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. |
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Արդյունքներ 48–ի 1-ից 5-ը:
... respecting the Territory or other Property belonging to the United States . " Many other clauses , of course , can plausibly be construed to affect territorial matters in some fashion , but the list of provisions directly addressed to ...
... respect : we do not believe that original meaning necessarily represents historically real mental states . There is ultimately no way to divorce meaning from mental states — that would truly be an absurd attempt to formulate “ law ...
... respecting the Territory or other Property belonging to the United States . ” 36 If this clause authorizes spending statutes , then there is no direct textual limitation on the purposes for which money can be spent ; the clause is ...
... respecting " such property , while money is a much poorer fit . Notwithstanding the presumption in favor of construing words in the Constitution consistently , there is a strong contextual case for treating the word 28 Acquiring Territory.
... respect only their internal Police , or for which their indi- vidual authorities may be competent . " 41 Had this provision been ratified , it would have been easily understood as a general authorization of the national government to ...