Reconsidering the Insular Cases

The Past and Future of the American Empire

DOWNLOAD NOW »

Author: Gerald L. Neuman,Tomiko Brown-Nagin

Publisher: Harvard University Press

ISBN: 0979639573

Category: History

Page: 216

View: 7979

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 Insular cases and the emergence of American empire

DOWNLOAD NOW »

Author: Bartholomew H. Sparrow

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: History

Page: 300

View: 2405

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.

Does the Constitution Follow the Flag?

The Evolution of Territoriality in American Law

DOWNLOAD NOW »

Author: Kal Raustiala

Publisher: Oxford University Press

ISBN: 0199858179

Category: Law

Page: 313

View: 4387

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.

Foreign in a Domestic Sense

Puerto Rico, American Expansion, and the Constitution

DOWNLOAD NOW »

Author: Christina Duffy Burnett,Burke Marshall

Publisher: Duke University Press

ISBN: 0822381168

Category: Law

Page: 439

View: 6512

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

The Constitution of Empire

Territorial Expansion and American Legal History

DOWNLOAD NOW »

Author: Gary Lawson,Guy Seidman

Publisher: Yale University Press

ISBN: 9780300128963

Category: Law

Page: 288

View: 6379

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.

Colonial Crucible

Empire in the Making of the Modern American State

DOWNLOAD NOW »

Author: Alfred W. McCoy,Francisco A. Scarano

Publisher: Univ of Wisconsin Press

ISBN: 9780299231033

Category: History

Page: 685

View: 2334

At the end of the nineteenth century the United States swiftly occupied a string of small islands dotting the Caribbean and Western Pacific, from Puerto Rico and Cuba to Hawaii and the Philippines. Colonial Crucible: Empire in the Making of the Modern American State reveals how this experiment in direct territorial rule subtly but profoundly shaped U.S. policy and practice—both abroad and, crucially, at home. Edited by Alfred W. McCoy and Francisco A. Scarano, the essays in this volume show how the challenge of ruling such far-flung territories strained the U.S. state to its limits, creating both the need and the opportunity for bold social experiments not yet possible within the United States itself. Plunging Washington’s rudimentary bureaucracy into the white heat of nationalist revolution and imperial rivalry, colonialism was a crucible of change in American statecraft. From an expansion of the federal government to the creation of agile public-private networks for more effective global governance, U.S. empire produced far-reaching innovations. Moving well beyond theory, this volume takes the next step, adding a fine-grained, empirical texture to the study of U.S. imperialism by analyzing its specific consequences. Across a broad range of institutions—policing and prisons, education, race relations, public health, law, the military, and environmental management—this formative experience left a lasting institutional imprint. With each essay distilling years, sometimes decades, of scholarship into a concise argument, Colonial Crucible reveals the roots of a legacy evident, most recently, in Washington’s misadventures in the Middle East.

American Colonialism in Puerto Rico

The Judicial and Social Legacy

DOWNLOAD NOW »

Author: Efrén Rivera Ramos

Publisher: Markus Wiener Publishers

ISBN: 9781558764101

Category: Social Science

Page: 273

View: 4881

Providing a discussion of the complexity of Puerto Rican history and political culture, this text investigates the social reality embodied in the colonial relationship between the US and Mexico.

Islanders in the Empire

Filipino and Puerto Rican Laborers in Hawai'i

DOWNLOAD NOW »

Author: JoAnna Poblete

Publisher: University of Illinois Press

ISBN: 0252096479

Category: Social Science

Page: 248

View: 1198

In the early 1900s, workers from new U.S. colonies in the Philippines and Puerto Rico held unusual legal status. Denied citizenship, they nonetheless had the right to move freely in and out of U.S. jurisdiction. As a result, Filipinos and Puerto Ricans could seek jobs in the United States and its territories despite the anti-immigration policies in place at the time. JoAnna Poblete's Islanders in the Empire: Filipino and Puerto Rican Laborers in Hawai'i takes an in-depth look at how the two groups fared in a third new colony, Hawai'i. Using plantation documents, missionary records, government documents, and oral histories, Poblete analyzes how the workers interacted with Hawaiian government structures and businesses, how U.S. policies for colonial workers differed from those for citizens or foreigners, and how policies aided corporate and imperial interests. A rare tandem study of two groups at work on foreign soil, Islanders in the Empire offers a new perspective on American imperialism and labor issues of the era.

Seams of Empire

Race and Radicalism in Puerto Rico and the United States

DOWNLOAD NOW »

Author: Carlos Alamo-Pastrana

Publisher: N.A

ISBN: 9780813062563

Category: History

Page: 213

View: 9295

Using his ideas of racial imbrication (an approach that discerns overlapping layers of racism, colonialism, and exploitation), Alamo highlights the reasons and ways that many Puerto Ricans were marginalized in what has generally been perceived as a progressive space, and he looks at how the island gave American blacks and progressive whites a less restrictive place to generate interest in black radicalism.

Lines Drawn Upon the Water

First Nations and the Great Lakes Borders and Borderlands

DOWNLOAD NOW »

Author: Karl S. Hele

Publisher: Wilfrid Laurier Univ. Press

ISBN: 1554580048

Category: History

Page: 351

View: 3001

Proceedings of a conference held at University of Western Ontario, London, Ont., Feb. 11-12, 2005.

Cultures of Empire

Colonizers in Britain and the Empire in the Nineteenth and Twentieth Centuries : a Reader

DOWNLOAD NOW »

Author: Catherine Hall

Publisher: Taylor & Francis

ISBN: 9780415929066

Category: History

Page: 390

View: 4288

This reader collects together articles by key historians, literary critics and anthropologists on the cultures of colonialism in the British Empire in the 19th and 20th centuries. It is divided into three sections: theoretical, emphasizing approaches; the colonisers "at home"; and "away".

