In a set of cases decided at the end of the nineteenth century; the Supreme Court declared that Congress had "plenary power" to regulate immigration; Indian tribes; and newly acquired territories. Not coincidentally; the groups subject to Congress' plenary power were primarily nonwhite and generally perceived as "uncivilized." The Court left Congress free to craft policies of assimilation; exclusion; paternalism; and domination. Despite dramatic shifts in constitutional law in the twentieth century; the plenary power case decisions remain largely the controlling law. The Warren Court; widely recognized for its dedication to individual rights; focused on ensuring "full and equal citizenship"--an agenda that utterly neglected immigrants; tribes; and residents of the territories. The Rehnquist Court has appropriated the Warren Court's rhetoric of citizenship; but has used it to strike down policies that support diversity and the sovereignty of Indian tribes.Attuned to the demands of a new century; the author argues for abandonment of the plenary power cases; and for more flexible conceptions of sovereignty and citizenship. The federal government ought to negotiate compacts with Indian tribes and the territories that affirm more durable forms of self-government. Citizenship should be "decentered;" understood as a commitment to an intergenerational national project; not a basis for denying rights to immigrants.
#8731 in Books Simon Schuster Incorporated 1983-01-12 1983-01-12Original language:EnglishPDF # 1 9.25 x 1.50 x 6.12l; 1.81 #File Name: 067145711X636 pagesSimon Schuster Incorporated
Review
0 of 0 people found the following review helpful. McCulloughs' other great reads!By SusieQI have lived in Cincinnati for several years; so was very aware of the Robling bridge there. It was great fun to read about the beginnings of Roblings' bridges and his life. Reading about how Mr. Robling sold New York on his plan for the Brooklin Bridge and his ingenious methods of building it; and his persuasive ways to get the bridge built in the first place; provide an excellent readI thoroughly enjoy this read! One of McCulloughs' fascinating reads!0 of 0 people found the following review helpful. excellentBy WyomingwomanTHis book was fascinating. You felt as if you knew the players. You could appreciate the great science and engineering feat that enabled the bridge to be built. The one thing I am confused about it this. How can some people cheat and knowlingly use subpar materials when it might mean the death of hundreds of people. I just can't get my mind around it. I also enjoyed learning of the historical figures that were living at that time.0 of 0 people found the following review helpful. Great story overall and very well researchedBy Haiti loverGreat story overall and very well researched; with the author's usual flair for personal stories. As often though with McCullough; the book is longer than it should (the same was true of his book on the Panama Canal and the youth of Theodore Roosevelt). A good editor would have cut out a hundred pages or so; which would have made for a truly great read.