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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... existing states . There are two clauses that obviously concern governance of federal territory : one grants to Congress power " [ t ] o exercise exclusive Legislation in all Cases whatsoever " over the nation's capital and federal ...
... existing Govern- ment competent to make such an acquisition . ” 21 These are not valid arguments in the context of the federal Constitution . The limited government of the United States might well lack certain powers pos- sessed by ...
... existing under- standings ) constitutionally regulate that subject under any of the enumerated Article I legislative powers . 59 In the wake of Holland , the relation between the treaty power and Congress's legislative powers was the ...
... existing shall think proper to admit , shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight . " 86 This provision was specifically exempted from the Article V amendment pro- cess until its own ...
... existing law , not to create new law . The " executive Power , " despite its tex- tually unqualified nature , is an implementational power . We can now understand how the Treaty Clause can be implementational even in the absence of the ...
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The Constitution of Empire: Territorial Expansion and American Legal History Gary Lawson,Guy Seidman No preview available - 2004 |