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.

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.

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.

Political Status of Puerto Rico

Political Status of Puerto Rico
Author: Keith Bea
Publisher: DIANE Publishing
Total Pages: 54
Release: 2010-10
Genre: Political Science
ISBN: 1437934307

Contents: (1) Recent Developments: 111th, 110th, 109th Congress; Non-Congress. Developments; (2) Background: Early Governance of Puerto Rico (PR); Development of the Const. of PR; Fed. Relations Act; Internat. Attention; Supreme Court Decisions; (3) Status Debates and Votes, 1952-1998: 1967 Plebiscite; 1991 Referendum; 1993 Plebiscite; 1998 Action in the 105th Cong.; 1998 Plebiscite; (4) Fed. Activity After 1998; (5) Issues of Debate on Political Status. Appendices: (A) Brief Chronology of Status Events Since 1898; (B) Puerto Rico Status Votes in Plebiscites and Referenda, 1967-1998; (C)Congress. Activity on Puerto Rico¿s Political Status, 1989-1998; (D) Summary of Legislative Debates and Actions. Tables.

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.

Living Originalism

Living Originalism
Author: Jack M. Balkin
Publisher: Harvard University Press
Total Pages: 481
Release: 2011-11-29
Genre: Law
ISBN: 0674063031

Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.

Puerto Rico’s Constitutional Paradox

Puerto Rico’s Constitutional Paradox
Author: Jorge M Farinacci-Fernós
Publisher: Bloomsbury Publishing
Total Pages: 211
Release: 2023-02-23
Genre: Law
ISBN: 1509953485

This book explains how the People of Puerto Rico managed to adopt a constitution whose content and process were both original and colonialist, participatory and undemocratic, as well as progressive and anticlimactic. It looks in detail at the rich contradictions of the Puerto Rican constitutional experience, focusing on the history and content of the 1952 Constitution. This constitution is the only constitutional document written by the Puerto Rican People themselves after more than 500 years of Spanish and US colonialism. By exploring Puerto Rico's unique history and constitutional experience the book shines a spotlight on key emerging themes of comparative constitutional studies in this area: state constitutionalism, the persistence of colonial relationships in the Caribbean, and the continued development of constitutionalism in Latin America. The book delves deep into the particular experience of Puerto Rican constitutionalism which combines elements of colonialism, democratic tensions, and progressive policies. It explains how these features converge in a constitutional project that has endured for 70 years and continues its contradictory development. It considers issues such as the island's colonial history, including its conflicting relationship with democratic values and the constant presence of social movements and their struggles. It also explores the content of the 1952 Constitution, focusing on its progressive substantive policy, particularly its rights provisions, its amendment procedures, and the governmental structure it set up.

The Second Creation

The Second Creation
Author: Jonathan Gienapp
Publisher: Belknap Press
Total Pages: 465
Release: 2018-10-09
Genre: History
ISBN: 0674185048

A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation. When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning unclear, but so too was its essential nature. Was the American Constitution a written text, or something else? Was it a legal text? Was it finished or unfinished? What rules would guide its interpretation? Who would adjudicate competing readings? As political leaders put the Constitution to work, none of these questions had answers. Through vigorous debates they confronted the document’s uncertainty, and—over time—how these leaders imagined the Constitution radically changed. They had begun trying to fix, or resolve, an imperfect document, but they ended up fixing, or cementing, a very particular notion of the Constitution as a distinctively textual and historical artifact circumscribed in space and time. This means that some of the Constitution’s most definitive characteristics, ones which are often treated as innate, were only added later and were thus contingent and optional.

Originalism and the Good Constitution

Originalism and the Good Constitution
Author: John O. McGinnis
Publisher: Harvard University Press
Total Pages: 377
Release: 2013-11-01
Genre: Law
ISBN: 0674727363

Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities—both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can following the original meaning be justified, given that African Americans and women were excluded from the enactment of the Constitution in 1787 and many of its subsequent Amendments? What is originalism’s place in interpretation of the Constitution, when after two hundred years there is so much non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, which is now the most prominent theory of constitutional interpretation.