Does the Constitution Follow the Flag?

Does the Constitution Follow the Flag?
Author: Kal Raustiala
Publisher: Oxford University Press
Total Pages: 326
Release: 2009-06-18
Genre: Law
ISBN: 0199719586

The Bush Administration has notoriously argued that detainees at Guantanamo do not enjoy constitutional rights because they are held outside American borders. But where do rules about territorial legal limits such as this one come from? Why does geography make a difference for what legal rules apply? Most people intuitively understand that location affects constitutional rights, but the legal and political basis for territorial jurisdiction is poorly understood. In this novel and accessible treatment of territoriality in American law and foreign policy, Kal Raustiala begins by tracing the history of the subject from its origins in post-revolutionary America to the Indian wars and overseas imperialism of the 19th century. He then takes the reader through the Cold War and the globalization era before closing with a powerful explanation of America's attempt to increase its extraterritorial power in the post-9/11 world. As American power has grown, our understanding of extraterritorial legal rights has expanded too, and Raustiala illuminates why America's assumptions about sovereignty and territory have changed. Throughout, he focuses on how the legal limits of territorial sovereignty have diminished to accommodate the expanding American empire, and addresses how such limits ought to look in the wake of Iraq, Afghanistan, and the war on terror. A timely and engaging narrative, Does the Constitution Follow the Flag? will change how we think about American territory, American law, and-ultimately-the changing nature of American power.

Does the Constitution Follow the Flag?

Does the Constitution Follow the Flag?
Author: Kal Raustiala
Publisher:
Total Pages: 313
Release: 2020
Genre: Americans
ISBN: 9780197562413

The Bush Administration argued that detainees at Guantanamo should not enjoy constitutional rights because they were held outside American borders. But where do rules about territorial legal limits such as this one come from? Why does geography make a difference for what legal rules apply? The legal and political basis for territorial jurisdiction is poorly understood. In this novel and accessible treatment of territoriality in American law and foreign policy, Raustiala begins by tracing the history of the subject from its origins in post-revolutionary America to the Indian wars and overseas imperialism of the 19th century. He then takes the reader through the Cold War and the globalization era before closing with a powerful explanation of America's attempt to increase its extraterritorial power in the post-9/11 world.

Does the Constitution Follow the Flag?

Does the Constitution Follow the Flag?
Author: Kal Raustiala
Publisher: Oxford University Press
Total Pages: 326
Release: 2011
Genre: History
ISBN: 0199858179

The Bush Administration has notoriously argued that detainees at Guantanamo do not enjoy constitutional rights because they are held outside American borders. But where do rules about territorial legal limits such as this one come from? Why does geography make a difference for what legal rules apply? Most people intuitively understand that location affects constitutional rights, but the legal and political basis for territorial jurisdiction is poorly understood. In this novel and accessible treatment of territoriality in American law and foreign policy, Kal Raustiala begins by tracing the history of the subject from its origins in post-revolutionary America to the Indian wars and overseas imperialism of the 19th century. He then takes the reader through the Cold War and the globalization era before closing with a powerful explanation of America's attempt to increase its extraterritorial power in the post-9/11 world. As American power has grown, our understanding of extraterritorial legal rights has expanded too, and Raustiala illuminates why America's assumptions about sovereignty and territory have changed. Throughout, he focuses on how the legal limits of territorial sovereignty have diminished to accommodate the expanding American empire, and addresses how such limits ought&R to look in the wake of Iraq, Afghanistan, and the war on terror. A timely and engaging narrative, Does the Constitution Follow the Flag? will change how we think about American territory, American law, and-ultimately-the changing nature of American power.

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.

