Semblances of Sovereignty: The Constitution, the State, and American CitizenshipHarvard University Press, 1 Jul 2009 - 320 halaman In a set of cases decided at the end of the nineteenth century, the Supreme Court declared that Congress had "plenary power" to regulate immigration, Indian tribes, and newly acquired territories. Not coincidentally, the groups subject to Congress' plenary power were primarily nonwhite and generally perceived as "uncivilized." The Court left Congress free to craft policies of assimilation, exclusion, paternalism, and domination. |
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... is a general power to regulate the internal affairs of Indian tribes. Students are taught about a structure of dual sovereignty, with no mention of the sovereignty of Indian tribes or the status of Puerto Rico, Guam, vii.
... status of Puerto Rico, Guam, or the Dis- trict of Columbia. The progressive recognition of individual rights is usually featured as a central part of the constitutional story told about the twentieth century. Yet these areas of federal ...
... status. For most constitutional casebooks and scholarship, issues of state- federal relations exhaust the interesting questions to be asked about sovereignty.12 This conception of the field suppresses the recognition of Introduction • 3.
... status of international law in U.S. courts. These issues, it should be apparent, have potentially significant implications for theo- ries of liberal democracy. In a rather unconscious manner, most U.S. constitutional law schol- arship ...
... status for the territories. In telling this story, I begin with the late-nineteenth-century Su- preme Court decisions involving federal power over immigration, In- dian tribes, and newly acquired territories.19 In each instance the Jus ...
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1 | |
11 | |
From the Warren Court to the Rehnquist Court | 39 |
The Case of Puerto Rico | 74 |
5 The Erosion of American Indian Sovereignty | 95 |
6 Indian Tribal Sovereignty beyond Plenary Power | 122 |
7 Plenary Power Immigration Regulation and Decentered Citizenship | 151 |
Toward a New American Narrative | 182 |
Notes | 199 |
Index | 303 |