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 45–ի 1-ից 5-ը:
... Applying that conception of constitutional mean- ing , our conclusion is that Jefferson was partly right and partly wrong , a conclusion that reflects a basic ambiguity about the meaning of an American " empire . " One could mean by ...
... apply to federal power in other contexts. Most signifi- cantly, those limitations place obstacles in the path of institutions of self- governance during the territorial phase. As we will explain, however, those obstacles can be overcome ...
... 2 and 3 , we apply our theory of the treaty power to the Ameri- can acquisitions of territory after 1803 , and in particular to the acquisitions of noncontiguous territory , such as Alaska and the Philippines , Introduction 5.
... application of provisions such as the Bill of Rights to territorial citizens . As does virtually everyone else who has considered the issue , we disagree with the current doctrine that permits Congress to deprive at least some ...
... applying the appropriate inter- pretative baselines , would have concluded that a dissenting voice on the mean- ing of a document had the better of the argument , that dissenting voice would reflect the document's objective public ...