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 59–ի 1-ից 5-ը:
... meaning. Has American expansion taken place pursuant to or outside the bounds of the United States Constitution that Madison and Gorham were drafting in the summer of 1787? Was Jefferson's effervescent (at least in 1809) attitude toward ...
... meaning—which, as we shall soon explain, is not necessarily the same operation that often takes place, or is often thought to take place, under the label of ''originalism.'' Applying that conception of constitutional meaning, our ...
... meaning over the course of two hundred years. Gorham's ghost may thus have triumphed in the end: the nation, with territories in tow, has endured beyond Gorham's expectations, but the Constitution that he helped draft got left behind in ...
... meaning: some privileged group of drafters, some privileged group of ratifiers, or a somewhat more amorphous group of actors who one might call, for lack of a better phrase, the educated affected public. On any such understanding ...
... meaning. But letting normative concerns drive interpretation conflates the question what the Constitution means with the very different question whether the Constitution, given its meaning, is a sound basis for decision-making.∞∑ We ...