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 56–ի 1-ից 5-ը:
... principles , such as the separation of powers or federalism , control the forms of acquisition and governance ? Do inhabitants of federal territories have the same rights as inhabitants of the states ? Does the Presi- dent have inherent ...
... principles that accompany that kind of document . In our approach , arguments from structure and " first principles " can easily outweigh even very impressive evi- dence about concrete historical understandings . Original understandings ...
... principle of 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 ...
... principle or perhaps exceptions to the " beyond state competence " qualifica- tion ( allowing , for instance , Congress to enact copyright legislation without first demonstrating that the subject was beyond the competence of the states ) ...
... principles worked in con- junction with the Treaty Clause to make it easy . And once one gets beyond 1803 , into the second half of the nineteenth century , matters become consider- ably more complex . We cannot long escape the problem ...