The Constitution of Empire: Territorial Expansion and American Legal History

Front Cover
Yale University Press, Oct 1, 2008 - Law - 288 pages
0 Reviews

The Constitution of Empire offers a constitutional and historical survey of American territorial expansion from the founding era to the present day. The authors describe the Constitution’s design for territorial acquisition and governance and examine the ways in which practice over the past two hundred years has diverged from that original vision.
Noting that most of America’s territorial acquisitions—including the Louisiana Purchase, the Alaska Purchase, and the territory acquired after the Mexican-American and Spanish-American Wars—resulted from treaties, the authors elaborate a Jeffersonian-based theory of the federal treaty power and assess American territorial acquisitions from this perspective. They find that at least one American acquisition of territory and many of the basic institutions of territorial governance have no constitutional foundation, and they explore the often-strange paths that constitutional law has traveled to permit such deviations from the Constitution’s original meaning.


What people are saying - Write a review

We haven't found any reviews in the usual places.


From Sea to Shining Sea and Beyond
Part I Acquiring Territory
Part II Governing Territory
Imperial Reflections

Other editions - View all

Common terms and phrases

Bibliographic information