The Oxford Handbook of Caribbean Constitutions

The Oxford Handbook of Caribbean Constitutions
Author: Richard Albert
Publisher:
Total Pages: 753
Release: 2020
Genre: Law
ISBN: 0198793049

A first-of-its-kind resource studying the operation of constitutional law across the entire Caribbean, embracing the linguistic, political, and cultural diversity of the region, Each jurisdictional chapter shares a common format and structure to aid comparison between different jurisdictions, Contributors from a variety of different disciplines-law, history, and political science-provide a range of perspectives on the study of the region's constitutions Book jacket.

Foreign in a Domestic Sense

Foreign in a Domestic Sense
Author: Christina Duffy Burnett
Publisher: Duke University Press
Total Pages: 440
Release: 2001-07-20
Genre: Law
ISBN: 0822381168

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

Almost Citizens

Almost Citizens
Author: Sam Erman
Publisher: Cambridge University Press
Total Pages: 293
Release: 2019
Genre: History
ISBN: 1108415490

Tells the tragic story of Puerto Ricans who sought the post-Civil War regime of citizenship, rights, and statehood but instead received racist imperial governance.

Reconsidering the Insular Cases

Reconsidering the Insular Cases
Author: Gerald L. Neuman
Publisher: Harvard University Press
Total Pages: 233
Release: 2015-05-25
Genre: History
ISBN: 0979639573

Over a century ago the United States Supreme Court decided the “Insular Cases,” which limited the applicability of constitutional rights in Puerto Rico and other overseas territories. Essays in Reconsidering the Insular Cases examine the history and legacy of these cases and explore possible solutions for the dilemmas they created.

Borderline Citizens

Borderline Citizens
Author: Robert C. McGreevey
Publisher: Cornell University Press
Total Pages: 350
Release: 2018-09-15
Genre: History
ISBN: 1501716158

Borderline Citizens explores the intersection of U.S. colonial power and Puerto Rican migration. Robert C. McGreevey examines a series of confrontations in the early decades of the twentieth century between colonial migrants seeking work and citizenship in the metropole and various groups—employers, colonial officials, court officers, and labor leaders—policing the borders of the U.S. economy and polity. Borderline Citizens deftly shows the dynamic and contested meaning of American citizenship. At a time when colonial officials sought to limit citizenship through the definition of Puerto Rico as a U.S. territory, Puerto Ricans tested the boundaries of colonial law when they migrated to California, Arizona, New York, and other states on the mainland. The conflicts and legal challenges created when Puerto Ricans migrated to the U.S. mainland thus serve, McGreevey argues, as essential, if overlooked, evidence crucial to understanding U.S. empire and citizenship. McGreevey demonstrates the value of an imperial approach to the history of migration. Drawing attention to the legal claims migrants made on the mainland, he highlights the agency of Puerto Rican migrants and the efficacy of their efforts to find an economic, political, and legal home in the United States. At the same time, Borderline Citizens demonstrates how colonial institutions shaped migration streams through a series of changing colonial legal categories that tracked alongside corporate and government demands for labor mobility. McGreevey describes a history shaped as much by the force of U.S. power overseas as by the claims of colonial migrants within the United States.

The Puerto Rico Constitution

The Puerto Rico Constitution
Author: Rafael Cox-Alomar
Publisher: Oxford University Press
Total Pages: 305
Release: 2022-12-27
Genre: Law
ISBN: 0190461268

The only book of its kind in the English language, this is the first volume of the Oxford Commentaries on the State Constitutions of the United States to explore the constitution of a U.S. territory: Puerto Rico. The first half of the volume unearths the island's constitutional history from the days of Spanish colonization in the 16th century, through to Congress' enactment in 2016 of the Puerto Rico Oversight, Management and Economic Stability Act (PROMESA). Professor Cox Alomar offers a careful analysis of the most recent decisions of the U.S. Supreme Court implicating Puerto Rico, Sánchez Valle (2016), Franklin Trust (2016), Aurelius (2020) and Vaello Madero (2022). The second half of this volume provides an in-depth analysis of each of the provisions incorporated by the Puerto Rican framers to the 1952 Constitution, still in full force today. Commentary is provided on each of these constitutional provisions in light of the most recent decisions of the Puerto Rico Supreme Court. The volume examines the interaction between the Puerto Rico Supreme Court and the U.S. Supreme Court, as well as the complex relationship between Puerto Rico and the political branches in Washington. This book is a timely companion in one of the more complex, yet transformative periods in Puerto Rico's constitutional life.

Puerto Rico in the American Century

Puerto Rico in the American Century
Author: César J. Ayala
Publisher: Univ of North Carolina Press
Total Pages: 447
Release: 2009-06-23
Genre: History
ISBN: 0807895539

Offering a comprehensive overview of Puerto Rico's history and evolution since the installation of U.S. rule, Cesar Ayala and Rafael Bernabe connect the island's economic, political, cultural, and social past. Puerto Rico in the American Century explores Puerto Ricans in the diaspora as well as the island residents, who experience an unusual and daily conundrum: they consider themselves a distinct people but are part of the American political system; they have U.S. citizenship but are not represented in the U.S. Congress; and they live on land that is neither independent nor part of the United States. Highlighting both well-known and forgotten figures from Puerto Rican history, Ayala and Bernabe discuss a wide range of topics, including literary and cultural debates and social and labor struggles that previous histories have neglected. Although the island's political economy remains dependent on the United States, the authors also discuss Puerto Rico's situation in light of world economies. Ayala and Bernabe argue that the inability of Puerto Rico to shake its colonial legacy reveals the limits of free-market capitalism, a break from which would require a renewal of the long tradition of labor and social activism in Puerto Rico in connection with similar currents in the United States.

Puerto Rico Constitution

Puerto Rico Constitution
Author: United States. Congress. House. Committee on Interior and Insular Affairs
Publisher:
Total Pages: 204
Release: 1950
Genre: Puerto Rico
ISBN:

Semblances of Sovereignty

Semblances of Sovereignty
Author: T. Alexander Aleinikoff
Publisher: Harvard University Press
Total Pages: 321
Release: 2009-07-01
Genre: Law
ISBN: 0674020154

In a set of cases decided at the end of the nineteenth century, the Supreme Court declared that Congress had "plenary power" to regulate immigration, Indian tribes, and newly acquired territories. Not coincidentally, the groups subject to Congress' plenary power were primarily nonwhite and generally perceived as "uncivilized." The Court left Congress free to craft policies of assimilation, exclusion, paternalism, and domination. Despite dramatic shifts in constitutional law in the twentieth century, the plenary power case decisions remain largely the controlling law. The Warren Court, widely recognized for its dedication to individual rights, focused on ensuring "full and equal citizenship"--an agenda that utterly neglected immigrants, tribes, and residents of the territories. The Rehnquist Court has appropriated the Warren Court's rhetoric of citizenship, but has used it to strike down policies that support diversity and the sovereignty of Indian tribes. Attuned to the demands of a new century, the author argues for abandonment of the plenary power cases, and for more flexible conceptions of sovereignty and citizenship. The federal government ought to negotiate compacts with Indian tribes and the territories that affirm more durable forms of self-government. Citizenship should be "decentered," understood as a commitment to an intergenerational national project, not a basis for denying rights to immigrants.