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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... structural principles , such as the separation of powers or federalism , control the forms of acquisition and ... structure , and principles . As with so many problems encountered when expounding the Con- stitution , the problems ...
... structural and prohibi- tory limitations that apply to federal power in other contexts. Most signifi- cantly, those limitations place obstacles in the path of institutions of self- governance during the territorial phase. As we will ...
... structures that may be es- tablished in the territories . It demonstrates that some familiar institutions of territorial self - government , such as elected territorial legislatures and gover- nors , are unconstitutional , although the ...
... structure and documentary character . By " textual structure ” we mean the text , organization , and context of the document considered as a whole . One never interprets a specific clause of the Constitution . One always interprets the ...
... structure , or history . Textually , the General Welfare Clause reads as a limitation on the power to tax rather than as a grant of power : taxes and duties may be levied only to pay the debts and provide for the common defense and ...
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The Constitution of Empire: Territorial Expansion and American Legal History Gary Lawson,Guy Seidman No preview available - 2004 |