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Over a century has passed since the United States Supreme Court decided a series of cases, known as the “Insular Cases,” that limited the applicability of constitutional rights in Puerto Rico and other overseas territories and allowed the United States to hold them indefinitely as subordinated possessions without the promise of representation or statehood. Essays in this volume, which originated in a Harvard Law School conference, reconsider the Insular Cases. Leading legal authorities examine the history and legacy of the cases, which are tinged with outdated notions of race and empire, and explore possible solutions for the dilemmas they created. Reconsidering the Insular Cases is particularly timely in light of the latest referendum in Puerto Rico expressing widespread dissatisfaction with its current form of governance, and litigation by American Samoans challenging their unequal citizenship status. This book gives voice to a neglected aspect of U.S. history and constitutional law and provides a rich context for rethinking notions of sovereignty, citizenship, race, and place, as well as the roles of law and politics in shaping them.
Over a century ago the United States Supreme Court decided the “Insular Cases,” which limited the applicability of constitutional rights in Puerto Rico and other overseas territories. Essays in Reconsidering the Insular Cases examine the history and legacy of these cases and explore possible solutions for the dilemmas they created.
Focuses on America's first attempts at empire-building through a string of U.S. Supreme Court decisions in the early part of the 20th century that tried to define the legal and constitutional status of America's island territories: Puerto Rico, Cuba, and the Philippines, among others, and reveals how the Court provided the rationalization for the establishment of an American empire.
Tells the tragic story of Puerto Ricans who sought the post-Civil War regime of citizenship, rights, and statehood but instead received racist imperial governance.
The principal aim of this book is to revisit the basic theme of “unity and diversity” that remains at the heart of research into federalism and federation. It is time to take another look at its contemporary relevance to ascertain how far the bifocal relationship between unity and diversity has evolved over the years and has been translated into changing conceptual lenses, practical reform proposals and in some cases new institutional practices. This book is structured around four main parts: (1) the evolving conception of diversity over time and across continents; (2) the interplay between unity and diversity in complex settings; (3) federalism as decision-making and new institutional practices that have been put forward and tested; and (4) constitutional design and asymmetrical federalism as a way to respond to legitimate and insisting claims and political demands.
With the largest municipal debt in US history and a major hurricane that destroyed much of the archipelago's infrastructure, Puerto Rico has emerged as a key site for the exploration of neoliberalism and disaster capitalism. In Colonial Debts Rocío Zambrana develops the concept of neoliberal coloniality in light of Puerto Rico's debt crisis. Drawing on decolonial thought and praxis, Zambrana shows how debt functions as an apparatus of predation that transforms how neoliberalism operates. Debt functions as a form of coloniality, intensifying race, gender, and class hierarchies in ways that strengthen the colonial relationship between Puerto Rico and the United States. Zambrana also examines the transformation of protest in Puerto Rico. From La Colectiva Feminista en Construcción's actions, long-standing land rescue/occupation in the territory, to the July 2019 protests that ousted former governor Ricardo “Ricky” Rosselló, protests pursue variations of decolonial praxis that subvert the positions of power that debt installs. As Zambrana demonstrates, debt reinstalls the colonial condition and adapts the racial/gender order essential to it, thereby emerging as a key site for political-economic subversion and social rearticulation.
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
American Colonial Spaces in the Philippines tells the story of U.S. colonialists who attempted, in the first decades of the twentieth century, to build an enduring American empire in the Philippines through the production of space. From concrete interventions in infrastructure, urban planning, and built environments to more abstract projects of mapping and territorialization, the book traces the efforts of U.S. Insular Government agents to make space for empire in the Philippines through forms of territory, map, landscape, and road, and how these spaces were understood as solutions to problems of colonial rule. Through the lens of space, the book offers an original history of a highly transformative, but largely misunderstood or forgotten, imperial moment, when the Philippine archipelago, made up of thousands of islands and an ethnically and religiously diverse population of more than seven million, became the unlikely primary setting for U.S. experimentation with formal colonial governance. Telling that story around key figures including Cameron Forbes, Daniel Burnham, Dean Worcester, and William Howard Taft, the book provides distinctive chapters dedicated to spaces of territory (sovereignty), maps (knowledge), landscape (aesthetics), and roads (circulation), suggesting new and integrative historical geographical approaches. This book will be of interest to students of Cultural, Historical, and Political Geography, American History, American Studies, Philippine Studies, Southeast Asia/Philippines; Asian Studies as well as general readers interested in these areas.
In the aftermath of the Spanish-American War, the United States’ acquisition of an overseas empire compelled the nation to reconsider the boundary between domestic and foreign--and between nation and empire. William D. Riddell looks at the experiences of merchant sailors and labor organizations to illuminate how domestic class conflict influenced America’s emerging imperial system. Maritime workers crossed ever-shifting boundaries that forced them to reckon with the collision of different labor systems and markets. Formed into labor organizations like the Sailor’s Union of the Pacific and the International Seaman’s Union of America, they contested the U.S.’s relationship to its empire while capitalists in the shipping industry sought to impose their own ideas. Sophisticated and innovative, On the Waves of Empire reveals how maritime labor and shipping capital stitched together, tore apart, and re-stitched the seams of empire.