The Insular cases and the emergence of American empire

Author: Bartholomew H. Sparrow
Publisher: Univ Pr of Kansas
ISBN:
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When the United States took control of Cuba, Puerto Rico, the Philippines, and Guam following the Spanish-American War, it was unclear to what degree these islands were actually part of the U.S. and, in particular, whether the Constitution applied fully, or even in part, to their citizens. By looking closely at what became known as the Insular Cases, Bartholomew Sparrow reveals how America resolved to govern these territories. Sparrow follows the Insular Cases from the controversial Downes v. Bidwell in 1901, which concerned tariffs on oranges shipped to New York from Puerto Rico and which introduced the distinction between incorporated and unincorporated territories, to Balzac v. Puerto Rico in 1922, in which the Court decided that Puerto Ricans, although officially U.S. citizens, could be denied trial by jury because Puerto Rico was "unincorporated." There were 35 Insular Cases in all, cases stretching across two decades, cases in which the Court ruled on matters as diverse as tariffs, double jeopardy, and the very meaning of U.S. citizenship as it applied to the inhabitants of the offshore territories. Providing a new look at the history and politics of U.S. expansion at the turn of the twentieth century, Sparrow's book also examines the effect the Court's decisions had on the creation of an American empire. It highlights crucial features surrounding the cases--the influence of racism on the justices, the need for naval stations to protect new international trade, and dramatic changes in tariff policy. It also tells how the Court sanctioned the emergence of two kinds of American empire: formal territories whose inhabitants could be U.S. citizens but still be denied full politicalrights, and an informal empire based on trade, cooperative foreign governments, and U.S. military bases rather than on territorial acquisitions. The Insular Cases and the Emergence of American Empire reveals how the United States handled its first major episode of globalization and how the Supreme Court, in these cases, crucially redirected the course of American history.

The Foundations of the Modern Philippine State

Author: Leia Castañeda Anastacio
Publisher: Cambridge University Press
ISBN: 1316790614
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The US occupation of the Philippine Islands in 1898 began a foundational period of the modern Philippine state. With the adoption of the 1935 Philippine Constitution, the legal conventions for ultimate independence were in place. In this time, American officials and their Filipino elite collaborators established a representative, progressive, yet limited colonial government that would modernize the Philippine Islands through colonial democracy and developmental capitalism. Examining constitutional discourse in American and Philippine government records, academic literature, newspaper and personal accounts, The Foundations of the Modern Philippine State concludes that the promise of America's liberal empire was negated by the imperative of insulating American authority from Filipino political demands. Premised on Filipino incapacity, the colonial constitution weakened the safeguards that shielded liberty from power and unleashed liberalism's latent tyrannical potential in the name of civilization. This forged a constitutional despotism that haunts the Islands to this day.

Does the Constitution Follow the Flag

Author: Kal Raustiala
Publisher: Oxford University Press
ISBN: 0199858179
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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.

Kwajalein Atoll the Marshall Islands and American Policy in the Pacific

Author: Ruth Douglas Currie
Publisher: McFarland
ISBN: 1476626324
Format: PDF, Mobi
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For centuries, the Marshall Islands have been drawn into international politics, primarily because of their central location in Oceania. After World War II they came into the American sphere as part of the Trust Territory of the Pacific Islands. At the outset of the Cold War, the Marshalls were a site for nuclear tests and later for the U.S. Army’s ballistic missile testing as part of President Reagan’s Strategic Defense Initiative. This book focuses on the islanders’ tenacious negotiations for independence and control of their land, accomplished as the Republic of the Marshall Islands in a Compact of Free Association with the U.S. The creation of American policy in the Pacific was a struggle between the U.S. departments of the Interior and State, and the military’s goals for strategic national defense, as illustrated by the case of the Army’s base at Kwajalein Atoll.

Legitimizing Empire

Author: Faye Caronan
Publisher: University of Illinois Press
ISBN: 0252097300
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When the United States acquired the Philippines and Puerto Rico, it reconciled its status as an empire with its anticolonial roots by claiming that it would altruistically establish democratic institutions in its new colonies. Ever since, Filipino and Puerto Rican artists have challenged promises of benevolent assimilation and portray U.S. imperialism as both self-interested and unexceptional among empires. Faye Caronan's examination interprets the pivotal engagement of novels, films, performance poetry, and other cultural productions as both symptoms of and resistance against American military, social, economic, and political incursions. Though the Philippines became an independent nation and Puerto Rico a U.S. commonwealth, both remain subordinate to the United States. Caronan's juxtaposition reveals two different yet simultaneous models of U.S. neocolonial power and contradicts American exceptionalism as a reluctant empire that only accepts colonies for the benefit of the colonized and global welfare. Her analysis, meanwhile, demonstrates how popular culture allows for alternative narratives of U.S. imperialism, but also functions to contain those alternatives.

Foreign in a Domestic Sense

Author: Christina Duffy Burnett
Publisher: Duke University Press
ISBN: 0822381168
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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

Transnational Crossroads

Author: Camilla Fojas
Publisher: U of Nebraska Press
ISBN: 0803240880
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The twentieth century was a time of unprecedented migration and interaction for Asian, Latin American, and Pacific Islander cultures in the Americas and the American Pacific. Some of these ethnic groups already had historic ties, but technology, migration, and globalization during the twentieth century brought them into even closer contact. Transnational Crossroads explores and triangulates for the first time the interactions and contacts among these three cultural groups that were brought together by the expanding American empire from 1867 to 1950. Through a comparative framework, this volume weaves together narratives of U.S. and Spanish empire, globalization, resistance, and identity, as well as social, labor, and political movements. Contributors examine multiethnic celebrities and key figures, migratory paths, cultural productions, and social and political formations among these three groups. Engaging multiple disciplines and methodologies, these studies of Asian American, Latin American, and Pacific Islander cultural interactions explode traditional notions of ethnic studies and introduce new approaches to transnational and comparative studies of the Americas and the American Pacific.

American Colonialism in Puerto Rico

Author: Efrén Rivera Ramos
Publisher: Markus Wiener Publishers
ISBN: 9781558764101
Format: PDF
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Providing a discussion of the complexity of Puerto Rican history and political culture, this text investigates the social reality embodied in the colonial relationship between the US and Mexico.