Reconsidering the Insular Cases
The Past and Future of the American Empire
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Reconsidering the Insular Cases
The Past and Future of the American Empire
About This Book
Over a century has passed since the United States Supreme Court decided a series of cases, known as the "Insular Cases, " that limited the applicability of constitutional rights in Puerto Rico and other overseas territories and allowed the United States to hold them indefinitely as subordinated possessions without the promise of representation or statehood. Essays in this volume, which originated in a Harvard Law School conference, reconsider the Insular Cases. Leading legal authorities examine the history and legacy of the cases, which are tinged with outdated notions of race and empire, and explore possible solutions for the dilemmas they created. Reconsidering the Insular Cases is particularly timely in light of the latest referendum in Puerto Rico expressing widespread dissatisfaction with its current form of governance, and litigation by American Samoans challenging their unequal citizenship status. This book gives voice to a neglected aspect of U.S. history and constitutional law and provides a rich context for rethinking notions of sovereignty, citizenship, race, and place, as well as the roles of law and politics in shaping them.
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Table of contents
- Cover
- Title Page
- Copyright
- Contents
- Preface
- Acknowledgments
- Introduction
- 1. When Statehood Was Autonomy
- 2. The Insular Cases: What Is There to Reconsider?
- 3. The Centennial of Ocampo v. United States: Lessons from the Insular Cases
- 4. The Insular Cases: A Declaration of Their Bankruptcy and My Harvard Pronouncement
- 5. From Conquest to Consent: Puerto Rico and the Prospect of Genuine Free Association
- 6. The Insular Cases, Differentiated Citizenship, and Territorial Statuses in the Twenty-First Century
- 7. The Ideological Decolonization of Puerto Ricoâs Autonomist Movement
- 8. Our Journey Is Not Complete
- 9. Puerto Rico and the United States at the Crossroads
- Contributors