Semblances of Sovereignty

Semblances of Sovereignty

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  • Author: T. Alexander Aleinikoff
  • Publisher: Harvard University Press
  • ISBN: 0674020154
  • Category : Law
  • Languages : en
  • Pages : 321

In a set of cases decided at the end of the nineteenth century, the Supreme Court declared that Congress had "plenary power" to regulate immigration, Indian tribes, and newly acquired territories. Not coincidentally, the groups subject to Congress' plenary power were primarily nonwhite and generally perceived as "uncivilized." The Court left Congress free to craft policies of assimilation, exclusion, paternalism, and domination. Despite dramatic shifts in constitutional law in the twentieth century, the plenary power case decisions remain largely the controlling law. The Warren Court, widely recognized for its dedication to individual rights, focused on ensuring "full and equal citizenship"--an agenda that utterly neglected immigrants, tribes, and residents of the territories. The Rehnquist Court has appropriated the Warren Court's rhetoric of citizenship, but has used it to strike down policies that support diversity and the sovereignty of Indian tribes. Attuned to the demands of a new century, the author argues for abandonment of the plenary power cases, and for more flexible conceptions of sovereignty and citizenship. The federal government ought to negotiate compacts with Indian tribes and the territories that affirm more durable forms of self-government. Citizenship should be "decentered," understood as a commitment to an intergenerational national project, not a basis for denying rights to immigrants.


Semblances of Sovereignty

Semblances of Sovereignty

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  • Author: Thomas Alexander Aleinikoff
  • Publisher:
  • ISBN:
  • Category : Citizenship
  • Languages : en
  • Pages : 56


Sovereignty's Entailments

Sovereignty's Entailments

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  • Author: Paul Nadasdy
  • Publisher: University of Toronto Press
  • ISBN: 148752207X
  • Category : Autochtones
  • Languages : en
  • Pages : 397

Based on over five years of ethnographic research [carried out] in the southwest Yukon, Sovereignty's Entailments is a close ethnographic analysis of everyday practices of state formation in a society whose members do not take for granted the cultural entailments of sovereignty.


Sovereignty Unhinged

Sovereignty Unhinged

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  • Author: Deborah A. Thomas
  • Publisher: Duke University Press
  • ISBN: 1478023716
  • Category : Social Science
  • Languages : en
  • Pages : 239

Sovereignty Unhinged theorizes sovereignty beyond the typical understandings of action, control, and the nation-state. Rather than engaging with the geopolitical realities of the present, the contributors consider sovereignty from the perspective of how it is lived and enacted in everyday practice and how it reflects people’s aspirations for new futures. In a series of ethnographic case studies ranging from the Americas to the Middle East to South Asia, they examine the means of avoiding the political and historical capture that make one complicit with sovereign authority rather than creating the conditions of possibility to confront it. The contributors attend to the affective dimensions of these practices of world-building to illuminate the epistemological, ontological, and transnational entanglements that produce a sense of what is possible. They also trace how sovereignty is activated and deactivated over the course of a lifetime within the struggle of the everyday. In so doing, they outline how individuals create and enact forms of sovereignty that allow them to endure fast and slow forms of violence while embracing endless opportunities for building new worlds. Contributors. Alex Blanchette, Yarimar Bonilla, Jessica Cattelino, María Elena García, Akhil Gupta, Lochlann Jain, Purnima Mankekar, Joseph Masco, Michael Ralph, Danilyn Rutherford, Arjun Shankar, Kristen L. Simmons, Deborah A. Thomas, Leniqueca A. Welcome, Kaya Naomi Williams, Jessica Winegar


Hybrid Sovereignty in World Politics

Hybrid Sovereignty in World Politics

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  • Author: Swati Srivastava
  • Publisher: Cambridge University Press
  • ISBN: 1009204491
  • Category : Political Science
  • Languages : en
  • Pages : 309

The idea of 'hybrid sovereignty' describes overlapping relations between public and private actors in important areas of global power, such as contractors fighting international wars, corporations regulating global markets, or governments collaborating with nongovernmental entities to influence foreign elections. This innovative study shows that these connections – sometimes hidden and often poorly understood – underpin the global order, in which power flows without regard to public and private boundaries. Drawing on extensive original archival research, Swati Srivastava reveals the little-known stories of how this hybrid power operated at some of the most important turning points in world history: spreading the British empire, founding the United States, establishing free trade, realizing transnational human rights, and conducting twenty-first century wars. In order to sustain meaningful dialogues about the future of global power and political authority, it is crucial that we begin to understand how hybrid sovereignty emerged and continues to shape international relations.


