Foreign in a Domestic Sense: Puerto Rico, American Expansion, and the ConstitutionChristina Duffy Burnett, Burke Marshall Duke University Press, 2001 M07 20 - 439 pages In this groundbreaking study of American imperialism, leading legal scholars address the problem of the U.S. territories. Foreign in a Domestic Sense will redefine the boundaries of constitutional scholarship. More than four million U.S. citizens currently live in five “unincorporated” U.S. territories. The inhabitants of these vestiges of an American empire are denied full representation in Congress and cannot vote in presidential elections. Focusing on Puerto Rico, the largest and most populous of the territories, Foreign in a Domestic Sense sheds much-needed light on the United States’ unfinished colonial experiment and its legacy of racially rooted imperialism, while insisting on the centrality of these “marginal” regions in any serious treatment of American constitutional history. For one hundred years, Puerto Ricans have struggled to define their place in a nation that neither wants them nor wants to let them go. They are caught in a debate too politicized to yield meaningful answers. Meanwhile, doubts concerning the constitutionality of keeping colonies have languished on the margins of mainstream scholarship, overlooked by scholars outside the island and ignored by the nation at large. This book does more than simply fill a glaring omission in the study of race, cultural identity, and the Constitution; it also makes a crucial contribution to the study of American federalism, serves as a foundation for substantive debate on Puerto Rico’s status, and meets an urgent need for dialogue on territorial status between the mainlandd and the territories. Contributors. José Julián Álvarez González, Roberto Aponte Toro, Christina Duffy Burnett, José A. Cabranes, Sanford Levinson, Burke Marshall, Gerald L. Neuman, Angel R. Oquendo, Juan Perea, Efrén Rivera Ramos, Rogers M. Smith, E. Robert Statham Jr., Brook Thomas, Richard Thornburgh, Juan R. Torruella, José Trías Monge, Mark Tushnet, Mark Weiner |
Contents
| 1 | |
I HISTORY AND EXPANSION | 37 |
II EXPANSION AND CONSTITUTION | 119 |
III CONSTITUTION AND MEMBERSHIP | 207 |
IV MEMBERSHIP AND RECOGNITION | 287 |
Notes on Contributors | 393 |
Index | 395 |
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Common terms and phrases
Abbott Lawrence Lowell aliens Amendment American Anglo-Saxon apply argued argument authority Balzac Bidwell Cabranes century civil claim colonial Commonwealth of Puerto commonwealth status Cong Congress congressional conquest consent constitutional law debate decision dissenting doctrine domestic empire English essay ethno-juridical Foraker Act foreign fundamental Harlan Harvard Law Review Ibid imperial incorporation independence Indians inhabitants Insular island issue José Justice Brown language legislation liberal Lodge Lowell Mari Brás ment Mexicans Mexico national culture opinion partial members partial membership Philippines political status Porto principles Puerto Rican citizenship Puerto Rican national Puerto Rico question race racial racism regarding residents Rivera Ramos self-determination self-government Senate sess sovereign sovereignty Spanish Spanish-American Spanish-American War statehood status of Puerto supra note Supreme Court Territorial Clause theory tion tional Torruella Trías Monge U.S. citizens U.S. citizenship U.S. Constitution U.S. Statutes U.S. Supreme Court unincorporated territories Union United States Constitution vote White