The Constitution of Empire: Territorial Expansion and American Legal HistoryYale University Press, 01 հոկ, 2008 թ. - 288 էջ 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. |
From inside the book
Արդյունքներ 42–ի 1-ից 5-ը:
... Supreme Court held in Missouri v Holland10 that the President and Senate could regulate by treaty matters that Congress could not constitu- tionally regulate by statute . Jefferson , by contrast , viewed the treaty power as an ...
... courts to show that Con- gress and the courts have never answered the serious constitutional arguments against these ... Supreme Court ap- proved that peculiar form of governance in 1854. We do not . More to the point , neither does the ...
... Supreme Court that " [ t ] he Constitution confers absolutely on the government of the Union , the powers of making war , and of making treaties ; consequently , that government possesses the power of acquiring territory , either by ...
... Supreme Court has effectively adopted the second , “ soft ” Hamil- tonian position.26 The intramural debate among Hamilton , Madison , Story , and others is fascinating , 27 but any position that treats the phrase " to pay the Debts and ...
... Supreme Court opin- ions and academic symposia , 31 there is one small problem with using the Spending Clause as a source of power to acquire property : there is no Spend- ing Clause in the federal Constitution . The text most often ...