does the constitution follow the flag

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Does The Constitution Follow The Flag

Author : Kal Raustiala
ISBN : 9780199858170
Genre : Law
File Size : 59. 23 MB
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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 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 Constitution Of Empire

Author : Gary Lawson
ISBN : 0300128967
Genre : Law
File Size : 87. 99 MB
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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.

Reconsidering The Insular Cases

Author : Gerald L. Neuman
ISBN : 9780979639579
Genre : History
File Size : 29. 38 MB
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Over a century ago the United States Supreme Court decided the “Insular Cases,” which limited the applicability of constitutional rights in Puerto Rico and other overseas territories. Essays in Reconsidering the Insular Cases examine the history and legacy of these cases and explore possible solutions for the dilemmas they created.

A Constitution Of Many Minds

Author : Cass R. Sunstein
ISBN : 9781400829927
Genre : Law
File Size : 68. 33 MB
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The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time. Exploring hot-button issues ranging from presidential power to same-sex relations to gun rights, Sunstein shows how the meaning of the Constitution is reestablished in every generation as new social commitments and ideas compel us to reassess our fundamental beliefs. He focuses on three approaches to the Constitution--traditionalism, which grounds the document's meaning in long-standing social practices, not necessarily in the views of the founding generation; populism, which insists that judges should respect contemporary public opinion; and cosmopolitanism, which looks at how foreign courts address constitutional questions, and which suggests that the meaning of the Constitution turns on what other nations do. Sunstein demonstrates that in all three contexts a "many minds" argument is at work--put simply, better decisions result when many points of view are considered. He makes sense of the intense debates surrounding these approaches, revealing their strengths and weaknesses, and sketches the contexts in which each provides a legitimate basis for interpreting the Constitution today. This book illuminates the underpinnings of constitutionalism itself, and shows that ours is indeed a Constitution, not of any particular generation, but of many minds.

The Knockoff Economy

Author : Kal Raustiala
ISBN : 9780195399783
Genre : Business & Economics
File Size : 85. 34 MB
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Contends that creativity can thrive in the face of piracy, arguing that the imitation of great designs forces an industry to innovate more quickly, and looks at examples of areas in which the practice has been accepted.

Defining Status

Author : Arnold H. Leibowitz
ISBN : 0792300696
Genre : Law
File Size : 49. 88 MB
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The Constitution And The New Deal

Author : G. Edward WHITE
ISBN : 0674008316
Genre : Law
File Size : 67. 58 MB
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In a powerful new narrative, G. Edward White challenges the reigning understanding of twentieth-century Supreme Court decisions, particularly in the New Deal period. He does this by rejecting such misleading characterizations as "liberal," "conservative," and "reactionary," and by reexamining several key topics in constitutional law. Through a close reading of sources and analysis of the minds and sensibilities of a wide array of justices, including Holmes, Brandeis, Sutherland, Butler, Van Devanter, and McReynolds, White rediscovers the world of early-twentieth-century constitutional law and jurisprudence. He provides a counter-story to that of the triumphalist New Dealers. The deep conflicts over constitutional ideas that took place in the first half of the twentieth century are sensitively recovered, and the morality play of good liberals vs. mossbacks is replaced. This is the only thoroughly researched and fully realized history of the constitutional thought and practice of all the Supreme Court justices during the turbulent period that made America modern.

Government For Puerto Rico

Author : John Colt Spooner
ISBN : CHI:28842320
Genre : Puerto Rico
File Size : 55. 55 MB
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The Decline And Fall Of The American Republic

Author : Bruce Ackerman
ISBN : 9780674058392
Genre : History
File Size : 36. 99 MB
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Constitutional thought is currently dominated by heroic tales of the Founding Fathers — who built an Enlightenment machine that can tick-tock its way into the twenty-first century, with a little fine-tuning by the Supreme Court. However, according to Bruce Ackerman, the modern presidency is far more dangerous today than it was when Arthur Schlesinger published the Imperial Presidency in 1973. In this book, he explores how the interaction of changes in the party system, mass communications, the bureaucracy, and the military have made the modern presidency too powerful and a threat to liberal constitutionalism and democracy. Ackerman argues that the principles of constitutional legitimacy have been undermined by both political and legal factors. On the political level, by “government by emergency” and “government by public-opinion poll”; on the legal, by two rising institutions: The Office of Legal Counsel in the Department of Justice and the Office of the Presidential Counsel in the White House. Both institutions came out of the New Deal, but have gained prominence only in the last generation. Lastly, Ackerman kicks off a reform debate that aims to adapt the Founding ideal of checks-and-balances to twenty-first century realities. His aim is not to propose definitive solutions but to provoke a national debate on American democracy in its time of trouble.

This Is Our Constitution

Author : Khizr Khan
ISBN : 9781524770938
Genre : Juvenile Nonfiction
File Size : 85. 58 MB
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From Gold Star father and beloved Democratic National Convention speaker Khizr Khan comes a book for young people about the Constitution—what it says and why it matters for everyone. Our Founding Fathers created the U.S. Constitution and Bill of Rights as a blueprint for American government and the rights of American citizens. This document is not merely a piece of parchment but a living, breathing promise of our deepest democratic values. Khizr Khan grew up in Pakistan, with few of the fundamental rights that are enshrined in the Constitution. He immigrated to America and became a citizen, raising his family to appreciate and honor all our nation has to offer. Khizr Khan is deeply passionate about the Constitution: the guarantees and protections it provides for each and every person and the beacon of light it shines throughout the world. This Is Our Constitution is a personal journey that Khizr Khan is taking with our nation’s young people. The book includes: * A highly personal introduction and conclusion * Notes throughout that share Khizr Khan’s reflections on and connections to the U.S. Constitution * The fascinating history of why and how the Constitution was written *Article by article and section by section, an easy-to-follow explanation of what the Constitution means * A closer look at key amendments, including the Bill of Rights, and pivotal Supreme Court decisions * The complete texts of the Declaration of Independence and the Constitution This is a book about why the Constitution matters to you, and us all.

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