Human Rights, Democracy, and Legitimacy in a World of Disorder

DOWNLOAD NOW »

Author: Silja Voeneky,Gerald L. Neuman

Publisher: Cambridge University Press

ISBN: 110842094X

Category: Law

Page: 420

View: 3008

Examines a trio of key concepts that help to stabilize states and the international order: human rights, democracy, and legitimacy.

Zooland

The Institution of Captivity

DOWNLOAD NOW »

Author: Irus Braverman

Publisher: Stanford University Press

ISBN: 0804784396

Category: Social Science

Page: 280

View: 6696

This book takes a unique stance on a controversial topic: zoos. Zoos have their ardent supporters and their vocal detractors. And while we all have opinions on what zoos do, few people consider how they do it. Irus Braverman draws on more than seventy interviews conducted with zoo managers and administrators, as well as animal activists, to offer a glimpse into the otherwise unknown complexities of zooland. Zooland begins and ends with the story of Timmy, the oldest male gorilla in North America, to illustrate the dramatic transformations of zoos since the 1970s. Over these decades, modern zoos have transformed themselves from places created largely for entertainment to globally connected institutions that emphasize care through conservation and education. Zoos naturalize their spaces, classify their animals, and produce spectacular experiences for their human visitors. Zoos name, register, track, and allocate their animals in global databases. Zoos both abide by and create laws and industry standards that govern their captive animals. Finally, zoos intensely govern the reproduction of captive animals, carefully calculating the life and death of these animals, deciding which of them will be sustained and which will expire. Zooland takes readers behind the exhibits into the world of zoo animals and their caretakers. And in so doing, it turns its gaze back on us to make surprising interconnections between our understandings of the human and the nonhuman.

Defining Status

A Comprehensive Analysis of United States Territorial Relations

DOWNLOAD NOW »

Author: Arnold H. Leibowitz

Publisher: Martinus Nijhoff Publishers

ISBN: 9780792300694

Category: Law

Page: 757

View: 7635

Keeping Faith with the Constitution

DOWNLOAD NOW »

Author: Goodwin Liu,Pamela S. Karlan,Christopher H. Schroeder

Publisher: Oxford University Press

ISBN: 9780199752836

Category: Political Science

Page: 272

View: 2211

Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

Archipelagic American Studies

DOWNLOAD NOW »

Author: Brian Russell Roberts,Michelle Ann Stephens

Publisher: Duke University Press

ISBN: 0822373203

Category: Literary Criticism

Page: 520

View: 3841

Departing from conventional narratives of the United States and the Americas as fundamentally continental spaces, the contributors to Archipelagic American Studies theorize America as constituted by and accountable to an assemblage of interconnected islands, archipelagoes, shorelines, continents, seas, and oceans. They trace these planet-spanning archipelagic connections in essays on topics ranging from Indigenous sovereignty to the work of Édouard Glissant, from Philippine call centers to US militarization in the Caribbean, and from the great Pacific garbage patch to enduring overlaps between US imperialism and a colonial Mexican archipelago. Shaking loose the straitjacket of continental exceptionalism that hinders and permeates Americanist scholarship, Archipelagic American Studies asserts a more relevant and dynamic approach for thinking about the geographic, cultural, and political claims of the United States within broader notions of America. Contributors Birte Blascheck, J. Michael Dash, Paul Giles, Susan Gillman, Matthew Pratt Guterl, Hsinya Huang, Allan Punzalan Isaac, Joseph Keith, Yolanda Martínez-San Miguel, Brandy Nalani McDougall, Ifeoma Kiddoe Nwankwo, Craig Santos Perez, Brian Russell Roberts, John Carlos Rowe, Cherene Sherrard-Johnson, Ramón E. Soto-Crespo, Michelle Ann Stephens, Elaine Stratford, Etsuko Taketani, Alice Te Punga Somerville, Teresia Teaiwa, Lanny Thompson, Nicole A. Waligora-Davis

The Future of Learning Institutions in a Digital Age

DOWNLOAD NOW »

Author: Cathy N. Davidson,David Theo Goldberg

Publisher: MIT Press

ISBN: 0262258137

Category: Education

Page: 88

View: 3137

In this report, Cathy Davidson and David Theo Goldberg focus on the potential for shared and interactive learning made possible by the Internet. They argue that the single most important characteristic of the Internet is its capacity for world-wide community and the limitless exchange of ideas. The Internet brings about a way of learning that is not new or revolutionary but is now the norm for today's graduating high school and college classes. It is for this reason that Davidson and Goldberg call on us to examine potential new models of digital learning and rethink our virtually enabled and enhanced learning institutions.This report is available in a free digital edition on the MIT Press website at http://mitpress.mit.edu/9780262513593.John D. and Catherine T. MacArthur Foundation Reports on Digital Media and Learning

The Star of Redemption

DOWNLOAD NOW »

Author: Franz Rosenzweig,Barbara E. Galli

Publisher: University of Wisconsin Pres

ISBN: 029920720X

Category: Philosophy

Page: 459

View: 3031

The Star of Redemption is essential reading for anyone interested in understanding religion and philosophy in the twentieth century. Fusing philosophy and theology, the book assigns both Judaism and Christianity distinct but equally important roles in the spiritual structure of the world. Franz Rosenzweig finds in both biblical religions approaches to a comprehension of reality. The major themes and motifs of The Star—the birth, life, death, and the immortality of the soul; Eastern philosophies and Jewish mysticism; the relationship between God, world and humanity over time; and revelation as the real biblical miracle of faith and path to redemption—resonate meaningfully.