Download or read book Semblances of Sovereignty written by T. Alexander Aleinikoff and published by Harvard University Press. This book was released on 2009-07-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a set of cases decided at the end of the nineteenth century, the Supreme Court declared that Congress had "plenary power" to regulate immigration, Indian tribes, and newly acquired territories. Not coincidentally, the groups subject to Congress' plenary power were primarily nonwhite and generally perceived as "uncivilized." The Court left Congress free to craft policies of assimilation, exclusion, paternalism, and domination. Despite dramatic shifts in constitutional law in the twentieth century, the plenary power case decisions remain largely the controlling law. The Warren Court, widely recognized for its dedication to individual rights, focused on ensuring "full and equal citizenship"--an agenda that utterly neglected immigrants, tribes, and residents of the territories. The Rehnquist Court has appropriated the Warren Court's rhetoric of citizenship, but has used it to strike down policies that support diversity and the sovereignty of Indian tribes. Attuned to the demands of a new century, the author argues for abandonment of the plenary power cases, and for more flexible conceptions of sovereignty and citizenship. The federal government ought to negotiate compacts with Indian tribes and the territories that affirm more durable forms of self-government. Citizenship should be "decentered," understood as a commitment to an intergenerational national project, not a basis for denying rights to immigrants.
Download or read book The Poetics of Sovereignty in American Literature 1885 1910 written by Andrew Hebard and published by Cambridge University Press. This book was released on 2013 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines trends in American literature and sheds new light on the legal history of race relations during the Progressive Era.
Download or read book Sovereignty s Entailments written by Paul Nadasdy and published by University of Toronto Press. This book was released on 2017-11-29 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, indigenous peoples in the Yukon have signed land claim and self-government agreements that spell out the nature of government-to-government relations and grant individual First Nations significant, albeit limited, powers of governance over their peoples, lands, and resources. Those agreements, however, are predicated on the assumption that if First Nations are to qualify as governments at all, they must be fundamentally state-like, and they frame First Nation powers in the culturally contingent idiom of sovereignty. Based on over five years of ethnographic research carried out in the southwest Yukon, Sovereignty’s Entailments is a close ethnographic analysis of everyday practices of state formation in a society whose members do not take for granted the cultural entailments of sovereignty. This approach enables Nadasdy to illustrate the full scope and magnitude of the "cultural revolution" that is state formation and expose the culturally specific assumptions about space, time, and sociality that lie at the heart of sovereign politics. Nadasdy’s timely and insightful work illuminates how the process of state formation is transforming Yukon Indian people’s relationships with one another, animals, and the land.
Download or read book Islands of Sovereignty written by Jeffrey S. Kahn and published by University of Chicago Press. This book was released on 2019-01-03 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Islands of Sovereignty, anthropologist and legal scholar Jeffrey S. Kahn offers a new interpretation of the transformation of US borders during the late twentieth century and its implications for our understanding of the nation-state as a legal and political form. Kahn takes us on a voyage into the immigration tribunals of South Florida, the Coast Guard vessels patrolling the northern Caribbean, and the camps of Guantánamo Bay—once the world’s largest US-operated migrant detention facility—to explore how litigation concerning the fate of Haitian asylum seekers gave birth to a novel paradigm of offshore oceanic migration policing. Combining ethnography—in Haiti, at Guantánamo, and alongside US migration patrols in the Caribbean—with in-depth archival research, Kahn expounds a nuanced theory of liberal empire’s dynamic tensions and its racialized geographies of securitization. An innovative historical anthropology of the modern legal imagination, Islands of Sovereignty forces us to reconsider the significance of the rise of the current US immigration border and its relation to broader shifts in the legal infrastructure of contemporary nation-states across the globe.
Download or read book The Columbia History of Latinos in the United States Since 1960 written by David Gregory Gutiérrez and published by Columbia University Press. This book was released on 2004 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a comprehensive historical overview of the "Latinization" of the United States that has occurred over the past four decades. Brings together the views of some of the foremost scholarly interpreters of the recent history of Latinos in the United States.
Download or read book Deportation Nation written by Daniel Kanstroom and published by Harvard University Press. This book was released on 2010-03-15 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The danger of deportation hangs over the head of virtually every noncitizen in the United States. In the complexities and inconsistencies of immigration law, one can find a reason to deport almost any noncitizen at almost any time. In recent years, the system has been used with unprecedented vigor against millions of deportees. We are a nation of immigrants--but which ones do we want, and what do we do with those that we don't? These questions have troubled American law and politics since colonial times. Deportation Nation is a chilling history of communal self-idealization and self-protection. The post-Revolutionary Alien and Sedition Laws, the Fugitive Slave laws, the Indian "removals," the Chinese Exclusion Act, the Palmer Raids, the internment of the Japanese Americans--all sought to remove those whose origins suggested they could never become "true" Americans. And for more than a century, millions of Mexicans have conveniently served as cheap labor, crossing a border that was not official until the early twentieth century and being sent back across it when they became a burden. By illuminating the shadowy corners of American history, Daniel Kanstroom shows that deportation has long been a legal tool to control immigrants' lives and is used with increasing crudeness in a globalized but xenophobic world.
