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Author : Oregon. Office of the Secretary of State
Publisher :
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.:/5 (319 download)
Download or read book Oregon Blue Book written by Oregon. Office of the Secretary of State and published by . This book was released on 1895 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Gary Lawson
Publisher : Yale University Press
ISBN 13 : 0300128967
Total Pages : 284 pages
Book Rating : 4.3/5 (1 download)
Download or read book The Constitution of Empire written by Gary Lawson and published by Yale University Press. This book was released on 2008-10-01 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution of Empire offers a constitutional and historical survey of American territorial expansion from the founding era to the present day. The authors describe the Constitution’s design for territorial acquisition and governance and examine the ways in which practice over the past two hundred years has diverged from that original vision. Noting that most of America’s territorial acquisitions—including the Louisiana Purchase, the Alaska Purchase, and the territory acquired after the Mexican-American and Spanish-American Wars—resulted from treaties, the authors elaborate a Jeffersonian-based theory of the federal treaty power and assess American territorial acquisitions from this perspective. They find that at least one American acquisition of territory and many of the basic institutions of territorial governance have no constitutional foundation, and they explore the often-strange paths that constitutional law has traveled to permit such deviations from the Constitution’s original meaning.
Author : Francis Newton Thorpe
Publisher :
ISBN 13 :
Total Pages : 676 pages
Book Rating : 4.3/5 (243 download)
Download or read book The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the State, Territories, and Colonies Now Or Heretofore Forming the United States of America: Kentucky ; Massachusetts written by Francis Newton Thorpe and published by . This book was released on 1909 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Joseph Story
Publisher :
ISBN 13 :
Total Pages : 790 pages
Book Rating : 4.F/5 ( download)
Download or read book Commentaries on the Constitution of the United States written by Joseph Story and published by . This book was released on 1833 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Kal Raustiala
Publisher : Oxford University Press
ISBN 13 : 0199858179
Total Pages : 326 pages
Book Rating : 4.1/5 (998 download)
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.
Author : George Anderson
Publisher : Oxford University Press
ISBN 13 : 0192573608
Total Pages : 481 pages
Book Rating : 4.1/5 (925 download)
Download or read book Territory and Power in Constitutional Transitions written by George Anderson and published by Oxford University Press. This book was released on 2019-03-07 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.
Author : Martin Loughlin
Publisher : OUP Oxford
ISBN 13 : 0191648183
Total Pages : 528 pages
Book Rating : 4.1/5 (916 download)
Download or read book Foundations of Public Law written by Martin Loughlin and published by OUP Oxford. This book was released on 2012-09-27 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foundations of Public Law offers an account of the formation of the discipline of public law with a view to identifying its essential character, explaining its particular modes of operation, and specifying its unique task. Building on the framework first outlined in The Idea of Public Law (OUP, 2003), the book conceives public law broadly as a type of law that comes into existence as a consequence of the secularization, rationalization and positivization of the medieval idea of fundamental law. Formed as a result of the changes that give birth to the modern state, public law establishes the authority and legitimacy of modern governmental ordering. Public law today is a universal phenomenon, but its origins are European. Part I of the book examines the conditions of its formation, showing how much the concept borrowed from the refined debates of medieval jurists. Part II then examines the nature of public law. Drawing on a line of juristic inquiry that developed from the late sixteenth to the early nineteenth centuries-extending from Bodin, Althusius, Lipsius, Grotius, Hobbes, Spinoza, Locke and Pufendorf to the later works of Montesquieu, Rousseau, Kant, Fichte, Smith and Hegel-it presents an account of public law as a special type of political reason. The remaining three Parts unpack the core elements of this concept: state, constitution, and government. By taking this broad approach to the subject, Professor Loughlin shows how, rather than being viewed as a limitation on power, law is better conceived as a means by which public power is generated. And by explaining the way that these core elements of state, constitution, and government were shaped respectively by the technological, bourgeois, and disciplinary revolutions of the sixteenth century through to the nineteenth century, he reveals a concept of public law of considerable ambiguity, complexity and resilience.
Author : Christina Duffy Burnett
Publisher : Duke University Press
ISBN 13 : 0822381168
Total Pages : 440 pages
Book Rating : 4.8/5 (223 download)
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
Author : T. Alexander Aleinikoff
Publisher : Harvard University Press
ISBN 13 : 0674020154
Total Pages : 321 pages
Book Rating : 4.6/5 (74 download)
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.
Author : Charles S. Maier
Publisher : Harvard University Press
ISBN 13 : 0674973917
Total Pages : 248 pages
Book Rating : 4.6/5 (749 download)
Download or read book Once Within Borders written by Charles S. Maier and published by Harvard University Press. This book was released on 2016-10-17 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout history, human societies have been organized preeminently as territories—politically bounded regions whose borders define the jurisdiction of laws and the movement of peoples. At a time when the technologies of globalization are eroding barriers to communication, transportation, and trade, Once Within Borders explores the fitful evolution of territorial organization as a worldwide practice of human societies. Master historian Charles S. Maier tracks the epochal changes that have defined territories over five centuries and draws attention to ideas and technologies that contribute to territoriality’s remarkable resilience. Territorial boundaries transform geography into history by providing a framework for organizing political and economic life. But properties of territory—their meanings and applications—have changed considerably across space and time. In the West, modern territoriality developed in tandem with ideas of sovereignty in the seventeenth century. Sovereign rulers took steps to fortify their borders, map and privatize the land, and centralize their sway over the populations and resources within their domain. The arrival of railroads and the telegraph enabled territorial expansion at home and abroad as well as the extension of control over large spaces. By the late nineteenth century, the extent of a nation’s territory had become an index of its power, with overseas colonial possessions augmenting prestige and wealth and redefining territoriality. Turning to the geopolitical crises of the twentieth century, Maier pays close attention to our present moment, asking in what ways modern nations and economies still live within borders and to what degree our societies have moved toward a post-territiorial world.
