The Constitution of Empire

The Constitution of Empire PDF Author: Gary Lawson
Publisher: Yale University Press
ISBN: 0300128967
Category : Law
Languages : en
Pages : 284

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Book Description
The Constitution of Empire offers a constitutional and historical survey of American territorial expansion from the founding era to the present day. The authors describe the Constitution’s design for territorial acquisition and governance and examine the ways in which practice over the past two hundred years has diverged from that original vision. Noting that most of America’s territorial acquisitions—including the Louisiana Purchase, the Alaska Purchase, and the territory acquired after the Mexican-American and Spanish-American Wars—resulted from treaties, the authors elaborate a Jeffersonian-based theory of the federal treaty power and assess American territorial acquisitions from this perspective. They find that at least one American acquisition of territory and many of the basic institutions of territorial governance have no constitutional foundation, and they explore the often-strange paths that constitutional law has traveled to permit such deviations from the Constitution’s original meaning.

The Constitution of Empire

The Constitution of Empire PDF Author: Gary Lawson
Publisher: Yale University Press
ISBN: 0300128967
Category : Law
Languages : en
Pages : 284

Get Book Here

Book Description
The Constitution of Empire offers a constitutional and historical survey of American territorial expansion from the founding era to the present day. The authors describe the Constitution’s design for territorial acquisition and governance and examine the ways in which practice over the past two hundred years has diverged from that original vision. Noting that most of America’s territorial acquisitions—including the Louisiana Purchase, the Alaska Purchase, and the territory acquired after the Mexican-American and Spanish-American Wars—resulted from treaties, the authors elaborate a Jeffersonian-based theory of the federal treaty power and assess American territorial acquisitions from this perspective. They find that at least one American acquisition of territory and many of the basic institutions of territorial governance have no constitutional foundation, and they explore the often-strange paths that constitutional law has traveled to permit such deviations from the Constitution’s original meaning.

Foreign in a Domestic Sense

Foreign in a Domestic Sense PDF Author: Christina Duffy Burnett
Publisher: Duke University Press
ISBN: 0822381168
Category : Law
Languages : en
Pages : 440

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Book Description
In this groundbreaking study of American imperialism, leading legal scholars address the problem of the U.S. territories. Foreign in a Domestic Sense will redefine the boundaries of constitutional scholarship. More than four million U.S. citizens currently live in five “unincorporated” U.S. territories. The inhabitants of these vestiges of an American empire are denied full representation in Congress and cannot vote in presidential elections. Focusing on Puerto Rico, the largest and most populous of the territories, Foreign in a Domestic Sense sheds much-needed light on the United States’ unfinished colonial experiment and its legacy of racially rooted imperialism, while insisting on the centrality of these “marginal” regions in any serious treatment of American constitutional history. For one hundred years, Puerto Ricans have struggled to define their place in a nation that neither wants them nor wants to let them go. They are caught in a debate too politicized to yield meaningful answers. Meanwhile, doubts concerning the constitutionality of keeping colonies have languished on the margins of mainstream scholarship, overlooked by scholars outside the island and ignored by the nation at large. This book does more than simply fill a glaring omission in the study of race, cultural identity, and the Constitution; it also makes a crucial contribution to the study of American federalism, serves as a foundation for substantive debate on Puerto Rico’s status, and meets an urgent need for dialogue on territorial status between the mainlandd and the territories. Contributors. José Julián Álvarez González, Roberto Aponte Toro, Christina Duffy Burnett, José A. Cabranes, Sanford Levinson, Burke Marshall, Gerald L. Neuman, Angel R. Oquendo, Juan Perea, Efrén Rivera Ramos, Rogers M. Smith, E. Robert Statham Jr., Brook Thomas, Richard Thornburgh, Juan R. Torruella, José Trías Monge, Mark Tushnet, Mark Weiner

Building an American Empire

Building an American Empire PDF Author: Paul Frymer
Publisher: Princeton University Press
ISBN: 0691191565
Category : History
Languages : en
Pages : 310

