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Author: T. Alexander Aleinikoff
Publisher: Harvard University Press
ISBN: 0674020154
Category : Law
Languages : en
Pages : 321
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Book Description
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. Despite dramatic shifts in constitutional law in the twentieth century, the plenary power case decisions remain largely the controlling law. The Warren Court, widely recognized for its dedication to individual rights, focused on ensuring "full and equal citizenship"--an agenda that utterly neglected immigrants, tribes, and residents of the territories. The Rehnquist Court has appropriated the Warren Court's rhetoric of citizenship, but has used it to strike down policies that support diversity and the sovereignty of Indian tribes. Attuned to the demands of a new century, the author argues for abandonment of the plenary power cases, and for more flexible conceptions of sovereignty and citizenship. The federal government ought to negotiate compacts with Indian tribes and the territories that affirm more durable forms of self-government. Citizenship should be "decentered," understood as a commitment to an intergenerational national project, not a basis for denying rights to immigrants.
Author: T. Alexander Aleinikoff
Publisher: Harvard University Press
ISBN: 0674020154
Category : Law
Languages : en
Pages : 321
Get Book Here
Book Description
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. Despite dramatic shifts in constitutional law in the twentieth century, the plenary power case decisions remain largely the controlling law. The Warren Court, widely recognized for its dedication to individual rights, focused on ensuring "full and equal citizenship"--an agenda that utterly neglected immigrants, tribes, and residents of the territories. The Rehnquist Court has appropriated the Warren Court's rhetoric of citizenship, but has used it to strike down policies that support diversity and the sovereignty of Indian tribes. Attuned to the demands of a new century, the author argues for abandonment of the plenary power cases, and for more flexible conceptions of sovereignty and citizenship. The federal government ought to negotiate compacts with Indian tribes and the territories that affirm more durable forms of self-government. Citizenship should be "decentered," understood as a commitment to an intergenerational national project, not a basis for denying rights to immigrants.
Author: Paul Nadasdy
Publisher: University of Toronto Press
ISBN: 1487515731
Category : Social Science
Languages : en
Pages : 397
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Book Description
In recent decades, indigenous peoples in the Yukon have signed land claim and self-government agreements that spell out the nature of government-to-government relations and grant individual First Nations significant, albeit limited, powers of governance over their peoples, lands, and resources. Those agreements, however, are predicated on the assumption that if First Nations are to qualify as governments at all, they must be fundamentally state-like, and they frame First Nation powers in the culturally contingent idiom of sovereignty. Based on over five years of ethnographic research carried out in the southwest Yukon, Sovereignty’s Entailments is a close ethnographic analysis of everyday practices of state formation in a society whose members do not take for granted the cultural entailments of sovereignty. This approach enables Nadasdy to illustrate the full scope and magnitude of the "cultural revolution" that is state formation and expose the culturally specific assumptions about space, time, and sociality that lie at the heart of sovereign politics. Nadasdy’s timely and insightful work illuminates how the process of state formation is transforming Yukon Indian people’s relationships with one another, animals, and the land.
Author: Andrew Hebard
Publisher: Cambridge University Press
ISBN: 110702806X
Category : History
Languages : en
Pages : 217
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Book Description
The book examines trends in American literature and sheds new light on the legal history of race relations during the Progressive Era.
Author: Jeffrey S. Kahn
Publisher: University of Chicago Press
ISBN: 022658741X
Category : Law
Languages : en
Pages : 373
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Book Description
In Islands of Sovereignty, anthropologist and legal scholar Jeffrey S. Kahn offers a new interpretation of the transformation of US borders during the late twentieth century and its implications for our understanding of the nation-state as a legal and political form. Kahn takes us on a voyage into the immigration tribunals of South Florida, the Coast Guard vessels patrolling the northern Caribbean, and the camps of Guantánamo Bay—once the world’s largest US-operated migrant detention facility—to explore how litigation concerning the fate of Haitian asylum seekers gave birth to a novel paradigm of offshore oceanic migration policing. Combining ethnography—in Haiti, at Guantánamo, and alongside US migration patrols in the Caribbean—with in-depth archival research, Kahn expounds a nuanced theory of liberal empire’s dynamic tensions and its racialized geographies of securitization. An innovative historical anthropology of the modern legal imagination, Islands of Sovereignty forces us to reconsider the significance of the rise of the current US immigration border and its relation to broader shifts in the legal infrastructure of contemporary nation-states across the globe.
