The Constitution of Empire

Territorial Expansion and American Legal History

Nonfiction, Reference & Language, Law, Constitutional
Cover of the book The Constitution of Empire by Mr. Gary Lawson, Mr. Guy Seidman, Yale University Press
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Author: Mr. Gary Lawson, Mr. Guy Seidman ISBN: 9780300128963
Publisher: Yale University Press Publication: October 1, 2008
Imprint: Yale University Press Language: English
Author: Mr. Gary Lawson, Mr. Guy Seidman
ISBN: 9780300128963
Publisher: Yale University Press
Publication: October 1, 2008
Imprint: Yale University Press
Language: English

The Constitution of Empire offers a constitutional and historical survey of American territorial expansion from the founding era to the present day. The authors describe the Constitution’s design for territorial acquisition and governance and examine the ways in which practice over the past two hundred years has diverged from that original vision.
Noting that most of America’s territorial acquisitions-including the Louisiana Purchase, the Alaska Purchase, and the territory acquired after the Mexican-American and Spanish-American Wars-resulted from treaties, the authors elaborate a Jeffersonian-based theory of the federal treaty power and assess American territorial acquisitions from this perspective. They find that at least one American acquisition of territory and many of the basic institutions of territorial governance have no constitutional foundation, and they explore the often-strange paths that constitutional law has traveled to permit such deviations from the Constitution’s original meaning.

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The Constitution of Empire offers a constitutional and historical survey of American territorial expansion from the founding era to the present day. The authors describe the Constitution’s design for territorial acquisition and governance and examine the ways in which practice over the past two hundred years has diverged from that original vision.
Noting that most of America’s territorial acquisitions-including the Louisiana Purchase, the Alaska Purchase, and the territory acquired after the Mexican-American and Spanish-American Wars-resulted from treaties, the authors elaborate a Jeffersonian-based theory of the federal treaty power and assess American territorial acquisitions from this perspective. They find that at least one American acquisition of territory and many of the basic institutions of territorial governance have no constitutional foundation, and they explore the often-strange paths that constitutional law has traveled to permit such deviations from the Constitution’s original meaning.

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