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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... been addressed to prove that the Constitution delegates such a power . " 19 Similar considerations undermine the slightly subtler arguments put for- ward by other members of Congress that used the presumed 22 Acquiring Territory.
... delegated to the United States by the Constitution , nor prohibited by it to the States , are reserved to the States respectively , or to the people . ” This does not mean that Represen- tatives Nicholson and Randolph were necessarily ...
... delegated power . All of the powers in the Constitution are delegations from the ultimate source of law ( whether one considers it the people or the states is irrelevant for this purpose ) . Many of these grants of power unavoidably ...
... delegated discretionary power is a common - law principle that the eighteenth - century colonists would have found very congenial given its rights - protective and antimonarchical character . It was also familiar to American lawyers ...
... delegated under the American Constitution ? powers In England before the founding , delegated power effectively meant execu- tive power ( which included what we now think of as judicial power ) . The quintessential case of discretion ...
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The Constitution of Empire: Territorial Expansion and American Legal History Gary Lawson,Guy Seidman No preview available - 2004 |