Reconsidering The Insular Cases

Author: Gerald L. Neuman
Publisher: Harvard University Press
ISBN: 0979639573
Size: 10.37 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 Insular Cases And The Emergence Of American Empire

Author: Bartholomew H. Sparrow
Publisher: Univ Pr of Kansas
ISBN:
Size: 72.21 MB
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When the United States took control of Cuba, Puerto Rico, the Philippines, and Guam following the Spanish-American War, it was unclear to what degree these islands were actually part of the U.S. and, in particular, whether the Constitution applied fully, or even in part, to their citizens. By looking closely at what became known as the Insular Cases, Bartholomew Sparrow reveals how America resolved to govern these territories. Sparrow follows the Insular Cases from the controversial Downes v. Bidwell in 1901, which concerned tariffs on oranges shipped to New York from Puerto Rico and which introduced the distinction between incorporated and unincorporated territories, to Balzac v. Puerto Rico in 1922, in which the Court decided that Puerto Ricans, although officially U.S. citizens, could be denied trial by jury because Puerto Rico was "unincorporated." There were 35 Insular Cases in all, cases stretching across two decades, cases in which the Court ruled on matters as diverse as tariffs, double jeopardy, and the very meaning of U.S. citizenship as it applied to the inhabitants of the offshore territories. Providing a new look at the history and politics of U.S. expansion at the turn of the twentieth century, Sparrow's book also examines the effect the Court's decisions had on the creation of an American empire. It highlights crucial features surrounding the cases--the influence of racism on the justices, the need for naval stations to protect new international trade, and dramatic changes in tariff policy. It also tells how the Court sanctioned the emergence of two kinds of American empire: formal territories whose inhabitants could be U.S. citizens but still be denied full politicalrights, and an informal empire based on trade, cooperative foreign governments, and U.S. military bases rather than on territorial acquisitions. The Insular Cases and the Emergence of American Empire reveals how the United States handled its first major episode of globalization and how the Supreme Court, in these cases, crucially redirected the course of American history.

Foreign In A Domestic Sense

Author: Christina Duffy Burnett
Publisher: Duke University Press
ISBN: 0822381168
Size: 38.24 MB
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In this groundbreaking study of American imperialism, leading legal scholars address the problem of the U.S. territories. Foreign in a Domestic Sense will redefine the boundaries of constitutional scholarship. More than four million U.S. citizens currently live in five “unincorporated” U.S. territories. The inhabitants of these vestiges of an American empire are denied full representation in Congress and cannot vote in presidential elections. Focusing on Puerto Rico, the largest and most populous of the territories, Foreign in a Domestic Sense sheds much-needed light on the United States’ unfinished colonial experiment and its legacy of racially rooted imperialism, while insisting on the centrality of these “marginal” regions in any serious treatment of American constitutional history. For one hundred years, Puerto Ricans have struggled to define their place in a nation that neither wants them nor wants to let them go. They are caught in a debate too politicized to yield meaningful answers. Meanwhile, doubts concerning the constitutionality of keeping colonies have languished on the margins of mainstream scholarship, overlooked by scholars outside the island and ignored by the nation at large. This book does more than simply fill a glaring omission in the study of race, cultural identity, and the Constitution; it also makes a crucial contribution to the study of American federalism, serves as a foundation for substantive debate on Puerto Rico’s status, and meets an urgent need for dialogue on territorial status between the mainlandd and the territories. Contributors. José Julián Álvarez González, Roberto Aponte Toro, Christina Duffy Burnett, José A. Cabranes, Sanford Levinson, Burke Marshall, Gerald L. Neuman, Angel R. Oquendo, Juan Perea, Efrén Rivera Ramos, Rogers M. Smith, E. Robert Statham Jr., Brook Thomas, Richard Thornburgh, Juan R. Torruella, José Trías Monge, Mark Tushnet, Mark Weiner

Courage To Dissent

Author: Tomiko Brown-Nagin
Publisher: Oxford University Press
ISBN: 9780199831593
Size: 53.56 MB
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In this Bancroft Prize-winning history of the Civil Rights movement in Atlanta from the end of World War II to 1980, Tomiko Brown-Nagin shows that long before "black power" emerged and gave black dissent from the mainstream civil rights agenda a name, African Americans in Atlanta questioned the meaning of equality and the steps necessary to obtain a share of the American dream. This groundbreaking book uncovers the activism of visionaries--both well-known figures and unsung citizens--from across the ideological spectrum who sought something different from, or more complicated than, "integration." Local activists often played leading roles in carrying out the agenda of the NAACP, but some also pursued goals that differed markedly from those of the venerable civil rights organization. Brown-Nagin documents debates over politics, housing, public accommodations, and schools. Exploring the complex interplay between the local and national, between lawyers and communities, between elites and grassroots, and between middle-class and working-class African Americans, Courage to Dissent transforms our understanding of the Civil Rights era.

American Colonialism In Puerto Rico

Author: Efrén Rivera Ramos
Publisher: Markus Wiener Publishers
ISBN: 9781558764101
Size: 37.91 MB
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Providing a discussion of the complexity of Puerto Rican history and political culture, this text investigates the social reality embodied in the colonial relationship between the US and Mexico.

Does The Constitution Follow The Flag

Author: Kal Raustiala
Publisher: Oxford University Press
ISBN: 0199745668
Size: 16.86 MB
Format: PDF
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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.

Seams Of Empire

Author: Carlos Alamo-Pastrana
Publisher:
ISBN: 9780813062563
Size: 21.40 MB
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Using his ideas of racial imbrication (an approach that discerns overlapping layers of racism, colonialism, and exploitation), Alamo highlights the reasons and ways that many Puerto Ricans were marginalized in what has generally been perceived as a progressive space, and he looks at how the island gave American blacks and progressive whites a less restrictive place to generate interest in black radicalism.

Afghan Modern

Author: Robert D. Crews
Publisher: Harvard University Press
ISBN: 067428609X
Size: 30.76 MB
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Rugged, remote, riven by tribal rivalries and religious violence, Afghanistan seems to many a forsaken country frozen in time. Robert Crews presents a bold challenge to this misperception. During their long history, Afghans have engaged and connected with a wider world, occupying a pivotal position in the Cold War and the decades that followed.

Boy Island

Author: Camden Joy
Publisher:
ISBN: 9780688170332
Size: 26.87 MB
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The members of a oncepopular rock 'n' roll band make a picaresque odyssey across America, from California to Virginia, into a series of adventures and experiences amidst a vacuous, disposable popular culture of diners, clubs, colleges, and hotels. Original.