Download or read book Sovereignty Unhinged written by Deborah A. Thomas and published by Duke University Press. This book was released on 2023-01-18 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty Unhinged theorizes sovereignty beyond the typical understandings of action, control, and the nation-state. Rather than engaging with the geopolitical realities of the present, the contributors consider sovereignty from the perspective of how it is lived and enacted in everyday practice and how it reflects people’s aspirations for new futures. In a series of ethnographic case studies ranging from the Americas to the Middle East to South Asia, they examine the means of avoiding the political and historical capture that make one complicit with sovereign authority rather than creating the conditions of possibility to confront it. The contributors attend to the affective dimensions of these practices of world-building to illuminate the epistemological, ontological, and transnational entanglements that produce a sense of what is possible. They also trace how sovereignty is activated and deactivated over the course of a lifetime within the struggle of the everyday. In so doing, they outline how individuals create and enact forms of sovereignty that allow them to endure fast and slow forms of violence while embracing endless opportunities for building new worlds. Contributors. Alex Blanchette, Yarimar Bonilla, Jessica Cattelino, María Elena García, Akhil Gupta, Lochlann Jain, Purnima Mankekar, Joseph Masco, Michael Ralph, Danilyn Rutherford, Arjun Shankar, Kristen L. Simmons, Deborah A. Thomas, Leniqueca A. Welcome, Kaya Naomi Williams, Jessica Winegar
Download or read book Constitution and Public Policy in U S History written by Julian E. Zelizer and published by Penn State Press. This book was released on 2010-11-01 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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&R 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.
Download or read book Native Provenance written by Gerald Vizenor and published by U of Nebraska Press. This book was released on 2019-09-01 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gerald Vizenor's Native Provenance challenges readers to consider the subtle ironies at the heart of Native American culture and oral traditions such as creation and trickster stories and dream songs. A respected authority in the study of Native American literature and intellectual history, Vizenor believes that the protean nature of many creation stories, with their tease and weave of ironic gestures, was lost or obfuscated in inferior translations by scholars and cultural connoisseurs, and as a result the underlying theories and presuppositions of these renditions persist in popular literature and culture. Native Provenance explores more than two centuries of such betrayal of native creativity. With erudite and sweeping virtuosity, Vizenor examines how ethnographers and others converted the inherent confidence of native stories into uneasy sentiments of victimry. He explores the connection between Native Americans and Jews through gossip theory and strategies of cultural survivance, and between natural motion and ordinary practices of survivance. Other topics include the unique element of native liberty inherent in artistic milieus; the genre of visionary narratives of resistance; and the notions of historical absence, cultural nihilism, and victimry. Native Provenance is a tour de force of Native American cultural criticism ranging widely across the terrains of the artistic, literary, philosophical, linguistic, historical, ethnographic, and sociological aspects of interpreting native stories. Native Provenance is rife with poignant and original observations and is essential reading for anyone interested in Native American cultures and literature.
Download or read book A Companion to American Legal History written by Sally E. Hadden and published by John Wiley & Sons. This book was released on 2013-02-22 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas
Download or read book Duress written by Ann Laura Stoler and published by Duke University Press. This book was released on 2016-10-13 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do colonial histories matter to the urgencies and conditions of our current world? How have those histories so often been rendered as leftovers, as "legacies" of a dead past rather than as active and violating forces in the world today? With precision and clarity, Ann Laura Stoler argues that recognizing "colonial presence" may have as much to do with how the connections between colonial histories and the present are expected to look as it does with how they are expected to be. In Duress, Stoler considers what methodological renovations might serve to write histories that yield neither to smooth continuities nor to abrupt epochal breaks. Capturing the uneven, recursive qualities of the visions and practices that imperial formations have animated, Stoler works through a set of conceptual and concrete reconsiderations that locate the political effects and practices that imperial projects produce: occluded histories, gradated sovereignties, affective security regimes, "new" racisms, bodily exposures, active debris, and carceral archipelagos of colony and camp that carve out the distribution of inequities and deep fault lines of duress today.
