Foreign in a Domestic Sense: Puerto Rico, American Expansion, and the Constitution

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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

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About the author

Christina Duffy Burnett is a law clerk in the U.S. Court of Appeals for the Second Circuit and is currently Research Associate in the Program in Law and Public Affairs at Princeton University.

Burke Marshall is Nicholas deB. Katzenbach Professor of Law and George W. Crawford Professorial Lecturer in Law, Emeritus, at Yale Law School. Among numerous honors and accomplishments, he served as Assistant Attorney General in the Civil Rights Division of the U.S. Department of Justice from 1961–1965 and is the author of Federalism and Civil Rights.

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Additional Information

Publisher
Duke University Press
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Published on
Jul 20, 2001
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Pages
439
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ISBN
9780822381167
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Language
English
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Genres
History / Latin America / General
Law / Constitutional
Political Science / International Relations / General
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Content Protection
This content is DRM protected.
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Eligible for Family Library

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In 1987, E.L. Doctorow celebrated the Constitution's bicentennial by reading it. "It is five thousand words long but reads like fifty thousand," he said. Distinguished legal scholar Garrett Epps--himself an award-winning novelist--disagrees. It's about 7,500 words. And Doctorow "missed a good deal of high rhetoric, many literary tropes, and even a trace of, if not wit, at least irony," he writes. Americans may venerate the Constitution, "but all too seldom is it read." In American Epic, Epps takes us through a complete reading of the Constitution--even the "boring" parts--to achieve an appreciation of its power and a holistic understanding of what it says. In this book he seeks not to provide a definitive interpretation, but to listen to the language and ponder its meaning. He draws on four modes of reading: scriptural, legal, lyric, and epic. The Constitution's first three words, for example, sound spiritual--but Epps finds them to be more aspirational than prayer-like. "Prayers are addressed to someone . . . either an earthly king or a divine lord, and great care is taken to name the addressee. . . . This does the reverse. The speaker is 'the people,' the words addressed to the world at large." He turns the Second Amendment into a poem to illuminate its ambiguity. He notices oddities and omissions. The Constitution lays out rules for presidential appointment of officers, for example, but not removal. Should the Senate approve each firing? Can it withdraw its "advice and consent" and force a resignation? And he challenges himself, as seen in his surprising discussion of the Defense of Marriage Act (DOMA) in light of Article 4, which orders states to give "full faith and credit" to the acts of other states. Wry, original, and surprising, American Epic is a scholarly and literary tour de force.
"This work is an epic produced by amazing intellectual energy. It will be of unique present interest and a wonderful gift to posterity."
--Hon. John P. Flaherty, associate justice (1979-1996), chief justice (1996-2001), Supreme Court of Pennsylvania

A restatement and rediscovery of the intended meaning of the United States Constitution, this exhaustive volume closely examines the document as originally framed in 1787, implemented in 1789, and amended in 1791, 1798, and 1804. Tracing each provision of the Constitution and its first twelve amendments to its basic roots, John Remington Graham presents a focused yet comprehensive reading of the document, exposing its true legal meaning in a manner never done before.

Based on centuries of human experience and legal tradition, the intended meaning of the Constitution has a substantive content that must endure, Graham argues, despite fluctuating judicial interpretations. For good reason, the Framers of the Constitution wanted to assure that judges would resolve disputes upon established principles of law and not legislate from the bench; that responsibility for maintaining the Constitution would be shared as well by the executive and legislative branches of government; and that legal equilibrium across the country would be achieved by prudent distribution of power between the Union and the States.

Uniquely, the book considers the founding fathers of the United States, including George Washington, Alexander Hamilton, Benjamin Franklin, Thomas Jefferson, James Madison, and George Mason, alongside the reigning princes of Europe (Louis XVI and George III)-formidable figures who deeply influenced the fledgling republic. Presenting the immutable and timeless features of the Constitution as it was originally intended and given to posterity, this consummate work is a true treasure of American scholarship, timeless as the magnificent document it deftly illuminates.

