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 34–ի 1-ից 5-ը:
... requirements of Article III . Most territorial judges dismally fail this test . In both Chapters 4 and 5 , we sketch the history by which the legal system has validated such constitutionally forbidden institutions . as elective ...
... requirement on spending in the same manner that it imposes a uniformity requirement on taxation . Nor are taxes the only source of funds for the national government . As Professor David Engdahl has noted , " [ f ] or generations ...
... requiring Senate consent , on a presidential power that is otherwise granted by the Article II Vesting Clause . It grants power to the Senate that that body would not otherwise have , but it does not create a federal treaty power that ...
... requirement of consent by two - thirds of the Senate . Therefore the Treaty Clause , although phrased as an enumeration of power , is in reality a constraint on the President's executive power . Alexander Hamil- ton thus aptly described ...
... requirement is also implicit in the grant of the executive power . ) It is the nature of the President's “ executive Power ” to implement existing law , not to create new law . The " executive Power , " despite its tex- tually ...