Author: Gerald L. Neuman Publisher: Harvard University Press ISBN: 0979639573 Category : History Languages : en Pages : 233
Book Description
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.
Author: Bartholomew H. Sparrow Publisher: ISBN: Category : History Languages : en Pages : 320
Book Description
Focuses on America's first attempts at empire-building through a string of U.S. Supreme Court decisions in the early part of the 20th century that tried to define the legal and constitutional status of America's island territories: Puerto Rico, Cuba, and the Philippines, among others, and reveals how the Court provided the rationalization for the establishment of an American empire.
Author: Gerald L. Neuman Publisher: Harvard University Press ISBN: 097963959X Category : Law Languages : en Pages : 233
Book Description
Over a century has passed since the United States Supreme Court decided a series of cases, known as the “Insular Cases,” that limited the applicability of constitutional rights in Puerto Rico and other overseas territories and allowed the United States to hold them indefinitely as subordinated possessions without the promise of representation or statehood. Essays in this volume, which originated in a Harvard Law School conference, reconsider the Insular Cases. Leading legal authorities examine the history and legacy of the cases, which are tinged with outdated notions of race and empire, and explore possible solutions for the dilemmas they created. Reconsidering the Insular Cases is particularly timely in light of the latest referendum in Puerto Rico expressing widespread dissatisfaction with its current form of governance, and litigation by American Samoans challenging their unequal citizenship status. This book gives voice to a neglected aspect of U.S. history and constitutional law and provides a rich context for rethinking notions of sovereignty, citizenship, race, and place, as well as the roles of law and politics in shaping them.
Author: Christina Duffy Burnett Publisher: Duke University Press ISBN: 0822381168 Category : Law Languages : en Pages : 440
Book Description
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
Author: Sam Erman Publisher: Cambridge University Press ISBN: 1108415490 Category : History Languages : en Pages : 293
Book Description
Tells the tragic story of Puerto Ricans who sought the post-Civil War regime of citizenship, rights, and statehood but instead received racist imperial governance.
Author: Goodwin Liu Publisher: Oxford University Press ISBN: 0199750661 Category : Political Science Languages : en Pages : 272
Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author: Alain-G. Gagnon Publisher: BRILL ISBN: 9004367187 Category : Law Languages : en Pages : 512
Book Description
The principal aim of this book is to revisit the basic theme of “unity and diversity” that remains at the heart of research into federalism and federation. It is time to take another look at its contemporary relevance to ascertain how far the bifocal relationship between unity and diversity has evolved over the years and has been translated into changing conceptual lenses, practical reform proposals and in some cases new institutional practices.
Author: Rocío Zambrana Publisher: Duke University Press ISBN: 1478013192 Category : History Languages : en Pages : 161
Book Description
With the largest municipal debt in US history and a major hurricane that destroyed much of the archipelago's infrastructure, Puerto Rico has emerged as a key site for the exploration of neoliberalism and disaster capitalism. In Colonial Debts Rocío Zambrana develops the concept of neoliberal coloniality in light of Puerto Rico's debt crisis. Drawing on decolonial thought and praxis, Zambrana shows how debt functions as an apparatus of predation that transforms how neoliberalism operates. Debt functions as a form of coloniality, intensifying race, gender, and class hierarchies in ways that strengthen the colonial relationship between Puerto Rico and the United States. Zambrana also examines the transformation of protest in Puerto Rico. From La Colectiva Feminista en Construcción's actions, long-standing land rescue/occupation in the territory, to the July 2019 protests that ousted former governor Ricardo “Ricky” Rosselló, protests pursue variations of decolonial praxis that subvert the positions of power that debt installs. As Zambrana demonstrates, debt reinstalls the colonial condition and adapts the racial/gender order essential to it, thereby emerging as a key site for political-economic subversion and social rearticulation.
Author: Scott Kirsch Publisher: Taylor & Francis ISBN: 100083977X Category : Science Languages : en Pages : 205
Book Description
American Colonial Spaces in the Philippines tells the story of U.S. colonialists who attempted, in the first decades of the twentieth century, to build an enduring American empire in the Philippines through the production of space. From concrete interventions in infrastructure, urban planning, and built environments to more abstract projects of mapping and territorialization, the book traces the efforts of U.S. Insular Government agents to make space for empire in the Philippines through forms of territory, map, landscape, and road, and how these spaces were understood as solutions to problems of colonial rule. Through the lens of space, the book offers an original history of a highly transformative, but largely misunderstood or forgotten, imperial moment, when the Philippine archipelago, made up of thousands of islands and an ethnically and religiously diverse population of more than seven million, became the unlikely primary setting for U.S. experimentation with formal colonial governance. Telling that story around key figures including Cameron Forbes, Daniel Burnham, Dean Worcester, and William Howard Taft, the book provides distinctive chapters dedicated to spaces of territory (sovereignty), maps (knowledge), landscape (aesthetics), and roads (circulation), suggesting new and integrative historical geographical approaches. This book will be of interest to students of Cultural, Historical, and Political Geography, American History, American Studies, Philippine Studies, Southeast Asia/Philippines; Asian Studies as well as general readers interested in these areas.
Author: Gerald L. Neuman
Author: Bartholomew H. Sparrow
Author: Gerald L. Neuman
Author: Christina Duffy Burnett
Author: Sam Erman
Author: Goodwin Liu
Author: Alain-G. Gagnon
Author: Rocío Zambrana
Author: Harvard Law Review
Author: Scott Kirsch