The Constitution of Empire: Territorial Expansion and American Legal HistoryYale University Press, 2008 M10 1 - 288 pages 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. |
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... Justice John Marshall declared for a unanimous Supreme Court that " [ t ] he Constitution confers absolutely on the government of the Union , the powers of making war , and of making treaties ; consequently , that government possesses ...
... Justice Marshall twenty - five years later . But Representative Nicholson concluded that these enumerated consti- tutional powers must include a power of territorial acquisition because “ [ t ] he right must exist somewhere . It is ...
... Justice's power to preside over presidential impeachments ) .70 Although Jefferson's implementational conception of the Treaty Clause has never garnered wide support , it has also proved to be irrepressible . Every half century or so ...
... Justice Marshall agreed with the latter . 123 There are good intratextual reasons for rejecting the strict necessity standard , 124 though that does not inevitably lead to the latitudinarian position adopted by Chief Justice Marshall ...
... justice was for countenancing those proceedings . The pretence for which arbitrary measures was not other than the tyrant's plea , of the necessity of unlimited powers in words of evident utility to the public , the supreme reason above ...
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The Constitution of Empire: Territorial Expansion and American Legal History Gary Lawson,Guy Seidman No preview available - 2004 |