Does The Constitution Follow The Flag

Author: Kal Raustiala
Publisher: Oxford University Press
ISBN: 0199858179
Size: 57.23 MB
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The Bush Administration has notoriously argued that detainees at Guantanamo do not enjoy constitutional rights because they are held outside American borders. But where do rules about territorial legal limits such as this one come from? Why does geography make a difference for what legal rules apply? Most people intuitively understand that location affects constitutional rights, but the legal and political basis for territorial jurisdiction is poorly understood. In this novel and accessible treatment of territoriality in American law and foreign policy, Kal Raustiala begins by tracing the history of the subject from its origins in post-revolutionary America to the Indian wars and overseas imperialism of the 19th century. He then takes the reader through the Cold War and the globalization era before closing with a powerful explanation of America's attempt to increase its extraterritorial power in the post-9/11 world. As American power has grown, our understanding of extraterritorial legal rights has expanded too, and Raustiala illuminates why America's assumptions about sovereignty and territory have changed. Throughout, he focuses on how the legal limits of territorial sovereignty have diminished to accommodate the expanding American empire, and addresses how such limits ought to look in the wake of Iraq, Afghanistan, and the war on terror. A timely and engaging narrative, Does the Constitution Follow the Flag? will change how we think about American territory, American law, and-ultimately-the changing nature of American power.

Reconsidering The Insular Cases

Author: Gerald L. Neuman
Publisher: Harvard University Press
ISBN: 0979639573
Size: 43.33 MB
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Over a century ago the United States Supreme Court decided the “Insular Cases,” which limited the applicability of constitutional rights in Puerto Rico and other overseas territories. Essays in Reconsidering the Insular Cases examine the history and legacy of these cases and explore possible solutions for the dilemmas they created.

The True Flag

Author: Stephen Kinzer
Publisher: Henry Holt and Company
ISBN: 1627792171
Size: 41.90 MB
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The bestselling author of Overthrow and The Brothers brings to life the forgotten political debate that set America’s interventionist course in the world for the twentieth century and beyond. How should the United States act in the world? Americans cannot decide. Sometimes we burn with righteous anger, launching foreign wars and deposing governments. Then we retreat—until the cycle begins again. No matter how often we debate this question, none of what we say is original. Every argument is a pale shadow of the first and greatest debate, which erupted more than a century ago. Its themes resurface every time Americans argue whether to intervene in a foreign country. Revealing a piece of forgotten history, Stephen Kinzer transports us to the dawn of the twentieth century, when the United States first found itself with the chance to dominate faraway lands. That prospect thrilled some Americans. It horrified others. Their debate gripped the nation. The country’s best-known political and intellectual leaders took sides. Theodore Roosevelt, Henry Cabot Lodge, and William Randolph Hearst pushed for imperial expansion; Mark Twain, Booker T. Washington, and Andrew Carnegie preached restraint. Only once before—in the period when the United States was founded—have so many brilliant Americans so eloquently debated a question so fraught with meaning for all humanity. All Americans, regardless of political perspective, can take inspiration from the titans who faced off in this epic confrontation. Their words are amazingly current. Every argument over America’s role in the world grows from this one. It all starts here.

Theodore Roosevelt American Politician

Author: David Henry Burton
Publisher: Fairleigh Dickinson Univ Press
ISBN: 9780838637272
Size: 59.41 MB
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The author draws on Roosevelt's life and the political history of the times, resulting in an analysis that is familiar to scholars as well as to the larger audience, that of historical readership. What is different here, however, is the application of the principles of decision-making theory both to decisions taken and mistakes made. Perhaps sterile in itself, the theory comes to life when used to objectify much of what is too often looked upon as the result of impulse in TR's conduct of affairs, in both his triumphs and his failures.

International Law In The U S Supreme Court

Author: David L. Sloss
Publisher: Cambridge University Press
ISBN: 1139497863
Size: 76.86 MB
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From its earliest decisions in the 1790s, the US Supreme Court has used international law to help resolve major legal controversies. This book presents a comprehensive account of the Supreme Court's use of international law from its inception to the present day. Addressing treaties, the direct application of customary international law and the use of international law as an interpretive tool, this book examines all the cases or lines of cases in which international law has played a material role, showing how the Court's treatment of international law both changed and remained consistent over the period. Although there was substantial continuity in the Supreme Court's international law doctrine through the end of the nineteenth century, the past century has been a time of tremendous doctrinal change. Few aspects of the Court's international law doctrine remain the same in the twenty-first century as they were two hundred years ago.

Between Samaritans And States

Author: Jennifer Rubenstein
Publisher: Oxford University Press, USA
ISBN: 0199684103
Size: 64.59 MB
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Examining the difficult ethical quandaries faced by humanitarian non-governmental organizations (INGOs), this book explains why INGOs occupy a middle ground between the individual good Samaritan and full-fledged conventional governments.

Informal International Lawmaking

Author: Joost Pauwelyn
Publisher: Oxford University Press
ISBN: 0199658587
Size: 22.31 MB
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Policy-makers, national administrations, and regulators engage in making laws without the formalities associated with treaties or customary law. This book analyses this informal international lawmaking and its impact on contemporary trends in international interaction, looking at the questions of accountability and effectiveness it raises.

Who Should Rule

Author: Monica Ricketts
Publisher: Oxford University Press
ISBN: 0190494883
Size: 72.14 MB
Format: PDF
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"When Philip V prevailed over his rival Archduke Charles of Austria in 1713, the Spanish Bourbon dynasty attempted to create a new power elite, based on a more professionalized, modern, and educated military officer corps. At the same time, the Bourbons wanted to govern by relying on 'men of letters,' who were well educated in a modern, enlightened curriculum. Both the military and the men of letters were often drawn from the provincial elite, not the traditional aristocracy, and they would form the core of the centralized Bourbon state, replacing the 'composite monarchy.' These groups emerged first in Spain and later the empire to defend and govern the Spanish Atlantic world. In the years after the French invasion of the Iberian Peninsula, a struggle in Spain and America developed over who would rule. Writers and lawyers produced new legislation to radically transform the Spanish world. Military officers would defend the monarchy in this new era of imperial competition. Additionally, they would govern. From the start, the rise of these political actors in the Spanish world was an uneven process. Military officers came to being as a new and somewhat solid corps. In contrast, the rise of men of letters confronted constant opposition. Rooted elites in both Spain and Peru resisted any attempts to curtail their power and prerogatives and undermined reform. As a consequence, men of letters found limited spaces in which to exercise their new authority, but they aimed for more, paving the way for decades of unrest. Monica Ricketts emphasizes the continuities and connections between the Spanish worlds on both sides of the Atlantic and the ways in which liberal men of letters failed to create a new institutional order in which the military would be subjected to civilian rule"--Provided by publishe