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Book Description
How American westward expansion was governmentally engineered to promote the formation of a white settler nation Westward expansion of the United States is most conventionally remembered for rugged individualism, geographic isolationism, and a fair amount of luck. Yet the establishment of the forty-eight contiguous states was hardly a foregone conclusion, and the federal government played a critical role in its success. This book examines the politics of American expansion, showing how the government's regulation of population movements on the frontier, both settlement and removal, advanced national aspirations for empire and promoted the formation of a white settler nation. Building an American Empire details how a government that struggled to exercise plenary power used federal land policy to assert authority over the direction of expansion by engineering the pace and patterns of settlement and to control the movement of populations. At times, the government mobilized populations for compact settlement in strategically important areas of the frontier; at other times, policies were designed to actively restrain settler populations in order to prevent violence, international conflict, and breakaway states. Paul Frymer examines how these settlement patterns helped construct a dominant racial vision for America by incentivizing and directing the movement of white European settlers onto indigenous and diversely populated lands. These efforts were hardly seamless, and Frymer pays close attention to the failures as well, from the lack of further expansion into Latin America to the defeat of the black colonization movement. Building an American Empire reveals the lasting and profound significance government settlement policies had for the nation, both for establishing America as dominantly white and for restricting broader aspirations for empire in lands that could not be so racially engineered.

Does the Constitution Follow the Flag?

Does the Constitution Follow the Flag? PDF Author: Kal Raustiala
Publisher: Oxford University Press
ISBN: 0199858179
Category : History
Languages : en
Pages : 326

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Book Description
The Bush Administration has notoriously argued that detainees at Guantanamo do not enjoy constitutional rights because they are held outside American borders. But where do rules about territorial legal limits such as this one come from? Why does geography make a difference for what legal rules apply? Most people intuitively understand that location affects constitutional rights, but the legal and political basis for territorial jurisdiction is poorly understood. In this novel and accessible treatment of territoriality in American law and foreign policy, Kal Raustiala begins by tracing the history of the subject from its origins in post-revolutionary America to the Indian wars and overseas imperialism of the 19th century. He then takes the reader through the Cold War and the globalization era before closing with a powerful explanation of America's attempt to increase its extraterritorial power in the post-9/11 world. As American power has grown, our understanding of extraterritorial legal rights has expanded too, and Raustiala illuminates why America's assumptions about sovereignty and territory have changed. Throughout, he focuses on how the legal limits of territorial sovereignty have diminished to accommodate the expanding American empire, and addresses how such limits ought&R to look in the wake of Iraq, Afghanistan, and the war on terror. A timely and engaging narrative, Does the Constitution Follow the Flag? will change how we think about American territory, American law, and-ultimately-the changing nature of American power.

The Territorial Acquisitions of the United States, 1787-1904

The Territorial Acquisitions of the United States, 1787-1904 PDF Author: Edward Bicknell
Publisher:
ISBN:
Category : United States
Languages : en
Pages : 168

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Book Description


How to Hide an Empire

How to Hide an Empire PDF Author: Daniel Immerwahr
Publisher: Farrar, Straus and Giroux
ISBN: 0374715122
Category : History
Languages : en
Pages : 382

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Book Description
Named one of the ten best books of the year by the Chicago Tribune A Publishers Weekly best book of 2019 | A 2019 NPR Staff Pick A pathbreaking history of the United States’ overseas possessions and the true meaning of its empire We are familiar with maps that outline all fifty states. And we are also familiar with the idea that the United States is an “empire,” exercising power around the world. But what about the actual territories—the islands, atolls, and archipelagos—this country has governed and inhabited? In How to Hide an Empire, Daniel Immerwahr tells the fascinating story of the United States outside the United States. In crackling, fast-paced prose, he reveals forgotten episodes that cast American history in a new light. We travel to the Guano Islands, where prospectors collected one of the nineteenth century’s most valuable commodities, and the Philippines, site of the most destructive event on U.S. soil. In Puerto Rico, Immerwahr shows how U.S. doctors conducted grisly experiments they would never have conducted on the mainland and charts the emergence of independence fighters who would shoot up the U.S. Congress. In the years after World War II, Immerwahr notes, the United States moved away from colonialism. Instead, it put innovations in electronics, transportation, and culture to use, devising a new sort of influence that did not require the control of colonies. Rich with absorbing vignettes, full of surprises, and driven by an original conception of what empire and globalization mean today, How to Hide an Empire is a major and compulsively readable work of history.

