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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 mainland 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

Tabla de contenidos provista por Syndetics

• Preface
• Between the Foreign and the Domestic: The Doctrine of Territorial Incorporation, Invented and Reinvented
• I History and Expansion
• Some Common Ground
• Teutonic Constitutionalism: The Role of Ethno-Juridical Discourse in the Spanish-American War
• A Constitution Led by the Flag: The Insular Cases and the Metaphor of Incorporation
• Deconstructing Colonialism: The "Unincorporated Territory"
• as a Category of Domination
• II Expansion and Constitution
• Installing the Insular Cases
• into the Canon of Constitutional Law
• Fulfilling Manifest Destiny: Conquest, Race, and the Insular Cases
• U.S. Territorial Expansion: Extended Republicanism versus Hyperextended Expansionism
• Constitutionalism and Individual Rights in the Territories
• III Constitution and Membership
• Partial Membership and Liberal Political Theory
• Injustice According to Law: The Insular Cases and other Oddities
• One Hundred Years of Solitude: Puerto Rico's American Century
• A Tale of Distorting Mirrors: One Hundred Years of Puerto Rico's Sovereignty Imbroglio
• IV Membership and Recognition
• Law, Language, and Statehood: The Role of English in the Great State of Puerto Rico
• Puerto Rican National Identity and United States Pluralism
• Puerto Rican Separatism and United States Federalism
• The Bitter Roots of Puerto Rican Citizenship
• A Note on the Insular Cases
• Notes on Contributors
• Index

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CHOICE Review

The timing of this collection is perfect. As it was published (2001) the issues of long-term Puerto Rican political status and of US military bases in this territory were reintroduced into American consciousness. Although at times polemic, it is almost a must for colonial nationalists reviewing the jingoism and even racism inherent in the taking of "our islands" (words used by William S. Bryan) and also in the so-called Insular cases that legally justified their "special-case" administration. Furthermore, the selections are balanced by the somber writings of five US Federal justices and ex-attorneys general plus ten Constitutional law scholars. All agree that the time to correct the constitutional anomaly governing the territories taken from Spain in 1898 is long past due. With the exception of E. Robert Statham (University of Guam), there is little mention that Guam and other Pacific territories are in a similarly untenable situation. The US Congress (and constitutional specialists) must soon come to grips with the fact that either independence or special and imaginative US statehood status must be arranged not only with Puerto Rico but also with Guam, perhaps in union with additional present and ex-Pacific territories, to compensate for its much smaller size. Necessary for advanced undergraduates, graduate students, and others working on this important problem. W. M. Will University of Tulsa

Notas de autor provistas por Syndetics

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.