Download Does the Constitution Follow the Flag?: The Evolution of by Kal Raustiala PDF

By Kal Raustiala

The Bush management has notoriously argued that detainees at Guantanamo don't get pleasure from constitutional rights simply because they're held outdoors American borders. yet the place do ideas approximately territorial criminal limits resembling this one come from? Why does geography make a distinction for what criminal principles observe? most folk intuitively take into account that situation impacts constitutional rights, however the felony and political foundation for territorial jurisdiction is poorly understood. during this novel and obtainable remedy of territoriality in American legislations and overseas coverage, Kal Raustiala starts off through tracing the background of the topic from its origins in post-revolutionary the USA to the Indian wars and abroad imperialism of the nineteenth century. He then takes the reader throughout the chilly warfare and the globalization period ahead of remaining with a robust rationalization of America's try to raise its extraterritorial strength within the post-9/11 global. As American strength has grown, our knowing of extraterritorial criminal rights has elevated too, and Raustiala illuminates why America's assumptions approximately sovereignty and territory have replaced. all through, he specializes in how the criminal limits of territorial sovereignty have decreased to house the increasing American empire, and addresses how such limits should glance within the wake of Iraq, Afghanistan, and the warfare on terror. A well timed and fascinating narrative, Does the structure persist with the Flag? will swap how we predict approximately American territory, American legislations, and-ultimately-the altering nature of yank energy.

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Extra resources for Does the Constitution Follow the Flag?: The Evolution of Territoriality in American Law

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6 As this passage suggests, at the time it was thought by some that each of the thirteen colonies was an individual sovereign state, though in general, as in the Treaty of Paris itself, the discrete colonies let the central government handle foreign affairs. ’’) Among themselves, however, the colonies placed great importance on their independence from one another. ’’8 Hamilton was probably right. After the dismal experience of the Articles of Confederation, in which each colony had substantial autonomy and the central government only quite limited and feeble powers, the 1789 Constitution was drafted.

The best known is the use of international institutions. 67 States bargained over shared rules, replacing heterogeneity with some measure of homogeneity. 68 These two forms of postwar difference management—treaties and networks—have been widely studied and analyzed. What is less commonly acknowledged is that extraterritoriality is, mutatis mutandis, a third strategy. Though dead in its traditional form of extraterritorial jurisdiction in uncivilized nations, extraterritoriality reappeared in the postwar world in two new guises, both developed and employed extensively by the United States.

In the infamous antebellum case of Dred Scott the Supreme Court declared that constitutional rights, including the right to property, followed the flag into any and all American territories. ) Many earlier cases, however, had suggested otherwise, and by the post–Spanish-American War Insular Cases—the series of decisions by the Supreme Court in the early twentieth century regarding Puerto Rico, the Philippines and other distant island possessions—the Court had rejected the reasoning of Dred Scott in favor of a ‘‘fundamental rights’’ approach.

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