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 : 56. 39 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 Insular Cases And The Emergence Of American Empire

Author : Bartholomew H. Sparrow
ISBN : UOM:39015064875373
Genre : History
File Size : 25. 31 MB
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When the United States took control of Cuba, Puerto Rico, the Philippines, and Guam following the Spanish-American War, it was unclear to what degree these islands were actually part of the U.S. and, in particular, whether the Constitution applied fully, or even in part, to their citizens. By looking closely at what became known as the Insular Cases, Bartholomew Sparrow reveals how America resolved to govern these territories. Sparrow follows the Insular Cases from the controversial Downes v. Bidwell in 1901, which concerned tariffs on oranges shipped to New York from Puerto Rico and which introduced the distinction between incorporated and unincorporated territories, to Balzac v. Puerto Rico in 1922, in which the Court decided that Puerto Ricans, although officially U.S. citizens, could be denied trial by jury because Puerto Rico was "unincorporated." There were 35 Insular Cases in all, cases stretching across two decades, cases in which the Court ruled on matters as diverse as tariffs, double jeopardy, and the very meaning of U.S. citizenship as it applied to the inhabitants of the offshore territories. Providing a new look at the history and politics of U.S. expansion at the turn of the twentieth century, Sparrow's book also examines the effect the Court's decisions had on the creation of an American empire. It highlights crucial features surrounding the cases--the influence of racism on the justices, the need for naval stations to protect new international trade, and dramatic changes in tariff policy. It also tells how the Court sanctioned the emergence of two kinds of American empire: formal territories whose inhabitants could be U.S. citizens but still be denied full politicalrights, and an informal empire based on trade, cooperative foreign governments, and U.S. military bases rather than on territorial acquisitions. The Insular Cases and the Emergence of American Empire reveals how the United States handled its first major episode of globalization and how the Supreme Court, in these cases, crucially redirected the course of American history.

Reconsidering The Insular Cases

Author : Gerald L. Neuman
ISBN : 9780979639579
Genre : History
File Size : 41. 76 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.

The Constitution Of Empire

Author : Gary Lawson
ISBN : 0300128967
Genre : Law
File Size : 74. 38 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.

The Knockoff Economy

Author : Kal Raustiala
ISBN : 9780195399783
Genre : Business & Economics
File Size : 72. 73 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.

A Constitution Of Many Minds

Author : Cass R. Sunstein
ISBN : 9781400829927
Genre : Law
File Size : 59. 8 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 Ideological Origins Of The American Revolution

Author : Bernard Bailyn
ISBN : 9780674975651
Genre : History
File Size : 54. 67 MB
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The Ideological Origins of the American Revolution is a classic of American historical literature—required reading for understanding the Founders’ ideas and their struggles to implement them. In the preface to this 50th anniversary edition, Bernard Bailyn isolates the Founders’ profound concern with the uses and misuses of power.

The Confederate Battle Flag

Author : John M. COSKI
ISBN : 0674029860
Genre : History
File Size : 82. 82 MB
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In recent years, the Confederate flag has become as much a news item as a Civil War relic. Intense public debates have erupted over Confederate flags flying atop state capitols, being incorporated into state flags, waving from dormitory windows, or adorning the T-shirts and jeans of public school children. To some, this piece of cloth is a symbol of white supremacy and enduring racial injustice; to others, it represents a rich Southern heritage and an essential link to a glorious past. Polarizing Americans, these flag wars reveal the profound--and still unhealed--schisms that have plagued the country since the Civil War. The Confederate Battle Flag is the first comprehensive history of this contested symbol. Transcending conventional partisanship, John Coski reveals the flag's origins as one of many banners unfurled on the battlefields of the Civil War. He shows how it emerged as the preeminent representation of the Confederacy and was transformed into a cultural icon from Reconstruction on, becoming an aggressively racist symbol only after World War II and during the Civil Rights movement. We gain unique insight into the fine line between the flag's use as a historical emblem and as an invocation of the Confederate nation and all it stood for. Pursuing the flag's conflicting meanings, Coski suggests how this provocative artifact, which has been viewed with pride, fear, anger, nostalgia, and disgust, might ultimately provide Americans with the common ground of a shared and complex history.

The Fuller Court

Author : James W. Ely
ISBN : 9781576077146
Genre : Law
File Size : 23. 82 MB
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Explores the era, justices, key events, and decisions in landmark Supreme Court cases under Chief Justice Melville W. Fuller, including the creation of the Sherman Act, and the Pure Food and Drug Act.

The Decline And Fall Of The American Republic

Author : Bruce Ackerman
ISBN : 9780674058392
Genre : History
File Size : 25. 23 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.

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