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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... specific paradigm cases, (2) identifying and aggregating the relevant mental states (in the face of the evidentiary problems caused by temporal distance), and (3) establishing the proper social and historical context in which the mental ...
... specific clause of the Constitution. One always interprets the Constitution, with special attention to the role and meaning of a specific clause. As Professor Laurence Tribe has elegantly put it: ''Read in isolation, most of the ...
... specific constitutional authorization. For instance, Representative Samuel Latham Mitchill argued that a power of territorial expansion is ''inherent in independent nations.'' Representative Thomas Sandford similarly argued that because ...
... specific powers over fiscal affairs. The taxing clauses are all in Article I, along with all of the clauses expressly dealing with appropriations or other financial matters.≥Ω It would be nothing short of bizarre if the Constitution ...
... specific enumerations of power found elsewhere in the Constitution. Indeed, those specific enumerations would either have been mere illustrations of the all-encompassing general welfare principle or perhaps exceptions to the ''beyond ...
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The Constitution of Empire: Territorial Expansion and American Legal History Gary Lawson,Guy Seidman No preview available - 2004 |