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Book Does the Constitution Follow the Flag

Download or read book Does the Constitution Follow the Flag written by Kal Raustiala and published by Oxford University Press. This book was released on 2011 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Reconsidering the Insular Cases

Download or read book Reconsidering the Insular Cases written by Gerald L. Neuman and published by Harvard University Press. This book was released on 2015-05-25 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book The Words We Live By

Download or read book The Words We Live By written by Linda R. Monk and published by Hachette Books. This book was released on 2015-08-11 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: THE WORDS WE LIVE BY takes an entertaining and informative look at America's most important historical document, now with discussions on new rulings on hot button issues such as immigration, gay marriage, gun control, and affirmative action. In THE WORDS WE LIVE BY, Linda Monk probes the idea that the Constitution may seem to offer cut-and-dried answers to questions regarding personal rights, but the interpretations of this hallowed document are nearly infinite. For example, in the debate over gun control, does "the right of the people to bear arms" as stated in the Second Amendment pertain to individual citizens or regulated militias? What do scholars say? Should the Internet be regulated and censored, or does this impinge on the freedom of speech as defined in the First Amendment? These and other issues vary depending on the interpretation of the Constitution. Through entertaining and informative annotations, THE WORDS WE LIVE BY offers a new way of looking at the Constitution. Its pages reflect a critical, respectful and appreciative look at one of history's greatest documents. THE WORDS WE LIVE BY is filled with a rich and engaging historical perspective along with enough surprises and fascinating facts and illustrations to prove that your Constitution is a living--and entertaining--document. Updated now for the first time, THE WORDS WE LIVE BY continues to take an entertaining and informative look at America's most important historical document, now with discussions on new rulings on hot button issues such as immigration, gay marriage, and affirmative action.

Book How Constitutional Rights Matter

Download or read book How Constitutional Rights Matter written by Adam Chilton and published by Oxford University Press, USA. This book was released on 2020 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.

Book Foreign in a Domestic Sense

    Book Details:
  • Author : Christina Duffy Burnett
  • Publisher : Duke University Press
  • Release : 2001-07-20
  • ISBN : 0822381168
  • Pages : 440 pages

Download or read book Foreign in a Domestic Sense written by Christina Duffy Burnett and published by Duke University Press. This book was released on 2001-07-20 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Book Strangers to the Constitution

Download or read book Strangers to the Constitution written by Gerald L. Neuman and published by . This book was released on 1996 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gerald Neuman discusses in historical and contemporary terms the repeated efforts of U.S. insiders to claim the Constitution as their exclusive property and to deny constitutional rights to aliens and immigrants--and even citizens if they are outside the nation's borders. Tracing such efforts from the debates over the Alien and Sedition Acts in 1798 to present-day controversies about illegal aliens and their children, the author argues that no human being subject to the governance of the United States should be a "stranger to the Constitution." Thus, whenever the government asserts its power to impose obligations on individuals, it brings them within the constitutional system and should afford them constitutional rights. In Neuman's view, this mutuality of obligation is the most persuasive approach to extending constitutional rights extraterritorially to all U.S. citizens and to those aliens on whom the United States seeks to impose legal responsibilities. Examining both mutuality and more flexible theories, Neuman defends some constitutional constraints on immigration and deportation policies and argues that the political rights of aliens need not exclude suffrage. Finally, in regard to whether children born in the United States to illegally present alien parents should be U.S. citizens, he concludes that the Constitution's traditional shield against the emergence of a hereditary caste of "illegals" should be vigilantly preserved.

Book Learn about the United States

Download or read book Learn about the United States written by U.S. Citizenship and Immigration Services and published by Government Printing Office. This book was released on 2009 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Learn About the United States" is intended to help permanent residents gain a deeper understanding of U.S. history and government as they prepare to become citizens. The product presents 96 short lessons, based on the sample questions from which the civics portion of the naturalization test is drawn. An audio CD that allows students to listen to the questions, answers, and civics lessons read aloud is also included. For immigrants preparing to naturalize, the chance to learn more about the history and government of the United States will make their journey toward citizenship a more meaningful one.