Author: Deborah A. Thomas
Publisher: Duke University Press
ISBN: 1478023716
Category : Social Science
Languages : en
Pages : 239
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Book Description
Sovereignty Unhinged theorizes sovereignty beyond the typical understandings of action, control, and the nation-state. Rather than engaging with the geopolitical realities of the present, the contributors consider sovereignty from the perspective of how it is lived and enacted in everyday practice and how it reflects people’s aspirations for new futures. In a series of ethnographic case studies ranging from the Americas to the Middle East to South Asia, they examine the means of avoiding the political and historical capture that make one complicit with sovereign authority rather than creating the conditions of possibility to confront it. The contributors attend to the affective dimensions of these practices of world-building to illuminate the epistemological, ontological, and transnational entanglements that produce a sense of what is possible. They also trace how sovereignty is activated and deactivated over the course of a lifetime within the struggle of the everyday. In so doing, they outline how individuals create and enact forms of sovereignty that allow them to endure fast and slow forms of violence while embracing endless opportunities for building new worlds. Contributors. Alex Blanchette, Yarimar Bonilla, Jessica Cattelino, María Elena García, Akhil Gupta, Lochlann Jain, Purnima Mankekar, Joseph Masco, Michael Ralph, Danilyn Rutherford, Arjun Shankar, Kristen L. Simmons, Deborah A. Thomas, Leniqueca A. Welcome, Kaya Naomi Williams, Jessica Winegar
Author: C. Joseph Genetin-Pilawa
Publisher: Univ of North Carolina Press
ISBN: 0807835765
Category : History
Languages : en
Pages : 248
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Book Description
Standard narratives of Native American history view the nineteenth century in terms of steadily declining Indigenous sovereignty, from removal of southeastern tribes to the 1887 General Allotment Act. In Crooked Paths to Allotment, C. Joseph Geneti
Author: J. I. Packer
Publisher: InterVarsity Press
ISBN: 0830866744
Category : Religion
Languages : en
Pages : 122
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Book Description
If God is in control of everything, can Christians sit back and not bother to evangelize? Or does active evangelism imply that God is not really sovereign at all? J. I. Packer shows in this classic study how both of these attitudes are false.
Author: David A. Rezvani
Publisher: OUP Oxford
ISBN: 0191002186
Category : Political Science
Languages : en
Pages : 401
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Book Description
After nearly six centuries of emergence and world dominance, the sovereign state now has a globally widespread competitor that frequently manages to surpass its capabilities in the areas of wealth, security, and self-determination. This book will show that in region after region throughout the world partially independent territories (including Hong Kong, Cayman Islands, Kurdistan, New Caledonia, and others) tend to be wealthier and more secure than their sovereign state counterparts. Often ignored because of their small size, lack of militaries, and divided powers, the partially independent territories that produce these advantages are responsible for nearly one-fifth of global capital flows, serve as solutions for some of the world's most intractable nationalistic disputes, and furnish important capabilities for sovereign states. The existence and capabilities of these polities contradict widely held assumptions of sovereign state pre-eminence and give rise to a range of puzzling issues that will be addressed by this book. Why do local nationalistically distinct populations accept partially independent unions? What guarantees do these polities have that their powers will not be usurped by internal and external adversaries? What makes core states (which divide and share powers with partially independent territories) willing to part with some of their sovereignty amidst fears that their countries will fully fragment? What are the prospects for the independence of Scotland, Catalonia, Puerto Rico, and the nearly 50 partially independent territories around the globe? This book explains how these polities emerge, maintain themselves, and sometimes come to an end.
Author: Ezrah Aharone
Publisher: AuthorHouse
ISBN: 1524601330
Category : Political Science
Languages : en
Pages : 253
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Book Description
The Sovereign Psyche is not just the title of the book. More importantly The Sovereign Psyche is the motivating consciousness, intellect, and willpower that is necessary to materialize what the book defines as "Self-Authentic Freedom" as opposed to "Chattel Freedom." Chattel freedom is when the value of a people is predicated upon the extent to which they serve the interests and institutions of others. As such, this work asserts that there is no such thing as intellectual or institutional equality, and that Black/African people have been unknowingly thrusted into an intellectual and institutional war, where second-place finishers either experience varying degrees of chattel freedom or they could end-up dead. Regardless of the issue, genuine solutions entail what we as Black/African people intellectually and institutionally do for ourselves. If "Black Lives Matter" we must channel the end-uses of our intellect and the resources of our institutions to not only prove and enforce it, but also leverage powers to penalize and/or repudiate violators. Although this work centers upon Black/African people, the sovereign functions and frameworks herein are universal in application, being that todays world rotates upon systems of sovereignty and power, not beliefs in democracy or equality. In this context, the sovereign concepts and criteria presented are far more rational than radical. The central question is, to what extent will Black/African people harness the willpower and employ the intellect of The Sovereign Psyche to actualize our own systems and institutions of self-authentic freedom, government, and development, without apology or permission? This work offers the ideological apparatus to make this possible, just as others are doing all around the globe.
Author: Ann Laura Stoler
Publisher: Duke University Press
ISBN: 0822373610
Category : Social Science
Languages : en
Pages : 407
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Book Description
How do colonial histories matter to the urgencies and conditions of our current world? How have those histories so often been rendered as leftovers, as "legacies" of a dead past rather than as active and violating forces in the world today? With precision and clarity, Ann Laura Stoler argues that recognizing "colonial presence" may have as much to do with how the connections between colonial histories and the present are expected to look as it does with how they are expected to be. In Duress, Stoler considers what methodological renovations might serve to write histories that yield neither to smooth continuities nor to abrupt epochal breaks. Capturing the uneven, recursive qualities of the visions and practices that imperial formations have animated, Stoler works through a set of conceptual and concrete reconsiderations that locate the political effects and practices that imperial projects produce: occluded histories, gradated sovereignties, affective security regimes, "new" racisms, bodily exposures, active debris, and carceral archipelagos of colony and camp that carve out the distribution of inequities and deep fault lines of duress today.
