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In this groundbreaking study of American imperialism, leading legal scholars address the problem of the U.S. territories. Foreign in a Domestic Sense will redefine the boundaries of constitutional scholarship.
More than four million U.S. citizens currently live in five “unincorporated” U.S. territories. The inhabitants of these vestiges of an American empire are denied full representation in Congress and cannot vote in presidential elections. Focusing on Puerto Rico, the largest and most populous of the territories, Foreign in a Domestic Sense sheds much-needed light on the United States’ unfinished colonial experiment and its legacy of racially rooted imperialism, while insisting on the centrality of these “marginal” regions in any serious treatment of American constitutional history. For one hundred years, Puerto Ricans have struggled to define their place in a nation that neither wants them nor wants to let them go. They are caught in a debate too politicized to yield meaningful answers. Meanwhile, doubts concerning the constitutionality of keeping colonies have languished on the margins of mainstream scholarship, overlooked by scholars outside the island and ignored by the nation at large.
This book does more than simply fill a glaring omission in the study of race, cultural identity, and the Constitution; it also makes a crucial contribution to the study of American federalism, serves as a foundation for substantive debate on Puerto Rico’s status, and meets an urgent need for dialogue on territorial status between the mainlandd and the territories.Contributors. JosÉ JuliÁn Álvarez GonzÁlez, Roberto Aponte Toro, Christina Duffy Burnett, JosÉ A. Cabranes, Sanford Levinson, Burke Marshall, Gerald L. Neuman, Angel R. Oquendo, Juan Perea, EfrÉn Rivera Ramos, Rogers M. Smith, E. Robert Statham Jr., Brook Thomas, Richard Thornburgh, Juan R. Torruella, JosÉ TrÍas Monge, Mark Tushnet, Mark Weiner
List of contents
Preface
Between the Foreign and the Domestic: The Doctrine of Territorial Incorporation, Invented and Reinvented / Christina Duffy Burnett and Burke Marshall
I. History and Expansion
Some Common Ground / José A. Cabranes
Teutonic Constitutionalism: The Role of Ethno-Juridical Discourse in the Spanish-American War / Mark S. Weiner
A Constitution Led by the Flag: The
Insular Cases and the Metaphor of Incorporation / Brook Thomas
Deconstructing Colonialism: The “Unincorporated Territory” as a Category of Domination / Efrén Rivera Ramos
II. Expansion and Constitution
Installing the
Insular Cases into the Canon of Constitutional Law / Sanford Levinson
Fulfilling Manifest Destiny: Conquest, Race, and the
Insular Cases / Juan F. Perea
U.S. Territorial Expansion: Extended Republicanism versus Hyperextended Expansionism / E. Robert Statham Jr.
Constitutionalism and Individual Rights in the Territories / Gerald L. Neuman
III. Constitution and Membership
Partial Membership and Liberal Political Theory / Mark Tushnet
Injustice According to Law: The
Insular Cases and other Oddities / José Trías Monge
One Hundred Years of Solitude: Puerto Rico’s American Century / Juan R. Torreulla
A Tale of Distorting Mirrors: One Hundred Years of Puerto Rico’s Sovereignty Imbroglio / Roberto Aponte Toro
IV. Membership and Recognition
Law, Language, and Statehood: The Role of English in the Great State of Puerto Rico / José Julián Alvarez González
Puerto Rican National Identity and United States Pluralism / Angel Ricardo Oquendo
Puerto Rican Separatism and United States Federalism / Richard Thornburgh
The Bitter Roots of Puerto Rican Citizenship / Rogers M. Smith
A Note on the
Insular Cases / Christina Duffy Burnett
Notes on Contributors
Index
About the author
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.
Summary
A study of American imperialism, which addresses the problem of the US territories. Focusing on Puerto Rico, it sheds light on the US' unfinished colonial experiment and its legacy of racially rooted imperialism, while insisting on the centrality of these 'marginal' regions in any serious treatment of American constitutional history.