Book United States Code

    Book Details:
  • Author : United States
  • Publisher :
  • Release : 1952
  • ISBN :
  • Pages : 1508 pages

Download or read book United States Code written by United States and published by . This book was released on 1952 with total page 1508 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The First American Flag

Download or read book The First American Flag written by Kathy Allen and published by Capstone. This book was released on 2009-07 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legend says that Betsy Ross sewed the first U.S. flag in 1776. But the facts say someone else did. Who was it? And how has the flag changed since then? Here's the story.

Book Freedom s Law

    Book Details:
  • Author : Ronald Dworkin
  • Publisher : OUP Oxford
  • Release : 1999
  • ISBN : 0198265573
  • Pages : 438 pages

Download or read book Freedom s Law written by Ronald Dworkin and published by OUP Oxford. This book was released on 1999 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.

Book History of the United States

Download or read book History of the United States written by Mary Ritter Beard and published by BoD – Books on Demand. This book was released on 2009 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: Overview of US-American History from colonization to the First World War.

Book Oregon Blue Book

    Book Details:
  • Author : Oregon. Office of the Secretary of State
  • Publisher :
  • Release : 1915
  • ISBN :
  • Pages : 196 pages

Download or read book Oregon Blue Book written by Oregon. Office of the Secretary of State and published by . This book was released on 1915 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Capture the Flag

    Book Details:
  • Author : Woden Teachout
  • Publisher : Hachette UK
  • Release : 2009-05-26
  • ISBN : 0786744766
  • Pages : 272 pages

Download or read book Capture the Flag written by Woden Teachout and published by Hachette UK. This book was released on 2009-05-26 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans honor the flag with a fervor seen in few other countries: The Stars and Stripes decorate American homes and businesses; wave over sports events and funerals; and embellish everything from politicians' lapels to the surface of the moon. But what does the flag mean? In Capture the Flag, historian Woden Teachout reveals that it has held vastly different meanings over time. It has been claimed by both the right and left; by racists and revolutionaries; by immigrants and nativists. In tracing the political history of the flag from its origins in the American Revolution through the present day, Teachout demonstrates that the shifting symbolism of the flag reveals a broader shift in the definition of American patriotism. A story of a nation in search of itself, Capture the Flag offers a probing account of the flag that has become America's icon.

Book Government for Puerto Rico

Download or read book Government for Puerto Rico written by John Coit Spooner and published by . This book was released on 1900 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Constitution and the New Deal

Download or read book The Constitution and the New Deal written by G. Edward White and published by Harvard University Press. This book was released on 2002-05-15 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a powerful new narrative, G. Edward White challenges the reigning understanding of twentieth-century Supreme Court decisions, particularly in the New Deal period. He does this by rejecting such misleading characterizations as "liberal," "conservative," and "reactionary," and by reexamining several key topics in constitutional law. Through a close reading of sources and analysis of the minds and sensibilities of a wide array of justices, including Holmes, Brandeis, Sutherland, Butler, Van Devanter, and McReynolds, White rediscovers the world of early-twentieth-century constitutional law and jurisprudence. He provides a counter-story to that of the triumphalist New Dealers. The deep conflicts over constitutional ideas that took place in the first half of the twentieth century are sensitively recovered, and the morality play of good liberals vs. mossbacks is replaced. This is the only thoroughly researched and fully realized history of the constitutional thought and practice of all the Supreme Court justices during the turbulent period that made America modern.

Book An Introduction to the Study of the Law of the Constitution

Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

Book Foreign in a Domestic Sense

    Book Details:
  • Author : Christina Duffy Burnett
  • Publisher : Duke University Press
  • Release : 2001-07-20
  • ISBN : 9780822326984
  • Pages : 448 pages

Download or read book Foreign in a Domestic Sense written by Christina Duffy Burnett and published by Duke University Press. This book was released on 2001-07-20 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVA number of leading legal scholars address different aspects of the American experience of territorial government in areas unincorporated for reasons of geography and the cultural and racial makeup of their peoples with special emphasis on the status of P/div