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 38–ի 1-ից 5-ը:
... gives Congress power “ to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States . " Many other clauses , of course , can plausibly be construed to affect ...
... gives Congress broad power to govern 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 ...
... give the national government jurisdiction beyond its other 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 ...
... self-described constitutional originalists, however, combine their tem- poral leanings with rules of interpretative relevance that give primacy to some set of historically concrete mental states . The great divide Introduction 7.
... gives every indication of being addressed to a relatively wide audience . Those directives are sets of words with referents — things and rela- tions in the world which the words signify — and the trick is to figure out what things and ...