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

Published by Duke University Press 2001

Foreign in a Domestic Sense

Puerto Rico, American Expansion, and the Constitution

Edited by: Christina Duffy Burnett , Burke Marshall , Gilbert M. Joseph and Emily S. Rosenberg

In the series American encounters/global interactions

https://doi.org/10.1515/9780822381167

Overview
Contents

About this book

A number of leading legal scholars address different aspects of the American experience of territorial government in areas unincorporated for reasons of geography and the cultural and racial makeup of their peoples with special emphasis on the status of P

Author / Editor information

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.

Reviews

“I can hardly contain my enthusiasm for this project, which brings together an array of authoritative scholars in the field. “Foreign in a Domestic Sense” is the most important work of its kind of our generation, a book that advances the scholarship while having a material impact on current and future debates about Puerto Rico’s self-determination.”—Francisco A. Scarano, author of Puerto Rico: Cinco Siglos de Historia

Topics

Frontmatter Publicly Available Download PDF	i
Contents Publicly Available Download PDF	vii
Preface Publicly Available Download PDF	xi
Between the Foreign and the Domestic: The Doctrine of Territorial Incorporation, Invented and Reinvented Christina Duffy Burnett and Burke Marshall Requires Authentication Unlicensed Licensed Download PDF	1
I. HISTORY AND EXPANSION
Some Common Ground José A. Cabranes Requires Authentication Unlicensed Licensed Download PDF	39
Teutonic Constitutionalism: The Role of Ethno-Juridical Discourse in the Spanish-American War Mark S. Weiner Requires Authentication Unlicensed Licensed Download PDF	48
A Constitution Led by the Flag: The Insular Cases and the Metaphor of Incorporation Brook Thomas Requires Authentication Unlicensed Licensed Download PDF	82
Deconstructing Colonialism: The ‘‘Unincorporated Territory’’ as a Category of Domination Efrén Rivera Ramos Requires Authentication Unlicensed Licensed Download PDF	104
II. EXPANSION AND CONSTITUTION
Installing the Insular Cases into the Canon of Constitutional Law Sanford Levinson Requires Authentication Unlicensed Licensed Download PDF	121
Fulfilling Manifest Destiny: Conquest, Race, and the Insular Cases Juan F. Perea Requires Authentication Unlicensed Licensed Download PDF	140
U.S. Territorial Expansion: Extended Republicanism versus Hyperextended Expansionism E. Robert Statham Jr. Requires Authentication Unlicensed Licensed Download PDF	167
Constitutionalism and Individual Rights in the Territories Gerald L. Neuman Requires Authentication Unlicensed Licensed Download PDF	182
III. CONSTITUTION AND MEMBERSHIP
Partial Membership and Liberal Political Theory Mark Tushnet Requires Authentication Unlicensed Licensed Download PDF	209
Injustice According to Law: The Insular Cases and Other Oddities José Trías Monge Requires Authentication Unlicensed Licensed Download PDF	226
One Hundred Years of Solitude: Puerto Rico’s American Century Juan R. Torruella Requires Authentication Unlicensed Licensed Download PDF	241
A Tale of Distorting Mirrors: One Hundred Years of Puerto Rico’s Sovereignty Imbroglio Roberto P. Toro Aponte Requires Authentication Unlicensed Licensed Download PDF	251
IV. MEMBERSHIP AND RECOGNITION
Law, Language, and Statehood: The Role of English in the Great State of Puerto Rico José Julián González Álvarez Requires Authentication Unlicensed Licensed Download PDF	289
Puerto Rican National Identity and United States Pluralism Ángel Ricardo Oquendo Requires Authentication Unlicensed Licensed Download PDF	315
Puerto Rican Separatism and United States Federalism Richard Thornburgh Requires Authentication Unlicensed Licensed Download PDF	349
The Bitter Roots of Puerto Rican Citizenship Rogers M. Smith Requires Authentication Unlicensed Licensed Download PDF	373
A Note on the Insular Cases Christina Duffy Burnett Requires Authentication Unlicensed Licensed Download PDF	389
Notes on Contributors Requires Authentication Unlicensed Licensed Download PDF	393
Index Requires Authentication Unlicensed Licensed Download PDF	395

Language: English
Publisher: Duke University Press
Pages
- Main content: 439

eBook

Published: July 20, 2001
ISBN: 9780822381167