Strangers to the Constitution

Strangers to the Constitution
Author: Gerald L. Neuman
Publisher: Princeton University Press
Total Pages: 297
Release: 2010-07-01
Genre: Law
ISBN: 1400821959

Gerald Neuman discusses in historical and contemporary terms the repeated efforts of U.S. insiders to claim the Constitution as their exclusive property and to deny constitutional rights to aliens and immigrants--and even citizens if they are outside the nation's borders. Tracing such efforts from the debates over the Alien and Sedition Acts in 1798 to present-day controversies about illegal aliens and their children, the author argues that no human being subject to the governance of the United States should be a "stranger to the Constitution." Thus, whenever the government asserts its power to impose obligations on individuals, it brings them within the constitutional system and should afford them constitutional rights. In Neuman's view, this mutuality of obligation is the most persuasive approach to extending constitutional rights extraterritorially to all U.S. citizens and to those aliens on whom the United States seeks to impose legal responsibilities. Examining both mutuality and more flexible theories, Neuman defends some constitutional constraints on immigration and deportation policies and argues that the political rights of aliens need not exclude suffrage. Finally, in regard to whether children born in the United States to illegally present alien parents should be U.S. citizens, he concludes that the Constitution's traditional shield against the emergence of a hereditary caste of "illegals" should be vigilantly preserved.

Capture the Flag

Capture the Flag
Author: Arnaldo Testi
Publisher: NYU Press
Total Pages: 176
Release: 2010-06
Genre: History
ISBN: 0814783228

Now an acclaimed European professor of American history brings a fresh perspective to the American flag, exploring its political, social, and cultural significance across the broad swath of its history. Mining a rich vein of materials from history, literature, music, and popular culture, Arnaldo Testi analyzes the symbolic importance of the flag to the national consciousness of this "nation of immigrants" and sees in it the very contradictions that make up our history: secularism and sacredness, freedom and empire, inclusiveness and aggressive self-confidence.

The Three Branches

The Three Branches
Author: Christoph Möllers
Publisher: Oxford University Press
Total Pages: 275
Release: 2013-03-14
Genre: Law
ISBN: 0199602115

The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops a new, comprehensive, and systematic account of the principle. It then applies this new concept to legal problems of different national constitutional orders, the law of the European Union, and international institutional law. It connects an argument from normative political theory with phenomena taken from comparative constitutional law. The book argues that the conflict between individual liberty and democratic self-determination that is characteristic of modern constitutionalism is proceduralized through the establishment of different governmental branches. A close analysis of the relation between individual and collective autonomy on the one hand and the ways lawmaking through public institutions can be established on the other hand helps us identify criteria for determining how legislative, administrative, and judicial lawmaking can be distinguished and should be organized. These criteria define a common ground in the confusing variety of western constitutional traditions and their diverse use of the notion of separated powers. They also enable us to establish a normative framework that throws a fresh perspective on problems of constitutional law in different constitutional systems: constitutional judicial review of legislation, limits of legislative delegation, parliamentary control of the executive, and standing. Linking arguments from comparative constitutional law and international law, the book then uses this framework to offer a new perspective on the debate on constitutionalism beyond the state. The concept permits certain institutional insights of the constitutional experiences within states to be applied at the international level without falling into any form of methodological nationalism.

How Constitutional Rights Matter

How Constitutional Rights Matter
Author: Adam Chilton
Publisher: Oxford University Press, USA
Total Pages: 397
Release: 2020
Genre: Law
ISBN: 0190871458

Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.

Capture the Flag

Capture the Flag
Author: Woden Teachout
Publisher: Basic Books
Total Pages: 276
Release: 2009-05-26
Genre: History
ISBN: 0786744766

Americans honor the flag with a fervor seen in few other countries: The Stars and Stripes decorate American homes and businesses; wave over sports events and funerals; and embellish everything from politicians' lapels to the surface of the moon. But what does the flag mean? In Capture the Flag, historian Woden Teachout reveals that it has held vastly different meanings over time. It has been claimed by both the right and left; by racists and revolutionaries; by immigrants and nativists. In tracing the political history of the flag from its origins in the American Revolution through the present day, Teachout demonstrates that the shifting symbolism of the flag reveals a broader shift in the definition of American patriotism. A story of a nation in search of itself, Capture the Flag offers a probing account of the flag that has become America's icon.