Download or read book Making Foreigners written by Kunal M. Parker and published by Cambridge University Press. This book was released on 2015-08-31 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reconceptualizes the history of US immigration and citizenship law from the colonial period to the beginning of the twenty-first century by joining the histories of immigrants to those of Native Americans, African Americans, women, Asian Americans, Latino/a Americans and the poor. Parker argues that during the earliest stages of American history, being legally constructed as a foreigner, along with being subjected to restrictions on presence and movement, was not confined to those who sought to enter the country from the outside, but was also used against those on the inside. Insiders thus shared important legal disabilities with outsiders. It is only over the course of four centuries, with the spread of formal and substantive citizenship among the domestic population, a hardening distinction between citizen and alien, and the rise of a powerful centralized state, that the uniquely disabled legal subject we recognize today as the immigrant has emerged.
Download or read book Haunted by Empire written by Ann Laura Stoler and published by Duke University Press. This book was released on 2006-05-05 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: A milestone in U.S. historiography, Haunted by Empire brings postcolonial critiques to bear on North American history and draws on that history to question the analytic conventions of postcolonial studies. The contributors to this innovative collection examine the critical role of “domains of the intimate” in the consolidation of colonial power. They demonstrate how the categories of difference underlying colonialism—the distinctions advanced as the justification for the colonizer’s rule of the colonized—were enacted and reinforced in intimate realms from the bedroom to the classroom to the medical examining room. Together the essays focus attention on the politics of comparison—on how colonizers differentiated one group or set of behaviors from another—and on the circulation of knowledge and ideologies within and between imperial projects. Ultimately, this collection forces a rethinking of what historians choose to compare and of the epistemological grounds on which those choices are based. Haunted by Empire includes Ann Laura Stoler’s seminal essay “Tense and Tender Ties” as well as her bold introduction, which carves out the exciting new analytic and methodological ground animated by this comparative venture. The contributors engage in a lively cross-disciplinary conversation, drawing on history, anthropology, literature, philosophy, and public health. They address such topics as the regulation of Hindu marriages and gay sexuality in the early-twentieth-century United States; the framing of multiple-choice intelligence tests; the deeply entangled histories of Asian, African, and native peoples in the Americas; the racial categorizations used in the 1890 U.S. census; and the politics of race and space in French colonial New Orleans. Linda Gordon, Catherine Hall, and Nancy F. Cott each provide a concluding essay reflecting on the innovations and implications of the arguments advanced in Haunted by Empire. Contributors. Warwick Anderson, Laura Briggs, Kathleen Brown, Nancy F. Cott, Shannon Lee Dawdy, Linda Gordon, Catherine Hall, Martha Hodes, Paul A. Kramer, Lisa Lowe, Tiya Miles, Gwenn A. Miller, Emily S. Rosenberg, Damon Salesa, Nayan Shah, Alexandra Minna Stern, Ann Laura Stoler, Laura Wexler
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 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.
Download or read book States of Exception in American History written by Gary Gerstle and published by University of Chicago Press. This book was released on 2020-11-10 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: States of Exception in American History brings to light the remarkable number of instances since the Founding in which the protections of the Constitution have been overridden, held in abeyance, or deliberately weakened for certain members of the polity. In the United States, derogations from the rule of law seem to have been a feature of—not a bug in—the constitutional system. The first comprehensive account of the politics of exceptions and emergencies in the history of the United States, this book weaves together historical studies of moments and spaces of exception with conceptual analyses of emergency, the state of exception, sovereignty, and dictatorship. The Civil War, the Great Depression, and the Cold War figure prominently in the essays; so do Francis Lieber, Frederick Douglass, John Dewey, Clinton Rossiter, and others who explored whether it was possible for the United States to survive states of emergency without losing its democratic way. States of Exception combines political theory and the history of political thought with histories of race and political institutions. It is both inspired by and illuminating of the American experience with constitutional rule in the age of terror and Trump.
Download or read book Puerto Rico and the Origins of U S Global Empire written by Charles R. Venator-Santiago and published by Routledge. This book was released on 2015-03-05 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a postcolonial legal history of the United States’ territorial expansionism, this book provides an analysis of the foundations of its global empire. Charles R. Venator-Santiago argues that the United States has developed three traditions of territorial expansionism with corresponding constitutional interpretations, namely colonialist, imperialist, and global expansionist. This book offers an alternative interpretation of the origins of US global expansion, suggesting it began with the tradition of territorial expansionism following the 1898 Spanish–American War to legitimate the annexation of Puerto Rico and other non-contiguous territories. The relating constitutional interpretation grew out of the 1901 Insular Cases in which the Supreme Court coined the notion of an unincorporated territory to describe the 1900 Foraker Act’s normalization of the prevailing military territorial policies. Since then the United States has invoked the ensuing precedents to legitimate a wide array of global policies, including the ‘war on terror’. Puerto Rico and the Origins of US Global Empire: The Disembodied Shade combines a unique study of Puerto Rican legal history with a new interpretation of contemporary US policy. As such, it provides a valuable resource for students and scholars of the legal and historical disciplines, especially those with a specific interest in American and postcolonial studies.