This treatise was the first comprehensive study of the United States Constitution, and one of the most important. Originally published: Philadelphia: Philip H. Nicklin, 1829. viii, 349 pp. Though concise, Rawle provides a systematic analysis of the Constitution's articles, as well as its historical background and philosophy. It is also a historically significant work because it suggests that states have a right to secede from the Union. A popular textbook used in schools with large numbers of southern pupils, such as the U.S. Military Academy, it and is generally considered to have influenced the leaders and supporters of the Confederacy).

"Though admittedly a valuable and able study, Rawle's View of the Constitution stirred up controversy. Rawle himself was a Federalist, but his studies in government had led him to the judgment that the Union was not irrevocable. His final chapter on "The Union" includes a detailed statement that the right of secession was necessary to the fundamental right of a people to choose their own form of government. (. . .) In several ways, Rawle may be considered as providing the transitional step between the North and the South. His View was published midway between the inauguration of the Federal Government and the outbreak of the War Between the States." --Elizabeth Kelley Bauer, Commentaries on the Constitution, 1790-1860 63).

WILLIAM RAWLE [1759-1836] was a pillar of Pennsylvania's legal establishment and a highly regarded attorney and educator. In 1791 President George Washington appointed him the U.S. district attorney for Pennsylvania. In 1830 Rawle helped revise the civil code of Pennsylvania.

Reclaiming the Political in Latin American History is a collection that embraces a new social and cultural history of Latin America that is not divorced from politics and other arenas of power. True to the intellectual vision of Brazilian historian Emilia Viotti da Costa, one of Latin America’s most distinguished scholars, the contributors actively revisit the political—as both a theme of historical analysis and a stance for historical practice—to investigate the ways in which power, agency, and Latin American identity have been transformed over the past few decades.
Taking careful stock of the state of historical writing on Latin America, the volume delineates current historiographical frontiers and suggests a series of new approaches that focus on several pivotal themes: the construction of historical narratives and memory; the articulation of class, race, gender, sexuality, and generation; and the historian’s involvement in the making of history. Although the book represents a view of the Latin American political that comes primarily from the North, the influence of Viotti da Costa powerfully marks the contributors’ engagement with Latin America’s past. Featuring a keynote essay by Viotti da Costa herself, the volume’s lively North-South encounter embodies incipient trends of hemispheric intellectual convergence.

Contributors. Jeffrey L. Gould, Greg Grandin, Daniel James, Gilbert M. Joseph, Thomas Miller Klubock, Mary Ann Mahony, Florencia E. Mallon, Diana Paton, Steve J. Stern, Heidi Tinsman, Emilia Viotti da Costa, Barbara Weinstein
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.
Latin America experienced an epochal cycle of revolutionary upheavals and insurgencies during the twentieth century, from the Mexican Revolution of 1910 through the mobilizations and terror in Central America, the Southern Cone, and the Andes during the 1970s and 1980s. In his introduction to A Century of Revolution, Greg Grandin argues that the dynamics of political violence and terror in Latin America are so recognizable in their enforcement of domination, their generation and maintenance of social exclusion, and their propulsion of historical change, that historians have tended to take them for granted, leaving unexamined important questions regarding their form and meaning. The essays in this groundbreaking collection take up these questions, providing a sociologically and historically nuanced view of the ideological hardening and accelerated polarization that marked Latin America’s twentieth century. Attentive to the interplay among overlapping local, regional, national, and international fields of power, the contributors focus on the dialectical relations between revolutionary and counterrevolutionary processes and their unfolding in the context of U.S. hemispheric and global hegemony. Through their fine-grained analyses of events in Chile, Colombia, Cuba, El Salvador, Guatemala, Mexico, Nicaragua, and Peru, they suggest a framework for interpreting the experiential nature of political violence while also analyzing its historical causes and consequences. In so doing, they set a new agenda for the study of revolutionary change and political violence in twentieth-century Latin America.

Contributors
Michelle Chase
Jeffrey L. Gould
Greg Grandin
Lillian Guerra
Forrest Hylton
Gilbert M. Joseph
Friedrich Katz
Thomas Miller Klubock
Neil Larsen
Arno J. Mayer
Carlota McAllister
Jocelyn Olcott
Gerardo Rénique
Corey Robin
Peter Winn

People around the world know Dave Batista as World Wrestling Entertainment's "the Animal," the rope-shaking, spine-busting World Heavyweight Champion, one of the most popular Superstars in recent years.The crowd turned Batista from heel to babyface after they were electrified by his awesome physique and physical wrestling style.

