Does The Constitution Follow The Flag

Author: Kal Raustiala
Publisher: Oxford University Press
ISBN: 0199858179
Size: 25.15 MB
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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 ...

Guarding The Golden Door

Author: Roger Daniels
Publisher: Hill and Wang
ISBN: 1466806850
Size: 12.83 MB
Format: PDF, ePub, Docs
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Each of them was treated quite differently as far as citizenship, and thus
immigration, was concerned.31 A national debate about whether the Constitution
and the Bill of Rights would prevail in the conquered territory attended the birth of
America's overseas empire. A popular form of the question was, “Does the
Constitution follow the flag?” In language often punctuated by racist rhetoricl the
Supreme Court ruled that it did not in a series of fourteen separate decisions,
usually referred to ...

American Story Volume 2 Since 1865

Author: CTI Reviews
Publisher: Cram101 Textbook Reviews
ISBN: 1478438401
Size: 78.79 MB
Format: PDF, Kindle
View: 3656
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Bidwell,182 U.S. 244(1901),wasa case inwhich the United StatesSupreme Court
decidedwhether United States territories were subject to the provisions and
protections ofthe UnitedStates Constitution.This questionis sometimes stated as'
does the Constitution follow the flag?'. The resulting decision narrowly held that
the U.S. Constitution did not necessarilyapply toterritories. Foraker The Foraker
Act,Pub.L. 56191,31Stat. 77, enacted April12, 1900, officially known as the
OrganicAct of ...

Theodore Roosevelt American Politician

Author: David Henry Burton
Publisher: Fairleigh Dickinson Univ Press
ISBN: 9780838637272
Size: 11.92 MB
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For example, possession of the Philippine Islands on what promised to be a long-
term basis gave rise to the question: does the Constitution follow the flag?, an
issue that would land squarely in the lap of the court. Indeed, the presidential
election of 1900 included the larger, fundamental issue of imperialism: yes or no?
Toward the close of Roosevelt's life the United States would become involved in
the ultimate power struggle among the nation states. If Wilson's policy of
neutrality did ...

International Law In The U S Supreme Court

Author: David L. Sloss
Publisher: Cambridge University Press
ISBN: 1139497863
Size: 32.43 MB
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... Does the Constitution Follow the Flag? (2009); Sarah Cleveland, Powers
Inherent in Sovereignty: Indians, Aliens, Territories, and the Nineteenth-Century
Origins of Plenary Power over Foreign Relations, 81 Tex. L. Rev. 1 (2002); Martin
Flaherty, The Future and Past of U.S. Foreign Affairs Law, 67 Law & Contemp.
Probs. 169 (2004); David Golove, The Framers' Understanding of Originalism
and International Law, 11 Chap. L. Rev. 307 (2008); David Golove, Military
Tribunals, ...

Journal Of The Civil War Era

Author: William A. Blair
Publisher: UNC Press Books
ISBN: 1469608987
Size: 53.17 MB
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In effect, the federal state had to confront a question that arose there as well as in
imagined imperial moves against Cuba and “All Mexico” during the 1840s and
1850s, and would come up in connection with the Spanish–American War in
1898: does the Constitution follow the flag, and, if so, how? The populations in
the southwest were, in the view of many officials and observers, a “foreign people
” speaking an “alien language” who were not “Americans.” Albert Beveridge,
chair of the ...

Theodore Roosevelt And World Order

Author: James R. Holmes
Publisher: Potomac Books, Inc.
ISBN: 1574888838
Size: 63.55 MB
Format: PDF, Docs
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How did the McKinley and Roosevelt administrations justify annexing foreign soil
and, in the case of the Philippines, waging a sanguinary military campaign to put
down the indigenous resistance? Could the police power be extended wholesale
to territories won by right of conquest? Did the Constitution follow the flag, as the
antiimperialists insisted? In its famous series of rulings in the 1901 “Insular Cases
,” the U.S. Supreme Court somewhat tepidly endorsed the imperialist position ...

The Objectives Of The Constitution Of The United States

Author: William Henry George
Publisher:
ISBN:
Size: 73.54 MB
Format: PDF
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As to the District of Columbia, the Supreme Court has held that it "is a separate
political community in a certain sense, and in that sense may be called a state
whose sovereign power is lodged in the Government of the United States; but it is
not strictly a state within the meaning of that term as used in the Constitution. The
inhabitants ot the District are not citizens of a state." CONSTITUTION DOES NOT
FOLLOW THE FLAG Does the Constitution apply in its full force and effect to
every ...

Occasional Papers

Author:
Publisher:
ISBN:
Size: 44.72 MB
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CONSTITUTION DOES NOT FOLLOW THE FLAG Does the Constitution apply in
its full force and effect to every part of this far-flung empire? That was the question
which was raised at the time of expansion as a result of the Spanish-American
war. The flag had gone into far corners of the earth; did the Constitution follow the
flag? After much debate and long legal reasoning cn the part of the Supreme
Court it was decided by a five-to-four decision that the Constitution did not follow
the ...