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 42–ի 1-ից 5-ը:
... understanding of the federal treaty power . In the context of territorial acquisition , federal treaty makers are capable of adding territory to the United States , but only as a means of carrying into effect other national powers ...
... understanding , original meaning is a historical fact . It may be a difficult historical fact to ascertain given the problems of ( 1 ) determining whether the relevant mental states represent linguistic understandings , ex- pectations ...
... that is no reason to fudge the process of interpretation . Of course , one should not overstate the difference between actual and hypothetical understandings ; they merge whenever a particular understanding was Introduction 9.
... understanding was so widely held by an actual historical audience that any reasonable inter- preter in that audience would necessarily have held it . But there are some contexts in which actual and hypothetical understandings do not ...
... understanding ( even if not an acceptance ) of this approach is critical to an understanding of the arguments that we construct in this book . Under an approach such as ours that privileges an objective , hypothetical meaning ...