Few fans, however, know that Batista didn't join the profession until he was thirty years old -- an age at which many wrestlers are thinking about hanging up their boots. Nor do most fans know the tremendous toll the climb to the top has taken on Batista's personal life. While successfully staying away from hard drugs and -- usually -- liquor, he found sex too tempting to resist.

"Women were my drug of choice," the Animal confesses. That addiction cost him his marriage, destroying a relationship that had helped him climb from poverty to the pinnacle of sports entertainment in less than two years.

Now, in Batista Unleashed, the WWE Superstar comes clean about the choices he made and the devastating effects they had on his family. He talks about the injury that stripped him of his title -- an injury he blames on Mark Henry's carelessness. While being sidelined cost Batista untold hundreds of thousands of dollars in lost income, it also set the stage for a tremendous comeback that cemented the Animal's reputation as a true champion.

Batista talks about growing up in the worst part of Washington, D.C., where three murders occurred in his front yard before he was nine. He speaks lovingly about his mother -- a lesbian -- and how hard she worked to keep the family not just together but alive. He talks candidly about his own criminal past: a conviction on a drug charge and another, since overturned, on assault. He speaks of his days as a bouncer and a lifeguard, and tells how bodybuilding may have saved his life.

Once he made it to the WWE, Batista realized he wasn't really ready for the big time. His career seemed headed for a fall until Fit Finlay took him under his wing. But his real education came when he joined Evolution and rode with Triple H and Ric Flair, two of sports entertainment's all-time greats. Batista talks about what they taught him, and details some of their wild times on the road.

But the champ also reveals a kinder, gentler side. While his soft-spoken manner in the locker room has sometimes been misinterpreted as arrogance, in truth Batista's always been somewhat shy and quiet. Emotional by nature, he reveals for the first time that the tears fans saw at WrestleMania 21, when he won the World Heavyweight Championship for the first time, were very real. And he speaks movingly about his problems with his ex-wives and teenage daughters, and how it felt to become a grandfather.

While his straight-shooting mouth has occasionally gotten him into trouble -- most notably in a backstage confrontation with Undertaker after some remarks about SmackDown! -- Batista is his own harshest critic. He explains his early limitations as a wrestler and the work he has done to overcome them. Interspersing his memoir with accounts from life on the road, Batista lightens the narrative with a surprising sense of humor. An Animal in the ring, he reveals himself as an honest and even humble man in everyday life.
Over the last decade, studies of the Cold War have mushroomed globally. Unfortunately, work on Latin America has not been well represented in either theoretical or empirical discussions of the broader conflict. With some notable exceptions, studies have proceeded in rather conventional channels, focusing on U.S. policy objectives and high-profile leaders (Fidel Castro) and events (the Cuban Missile Crisis) and drawing largely on U.S. government sources. Moreover, only rarely have U.S. foreign relations scholars engaged productively with Latin American historians who analyze how the international conflict transformed the region’s political, social, and cultural life. Representing a collaboration among eleven North American, Latin American, and European historians, anthropologists, and political scientists, this volume attempts to facilitate such a cross-fertilization. In the process, In From the Cold shifts the focus of attention away from the bipolar conflict, the preoccupation of much of the so-called new Cold War history, in order to showcase research, discussion, and an array of new archival and oral sources centering on the grassroots, where conflicts actually brewed.

The collection’s contributors examine international and everyday contests over political power and cultural representation, focusing on communities and groups above and underground , on state houses and diplomatic board rooms manned by Latin American and international governing elites, on the relations among states regionally, and, less frequently, on the dynamics between the two great superpowers themselves. In addition to charting new directions for research on the Latin American Cold War, In From the Cold seeks to contribute more generally to an understanding of the conflict in the global south.

Contributors. Ariel C. Armony, Steven J. Bachelor, Thomas S. Blanton, Seth Fein, Piero Gleijeses, Gilbert M. Joseph, Victoria Langland, Carlota McAllister, Stephen Pitti, Daniela Spenser, Eric Zolov

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