By Kal Raustiala
The Bush management has notoriously argued that detainees at Guantanamo don't get pleasure from constitutional rights simply because they're held outdoors American borders. yet the place do ideas approximately territorial criminal limits equivalent to this one come from? Why does geography make a distinction for what criminal ideas practice? most folks intuitively remember the fact that place impacts constitutional rights, however the felony and political foundation for territorial jurisdiction is poorly understood. during this novel and obtainable therapy of territoriality in American legislations and overseas coverage, Kal Raustiala starts by means of tracing the heritage of the topic from its origins in post-revolutionary the USA to the Indian wars and in another country imperialism of the nineteenth century. He then takes the reader in the course of the chilly warfare and the globalization period ahead of last with a robust clarification of America's try to raise its extraterritorial energy within the post-9/11 global. As American energy has grown, our knowing of extraterritorial criminal rights has increased too, and Raustiala illuminates why America's assumptions approximately sovereignty and territory have replaced. all through, he makes a speciality of how the felony limits of territorial sovereignty have lowered to deal with the increasing American empire, and addresses how such limits should glance within the wake of Iraq, Afghanistan, and the conflict on terror. A well timed and fascinating narrative, Does the structure stick to the Flag? will swap how we predict approximately American territory, American legislation, and-ultimately-the altering nature of yankee energy.
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Extra info for Does the Constitution Follow the Flag?: The Evolution of Territoriality in American Law
Example text
Whether the Constitution followed the flag, in other words, not only had meaning for America’s formal empire—the narrow but highly significant 24 D O E S T H E C O N S T I T U T I O N F O L L OW T H E F L A G ? S. military and police power in the postwar era. Consider the vast, informal postwar empire of military bases established to project American power around the globe. S. citizens, both members of the armed forces and civilians. S. territory. In the 1950s, however, the Supreme Court rejected this view and expanded the extraterritorial reach of the Constitution.
Outline of the Book This introductory chapter has laid the theoretical and historical foundation for the story of territoriality in the United States told in the next six chapters. Chapter 2 commences with an investigation of the constitutional design of 1789. Westphalian territoriality provided the template for the new nation. Yet the early decades of the United States presented a wide range of interesting territorial questions, some related to expansion—such as the constitutionality of the Louisiana Purchase—and others to military occupation and control.
73 What about the streets of Karachi or Rome? These questions, which appear with increasing frequency in the twenty-first century, force us most dramatically to interrogate the assumptions and traditions of Westphalian territoriality. T E R R I T O R I A L I T Y I N A M E R I C A N L AW 25 Shaped by War and Trade Throughout the pages that follow I stress the central role of international relations in shaping the evolution of territoriality in American law. Of particular importance is the changing role of the United States within the international order: the implications of its rise from a nation on the fringe of world politics to a hegemonic ‘‘hyperpower’’ with global ambitions and reach.