By Austin Sarat
This quantity of "Studies in legislations, Politics, and Society" offers a various array of articles by means of an interdisciplinary workforce of students. Their paintings covers political technological know-how, coverage reports, and legislations. the various articles released during this factor concentrate on the assets of clash and violence in addition to law's reaction to either. right here, examine illustrates the advanced methods legislations should be acknowledged to be either against violence and but be violent itself. different articles specialize in the way in which judges and different felony actors use legislation as they interpret it. Taken jointly they exemplify the interesting and cutting edge paintings now being performed in interdisciplinary felony scholarship. An interdisciplinary quantity that discusses political technology, coverage technological know-how and legislations, this publication is split into elements: clash, violence, and felony procedures; and determining circumstances, charting development. It makes use of case legislations examples to check matters.
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Additional resources for Studies in Law, Politics, and Society, Volume 39
Example text
One way to make sense of this argument is to suggest that juridico-political notions of space, which could mediate the relationship between the State/Sovereign and the individual subject or citizen. S. legal history. The Constitution only describes five types of legal spaces, namely the states, districts, territories, possessions, and Indian Tribes or Tribal territories. S. nation-state building provides us with at least 37 instances where the Sovereign acquired and subsequently annexed various types of territories.
Congress was given a plenary power to select what aspects of the Constitution could be extended to these newly acquired territories. 39 This presented a problem for the United States because the inhabitants of Puerto Rico were Spanish citizens and the automatic naturalization of subjects that were not of Anglo-Saxon heritage was politically untenable. The President addressed these and other tensions through the enactment of Article IX, which essentially provided for the protection of Spanish subjects, invented a Puerto Rican national status, and ascribed Congress plenary authority over the civil and political rights of the residents of this new territory.
This argument was further modified in the court’s position on Dred Scott v. Sandford (1856) where Chief Justice Roger B. g. 21 To be sure, Chief Justice Taney argued that There is certainly no power given by the Constitution to the Federal Government to establish or maintain colonies bordering on the United States or at a distance, to be ruled and governed at its own pleasure; nor to enlarge its territorial limits in any way, except by the admission of new States. That power is plainly given; and if a new State is admitted, it needs no further legislation by Congress, because the Constitution itself defines the relative rights and powers, and duties of the State, and the citizens of the State, and the Federal Government.