American Imperialism

American Imperialism PDF Author: Adam Burns
Publisher: Edinburgh University Press
ISBN: 1474402151
Category : History
Languages : en
Pages : 232

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Book Description
Provides a critical re-evaluation of US territorial expansionism and imperialism from 1783 to the presentThe United States has been described by many of its foreign and domestic critics as an aempirea Providing a wide-ranging analysis of the United States as a territorial, imperial power from its foundation to the present day, this book explores the United States acquisition or long-term occupation of territories through a chronological perspective. It begins by exploring early continental expansion, such as the purchase of the Louisiana Territory from Napoleon Bonaparte in 1803, and traces US imperialism through to the controversial ongoing presence of US forces at Guantanamo Bay in Cuba. The book provides fresh insights into the history of US territorial expansion and imperialism, bringing together more well-known instances (such as the purchase of Alaska) with those less-frequently discussed (such as the acquisition of the Guano Islands after 1856). The volume considers key historical debates, controversies and turning points, providing a historiographically-grounded re-evaluation of US expansion from 1783 to the present day.Key FeaturesProvides case studies of different examples of US territorial expansion/imperialism, and adds much-needed context to ongoing debates over US imperialism for students of both History and PoliticsAnalyses many of the better known instances of US imperialism (for example, Cuba and the Philippines), while also considering often-overlooked examples such as the US Virgin Islands, American Samoa and GuamExplores American imperialism from a aterritorial acquisition/long-term occupationa viewpoint which differentiates it from many other books that instead focus on informal and economic imperialismDiscusses the presence of the US in key places such as Guantanamo Bay, the Panama Canal Zone and the Arctic

The Picky Eagle

The Picky Eagle PDF Author: Richard W. Maass
Publisher: Cornell University Press
ISBN: 1501748777
Category : History
Languages : en
Pages : 313

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Book Description
The Picky Eagle explains why the United States stopped annexing territory by focusing on annexation's domestic consequences, both political and normative. It describes how the US rejection of further annexations, despite its rising power, set the stage for twentieth-century efforts to outlaw conquest. In contrast to conventional accounts of a nineteenth-century shift from territorial expansion to commercial expansion, Richard W. Maass argues that US ambitions were selective from the start. By presenting twenty-three case studies, Maass examines the decision-making of US leaders facing opportunities to pursue annexation between 1775 and 1898. US presidents, secretaries, and congressmen consistently worried about how absorbing new territories would affect their domestic political influence and their goals for their country. These leaders were particularly sensitive to annexation's domestic costs where xenophobia interacted with their commitment to democracy: rather than grant political representation to a large alien population or subject it to a long-term imperial regime, they regularly avoided both of these perceived bad options by rejecting annexation. As a result, US leaders often declined even profitable opportunities for territorial expansion, and they renounced the practice entirely once no desirable targets remained. In addition to offering an updated history of the foundations of US territorial expansion, The Picky Eagle adds important nuance to previous theories of great-power expansion, with implications for our understanding of US foreign policy and international relations.

Rise of American Democracy

Rise of American Democracy PDF Author: Sean Wilentz
Publisher: W. W. Norton & Company
ISBN: 9780393329216
Category : Biography & Autobiography
Languages : en
Pages : 1114

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Book Description
A political history of how the fledgling American republic developed into a democratic state offers insight into how historical beliefs about democracy compromised democratic progress and identifies the roles of key contributors.

The Significance of the Frontier in American History

The Significance of the Frontier in American History PDF Author: Frederick Jackson Turner
Publisher:
ISBN: 9781614275725
Category : Travel
Languages : en
Pages : 32

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Book Description
2014 Reprint of 1894 Edition. Full facsimile of the original edition. The "Frontier Thesis" or "Turner Thesis," is the argument advanced by historian Frederick Jackson Turner in 1894 that American democracy was formed by the American Frontier. He stressed the process-the moving frontier line-and the impact it had on pioneers going through the process. He also stressed consequences of a ostensibly limitless frontier and that American democracy and egalitarianism were the principle results. In Turner's thesis the American frontier established liberty by releasing Americans from European mindsets and eroding old, dysfunctional customs. The frontier had no need for standing armies, established churches, aristocrats or nobles, nor for landed gentry who controlled most of the land and charged heavy rents. Frontier land was free for the taking. Turner first announced his thesis in a paper entitled "The Significance of the Frontier in American History," delivered to the American Historical Association in 1893 in Chicago. He won very wide acclaim among historians and intellectuals. Turner's emphasis on the importance of the frontier in shaping American character influenced the interpretation found in thousands of scholarly histories. By the time Turner died in 1932, 60% of the leading history departments in the U.S. were teaching courses in frontier history along Turnerian lines.