Foreign in a Domestic Sense

by Burnett, Christina Duffy; Marshall, Burke; Joseph, Gilbert M.; Rosenberg, Emily S.

• ISBN13: 9780822326984
• ISBN10: 0822326981
• Format: Paperback
• Copyright: 2001-07-01
• Publisher: Duke Univ Pr

Summary

In this groundbreaking study of American imperialism, leading legal scholars address the problem of the U.S. territories.Foreign in a Domestic Sensewill 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 Sensesheds much-needed light on the United Statesrs" 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 Ricors"s status, and meets an urgent need for dialogue on territorial status between the mainlandd and the territories.Contributors.Joseacute; Juliaacute;n Aacute;lvarez Gonzaacute;lez, Roberto Aponte Toro, Christina Duffy Burnett, Joseacute; A. Cabranes, Sanford Levinson, Burke Marshall, Gerald L. Neuman, Angel R. Oquendo, Juan Perea, Efreacute;n Rivera Ramos, Rogers M. Smith, E. Robert Statham Jr., Brook Thomas, Richard Thornburgh, Juan R. Torruella, Joseacute; Triacute;as Monge, Mark Tushnet, Mark Weiner

Table of Contents

Preface	xi
Between the Foreign and the Domestic: The Doctrine of Territorial Incorporation, Invented and Reinvented	1	(38)
Christina Duffy Burnett
Burke Marshall
I. HISTORY AND EXPANSION
Some Common Ground	39	(9)
Jose A. Cabranes
Teutonic Constitutionalism: The Role of Ethno-Juridical Discourse in the Spanish-American War	48	(34)
Mark S. Weiner
A Constitution Led by the Flag: The Insular Cases and the Metaphor of Incorporation	82	(22)
Brook Thomas
Deconstructing Colonialism: The ``Unincorporated Territory'' as a Category of Domination	104	(17)
Efren Rivera Ramos
II. EXPANSION AND CONSTITUTION
Installing the Insular Cases into the Canon of Constitutional Law	121	(19)
Sanford Levinson
Fulfilling Manifest Destiny: Conquest, Race, and the Insular Cases	140	(27)
Juan F. Perea
U.S. Territorial Expansion: Extended Republicanism versus Hyperextended Expansionism	167	(15)
E. Robert Statham
Constitutionalism and Individual Rights in the Territories	182	(27)
Gerald L. Neuman
III. CONSTITUTION AND MEMBERSHIP
Partial Membership and Liberal Political Theory	209	(17)
Mark Tushnet
Injustice According to Law: The Insular Cases and Other Oddities	226	(15)
Jose Trias Monge
One Hundred Years of Solitude: Puerto Rico's American Century	241	(10)
Juan R. Torruella
A Tale of Distorting Mirrors: One Hundred Years of Puerto Rico's Sovereignty Imbroglio	251	(38)
Roberto P. Aponte Toro
IV. MEMBERSHIP AND RECOGNITION
Law, Language, and Statehood: The Role of English in the Great State of Puerto Rico	289	(26)
Jose Julian Alvarez Gonzalez
Puerto Rican National Identity and United States Pluralism	315	(34)
Angel Ricardo Oquendo
Puerto Rican Separatism and United States Federalism	349	(24)
Richard Thornburgh
The Bitter Roots of Puerto Rican Citizenship	373	(16)
Rogers M. Smith
A Note on the Insular Cases	389	(4)
Christina Duffy Burnett
Notes on Contributors	393	(2)
Index	395