Islands of Sovereignty

Islands of Sovereignty

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  • Author: Jeffrey S. Kahn
  • Publisher: University of Chicago Press
  • ISBN: 022658741X
  • Category : Law
  • Languages : en
  • Pages : 373

In Islands of Sovereignty, anthropologist and legal scholar Jeffrey S. Kahn offers a new interpretation of the transformation of US borders during the late twentieth century and its implications for our understanding of the nation-state as a legal and political form. Kahn takes us on a voyage into the immigration tribunals of South Florida, the Coast Guard vessels patrolling the northern Caribbean, and the camps of Guantánamo Bay—once the world’s largest US-operated migrant detention facility—to explore how litigation concerning the fate of Haitian asylum seekers gave birth to a novel paradigm of offshore oceanic migration policing. Combining ethnography—in Haiti, at Guantánamo, and alongside US migration patrols in the Caribbean—with in-depth archival research, Kahn expounds a nuanced theory of liberal empire’s dynamic tensions and its racialized geographies of securitization. An innovative historical anthropology of the modern legal imagination, Islands of Sovereignty forces us to reconsider the significance of the rise of the current US immigration border and its relation to broader shifts in the legal infrastructure of contemporary nation-states across the globe.


The Poetics of Sovereignty in American Literature, 1885-1910

The Poetics of Sovereignty in American Literature, 1885-1910

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  • Author: Andrew Hebard
  • Publisher: Cambridge University Press
  • ISBN: 110702806X
  • Category : History
  • Languages : en
  • Pages : 217

The book examines trends in American literature and sheds new light on the legal history of race relations during the Progressive Era.


The Sovereign Psyche

The Sovereign Psyche

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  • Author: Ezrah Aharone
  • Publisher: AuthorHouse
  • ISBN: 1524601330
  • Category : Political Science
  • Languages : en
  • Pages : 233

The Sovereign Psyche is not just the title of the book. More importantly The Sovereign Psyche is the motivating consciousness, intellect, and willpower that is necessary to materialize what the book defines as "Self-Authentic Freedom" as opposed to "Chattel Freedom." Chattel freedom is when the value of a people is predicated upon the extent to which they serve the interests and institutions of others. As such, this work asserts that there is no such thing as intellectual or institutional equality, and that Black/African people have been unknowingly thrusted into an intellectual and institutional war, where second-place finishers either experience varying degrees of chattel freedom or they could end-up dead. Regardless of the issue, genuine solutions entail what we as Black/African people intellectually and institutionally do for ourselves. If "Black Lives Matter" we must channel the end-uses of our intellect and the resources of our institutions to not only prove and enforce it, but also leverage powers to penalize and/or repudiate violators. Although this work centers upon Black/African people, the sovereign functions and frameworks herein are universal in application, being that todays world rotates upon systems of sovereignty and power, not beliefs in democracy or equality. In this context, the sovereign concepts and criteria presented are far more rational than radical. The central question is, to what extent will Black/African people harness the willpower and employ the intellect of The Sovereign Psyche to actualize our own systems and institutions of self-authentic freedom, government, and development, without apology or permission? This work offers the ideological apparatus to make this possible, just as others are doing all around the globe.


Spaces of Law in American Foreign Relations

Spaces of Law in American Foreign Relations

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  • Author: Daniel S. Margolies
  • Publisher: University of Georgia Press
  • ISBN: 0820338710
  • Category : Law
  • Languages : en
  • Pages : 444

In the late nineteenth century the United States oversaw a great increase in extraterritorial claims, boundary disputes, extradition controversies, and transborder abduction and interdiction. In this sweeping history of the underpinnings of American empire, Daniel S. Margolies offers a new frame of analysis for historians to understand how novel assertions of legal spatiality and extraterritoriality were deployed in U.S. foreign relations during an era of increased national ambitions and global connectedness. Whether it was in the Mexican borderlands or in other hot spots around the globe, Margolies shows that American policy responded to disputes over jurisdiction by defining the space of law on the basis of a strident unilateralism. Especially significant and contested were extradition regimes and the exceptions carved within them. Extradition of fugitives reflected critical questions of sovereignty and the role of the state in foreign affair during the run-up to overseas empire in 1898. Using extradition as a critical lens, Spaces of Law in American Foreign Relations examines the rich embeddedness of questions of sovereignty, territoriality, legal spatiality, and citizenship and shows that U.S. hegemonic power was constructed in significant part in the spaces of law, not simply through war or trade.


Duress

Duress

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  • Author: Ann Laura Stoler
  • Publisher: Duke University Press
  • ISBN: 0822373610
  • Category : Social Science
  • Languages : en
  • Pages : 448

How do colonial histories matter to the urgencies and conditions of our current world? How have those histories so often been rendered as leftovers, as "legacies" of a dead past rather than as active and violating forces in the world today? With precision and clarity, Ann Laura Stoler argues that recognizing "colonial presence" may have as much to do with how the connections between colonial histories and the present are expected to look as it does with how they are expected to be. In Duress, Stoler considers what methodological renovations might serve to write histories that yield neither to smooth continuities nor to abrupt epochal breaks. Capturing the uneven, recursive qualities of the visions and practices that imperial formations have animated, Stoler works through a set of conceptual and concrete reconsiderations that locate the political effects and practices that imperial projects produce: occluded histories, gradated sovereignties, affective security regimes, "new" racisms, bodily exposures, active debris, and carceral archipelagos of colony and camp that carve out the distribution of inequities and deep fault lines of duress today.