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 63–ի 6-ից 10-ը:
... foreign sovereigns . The Sweeping Clause , by contrast , only autho- rizes laws , including spending laws , that are " necessary and proper for carry- ing into Execution " other enumerated federal powers . Congress can therefore spend ...
... foreign power.48 Early- twentieth - century thinkers , echoing previous debates , wondered whether the treaty power could be used to create regulatory laws that are beyond the enu- merated legislative powers of Congress.49 Modern ...
... foreign sovereigns . The treaty power , in other words , is implemen- tational rather than jurisdiction extending . — In order to understand this " Jeffersonian " position , a good place to start is with the distinctive nature of the ...
... foreign governments and give those governments enforcement power in American courts . But Congress cannot extend its legislative influence to foreign sovereigns or prevent itself or future Congresses from altering statu- tory rights ...
... foreign nations — is not as obvious as it may sound . Jeffer- son was doubtless imagining a putative " treaty " that is in fact simply an attempt to perform an end - run around the Article I legislative process by having a foreign ...