Foreign in a Domestic Sense

Christina Duffy Burnett

Description

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. Jose Julian Alvarez Gonzalez, Roberto Aponte Toro, Christina Duffy Burnett, Jose A. Cabranes, Sanford Levinson, Burke Marshall, Gerald L. Neuman, Angel R. Oquendo, Juan Perea, Efren Rivera Ramos, Rogers M. Smith, E. Robert Statham Jr., Brook Thomas, Richard Thornburgh, Juan R. Torruella, Jose Trias Monge, Mark Tushnet, Mark Weiner

Sujets

• Sociologie, société et politique
• USA
• International relations
• Puerto Rico
• États-Unis
• Puerto Rico (homonymie)

Informations

• Publié par: Duke University Press
• Date de parution: 20 juillet 2001
• Nombre de lectures: 0
• EAN13: 9780822381167
• Langue: English
• Poids de l'ouvrage: 1 Mo

Extrait

Foreign in a Domestic Sense

AMERICAN ENCOUNTERS/GLOBAL INTERACTIONS A series edited by Gilbert M. Joseph and Emily S. Rosenberg

This series aims to stimulate critical perspec- tives and fresh interpretive frameworks for schol- arship on the history of the imposing global presence of the United States. Its primary con- cerns include the deployment and contestation of power, the construction and deconstruction of cultural and political borders, the fluid meanings of intercultural encounters, and the complex in- terplay between the global and the local. Ameri- can Encounters seeks to strengthen dialogue and collaboration between historians of U.S. interna- tional relations and area studies specialists. The series encourages scholarship based on multiarchival historical research. At the same time, it supports a recognition of the representa- tional character of all stories about the past and promotes critical inquiry into issues of subjec- tivity and narrative. In the process, American En- counters strives to understand the context in which meanings related to nations, cultures, and political economy are continually produced, challenged, and reshaped.

Foreign in a Domestic Sense

Puerto Rico, American Expansion,

and the Constitution

Edited by Christina Du√y Burnett and Burke Marshall

Duke University Press

Durham/London 2001

∫2001 Duke University Press All rights reserved Printed in the United States of America on acid-free paper$ Typeset in Minion by Keystone Typesetting, Inc. Library of Congress Cataloging-in-Publication Data appear on the last printed page of this book. The chapter by José Julián Álvarez González was originally published in a di√erent form in Journal on Law and Inequality17 (1999): 359.

To my late grandfather, Francisco Ponsa Feliú C. D. B.

Contents

xi

1

39

48

82

104

121

Preface

Between the Foreign and the Domestic: The Doctrine of Territorial Incorporation, Invented and Reinvented Christina Du√y 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: TheInsular 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 theInsular Casesinto the Canon of Constitutional Law Sanford Levinson

viii

140

167

182

209

226

241

251

289

315

Contents

Fulfilling Manifest Destiny: Conquest, Race, and theInsular 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: TheInsular Cases and Other Oddities José Trías Monge

One Hundred Years of Solitude: Puerto Rico’s American Century Juan R. Torruella

A Tale of Distorting Mirrors: One Hundred Years of Puerto Rico’s Sovereignty Imbroglio Roberto P. Aponte Toro

IV.

MEMBERSHIP AND RECOGNITION

Law, Language, and Statehood: The Role of English in the Great State of Puerto Rico José Julián Álvarez González

Puerto Rican National Identity and United States Pluralism Ángel Ricardo Oquendo

349 Puerto Rican Separatism and United States Federalism Richard Thornburgh

373 The Bitter Roots of Puerto Rican Citizenship Rogers M. Smith

389 A Note on theInsular Cases Christina Du√y Burnett

393

395

Notes on Contributors

Index

Contents

ix