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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... claim to Oregon , and statutory annexation , which was employed to add Texas and Hawaii to the nation . The latter method proves to be easily constitutional . The former is more problematic , especially if the executive is left to its ...
... Claims of the United States , or of any particular State . ” The phrase “ all needful Rules and Regulations " clearly authorizes Congress to govern land held by the United States . It also clearly authorizes Congress to regulate the use ...
... , we certainly do not claim that we were led to our view by the weight of historical evidence . To the contrary , the view is dis- tinctly antihistorical in most important respects . Textually , the 40 Acquiring Territory.
... claim : the Sweeping Clause expressly says that it permits only laws that “ carry into Execution " other federal powers , while the Treaty Clause contains no such restriction . How could there possibly be stronger intratextual evidence ...
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The Constitution of Empire: Territorial Expansion and American Legal History Gary Lawson,Guy Seidman No preview available - 2004 |