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:
... enumerated powers . On this under- standing , the Treaty Clause in Article II , section 2 is analogous to the Sweeping Clause of Article I , section 8 : both are capable , but only capable , of executing other national powers . We ...
... enumerated consti- tutional powers must include a power of territorial acquisition because “ [ t ] he right must ... enumerates most of the powers of Congress , states that Congress has power to " lay and collect Taxes , Duties , Imposts ...
... enumerated in Section 8 [ of Article I ] . " " 25 The modern Supreme Court has effectively adopted the second , “ soft ” Hamil- tonian position.26 The intramural debate among Hamilton , Madison , Story , and others is fascinating , 27 ...
... enumerated purposes . Representative Rodney invoked yet another clause in support of a power of territorial acquisition . The District Clause gives Congress power “ To exer- cise exclusive Legislation in all Cases whatsoever , over such ...
... enumerated powers seriously , as one should , one needs to find something in the Constitution that can authorize property acquisitions . And because consti- tutional clauses that grant power often do so only in a limited form and ...