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Vol 23 No 1 Jan/Feb 2018

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The Law of Privilege

Edited by: Bankim Thanki
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Foreign in a Domestic Sense

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ISBN13: 9780822326984
ISBN: 0822326981
Published: July 2003
Publisher: Duke University Press
Format: Paperback
Price: £20.99

In this study of American imperialism, legal scholars address the problem of the US territories. ""Foreign in a Domestic Sense"" aims to redefine the boundaries of constitutional scholarship. More than four million United States citizens live in five ""unincorporated"" US territories. The inhabitants of these vestiges of an American empire are denied full representation in Congress and cannot vote in presidential elections.;Focusing on the largest and most populous of the territories, Puerto Rico, ""Foreign in a Domestic Sense"" sheds 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 100 years, Puerto Ricans have struggled to define their place in a nation that neither wants them nor wants to let them go, 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 an omission in the study of race, cultural identity, and the Constitution; it also aims to make a contribution to the study of American federalism, serves as a foundation for substantive debate on Puerto Rico's status, and meets a need for dialogue on territorial status between the mainland and the territories.

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Introduction - the domestic sense of foreign, Christina Duffy Burnett, Burke Marshall
Part 1 Expansion and history: some common ground, Jos A. Cabranes; teutonic constitutionalism - the role of ethno-juridical discourse in the Spanish-American War, Mark S. Weiner; a constitution led by the flag - the insular cases and the metaphor of incorporation, Brook Thomas; deconstructing colonialism - the ""unincorporated territory"" as a category of domination, Efren Rivera Ramos; history and constitution - installing the insular cases into the canon of constitutional law, Sanford Levinson; fulfilling manifest destiny - conquest, race, and the insular cases, Juan Perea; US territorial expansion - extended republicanism versus hyperextended expansionism, E. Robert Statham Jr.,; constitutionalism and individual rights in the territories, Gerald L. Neuman. Part II Constitution and membership: partial membership and liberal political theory, Mark Tushnet; injustice according to law - the insular cases and other oddities, Jose Trias Monge; 100 years of solitude - Puerto Rico's American century, Juan R. Torreulla; a tale of distorting mirrors - 100 years of Puerto Rico's sovereignty imbroglio, Roberto Aponte Toro; membership and recognition - law, language, and statehood - the role of English in the great state of Puerto Rico, Jose Julian Alvarez Gonzlez; Puerto Rican national identity and United States pluralism, Angel Ricardo Oquendo; Puerto Rican separatism and United States federalism, Richard Thornburgh; the bitter roots of Puerto Rican citizenship, Rogers M. Smith. Appendix: a note on the insular cases, Christina Duffy Burnett.