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 81–ի 1-ից 5-ը:
... federal territory : one grants to Congress power " [ t ] o exercise exclusive Legislation in all Cases whatsoever " over the nation's capital and federal enclaves located within the boundaries of states , and another gives Congress ...
... federal territory, but that power is not unlimited. We maintain that the power to govern federal territory is subject to check by some, though not all, of the same structural and prohibi- tory limitations that apply to federal power in ...
... federal treaty power . In the context of territorial acquisition , federal treaty makers are capable of adding territory to the United States , but only as a means of carrying into effect other national powers , such as the power to ...
... federal judges in the territories , as is true of federal judges anywhere else in the coun- try , must conform to the requirements of Article III . Most territorial judges dismally fail this test . In both Chapters 4 and 5 , we sketch ...
... federal acquisition , or reacquisition , of territory following the Civil War , depending upon whether one regards the Southern secession as legally effective . And once the Southern states were acquired / occupied / restored , serious ...