Author : Alaska Legislative Affairs Agency
Publisher :
ISBN 13 : 9781304117380
Total Pages : pages
Book Rating : 4.1/5 (173 download)
Download or read book Alaska's Constitution written by Alaska Legislative Affairs Agency and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : David F. Forte
Publisher : Simon and Schuster
ISBN 13 : 1621573524
Total Pages : 644 pages
Book Rating : 4.6/5 (215 download)
Download or read book The Heritage Guide to the Constitution written by David F. Forte and published by Simon and Schuster. This book was released on 2014-09-16 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation
Author : Francis Newton Thorpe
Publisher :
ISBN 13 :
Total Pages : 662 pages
Book Rating : 4.4/5 (91 download)
Download or read book The Federal and State Constitutions written by Francis Newton Thorpe and published by . This book was released on 1909 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Mark Elliott
Publisher : Oxford University Press, USA
ISBN 13 : 0199237107
Total Pages : 902 pages
Book Rating : 4.1/5 (992 download)
Download or read book Public Law written by Mark Elliott and published by Oxford University Press, USA. This book was released on 2011-03-17 with total page 902 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Law is a high quality introductory textbook that comprehensively covers the key topics found on undergraduate public law courses. Three key themes that permeate all of the content allow students to approach the content in a structured and easy to understand way and questions posed throughout the chapters give students the opportunity to provide answers that show how their knowledge has increased as the chapter progresses. The key themes are: -The significance of executive power in the contemporary constitution and the challenge of ensuring that those who wield it are held to account -The shift in recent times from a more political to a more legal constitution and the implications of this change -The increasingly 'multi-layered' character of the British constitution Online Resource Centre Public Law is accompanied by a free, open-access Online Resource Centre (www.oxfordtextbooks.co.uk/orc/elliott_thomas) which offers the following resources to support students: - Figures from the book reproduced online - A list of useful websites for students - Regularly posted legal and political updates for the book - A testbank of questions for tutors to assess students' progress This book has been highly endorsed by lecturers for level of coverage, accuracy, and the manner in which the three themes provide an excellent backdrop to the book's content. 'I think it will be a very welcome addition to the range of text books available and I suspect that it will become my personal favourite.' - Barbara Mauthe; Lancaster University 'I found the book impressive and likely to be of interest and use to a great many. It is written in a style that is pitched about the right level. It was easy to understand and provides - for me - a good blend of black letter law and socio-political context' - David Mead; University of East Anglia Written by two experienced teachers of the subject, Public Law is an essential new text that focuses on what students need to engage with and understand this challenging subject.
Author : United States. Congress
Publisher :
ISBN 13 :
Total Pages : 1324 pages
Book Rating : 4.A/5 ( download)
Download or read book Congressional Record written by United States. Congress and published by . This book was released on 1968 with total page 1324 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Andrew Coan
Publisher : Harvard University Press
ISBN 13 : 0674986954
Total Pages : 281 pages
Book Rating : 4.6/5 (749 download)
Download or read book Rationing the Constitution written by Andrew Coan and published by Harvard University Press. This book was released on 2019-04-29 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.
Author : Boaz Atzili
Publisher : Routledge
ISBN 13 : 135126270X
Total Pages : 287 pages
Book Rating : 4.3/5 (512 download)
Download or read book Territorial Designs and International Politics written by Boaz Atzili and published by Routledge. This book was released on 2018-12-07 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Territory is back with a vengeance. Although territorial politics never really went away, it was often perceived that way in public discussion and among scholars. The territorial conflicts of the last several years, however, have raised new academic and policy questions, revived old debates that were nearly forgotten, and forced us to rethink many of our common conceptions. Social scientists broadly agree that territory, as well as the boundaries that confine it and group identity that relates to it, are socially constructed rather than natural or primordial. But how and through which mechanisms is the meaning of territory constructed? By whom? For which purposes and by what tools? Which forces influence such “territorial designs”? How do different territorial designs affect state behavior in particular, and the dynamics of international politics in general? This book brings together political scientists and geographers—both disciplines in which scholars have long researched such questions—to create a mutually fertilizing dialogue, which will advance our understanding of territorial designs. The authors tackle core theoretical questions, institutions and ideas of territoriality, borders, space, place, and identity, as well as the methodologies used to study them. They utilize case studies as far apart as the Ottoman Empire, the colonization of Ireland, and current day Middle East; and they interrogate the characteristics of spaces as different as land, air, and water. The chapters were originally published as a special issue of Territory, Politics, Governance.
