Home Law Semblances of Sovereignty
book: Semblances of Sovereignty
Book
Licensed
Unlicensed Requires Authentication

Semblances of Sovereignty

The Constitution, the State, and American Citizenship
  • T. Alexander Aleinikoff
Language: English
Published/Copyright: 2002
View more publications by Harvard University Press

About this book

In a set of cases decided at the end of the 19th century, the Supreme Court declared that Congress had “plenary power” to regulate immigration, Indian tribes, and new territories. 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.

Reviews

Aleinikoff examines sovereignty, citizenship, and the broader concept of membership (aliens as well as citizens) in the American nation-state and suggests that American constitutional law needs ‘understandings of sovereignty and membership that are supple and flexible, open to new arrangements’… Sure to generate heated debate over the extent to which the rules governing immigration, Indian tribes, and American territories should be altered, this book is required reading for constitutional scholars.
-- R. J. Steamer Choice

This book not only provides careful analysis of U.S. Supreme Court and congressional relationships but also could lead to novel studies of rights and obligations in American society. Highly recommended.
-- Steven Puro Library Journal

What lends Aleinikoff’s work originality and importance is its synthetic range and the new insights that flow from bringing immigration, Indian, and territorial issues together, and taking on such much-criticized anomalies as the plenary power doctrine in their full ambit. In my view, he may well make good on his hope of helping to inspire a new field of sovereignty studies. Certainly, the idea of ‘problematizing’ national citizenship and national sovereignty is afoot in the law schools and, far more so, in sociology, political science, and in various interdisciplinary fields like American Studies, regional studies, and global political economy and cultural studies. To my knowledge, no one has written a synthetic treatment of these issues that compares with Aleinikoff’s in its mastery of constitutional law, its working knowledge or adjacent normative, historical and policy studies, and its intellectual clarity, stylistic grace, and morally sensitive but pragmatic political judgments.
-- William Forbath, University of Texas at Austin Law School

Amid the overflowing scholarship on American constitutional law, little has been written on this cluster of topics, which go to the core of what sovereignty under the Constitution means. Aleinikoff asks not only how we define ‘ourselves,’ but exactly who is authorized to place themselves in the category of insiders empowered to set limits excluding others. The book stands out as a novel, intriguing, and interesting analysis against the sea of sameness found in the constitutional literature.
-- Philip P. Frickey, Law School, University of California, Berkeley


Publicly Available Download PDF
i

Publicly Available Download PDF
vii

Publicly Available Download PDF
xi
SEMBLANCES OF SOVEREIGNTY

Requires Authentication Unlicensed

Licensed
Download PDF
1

Requires Authentication Unlicensed

Licensed
Download PDF
11

Requires Authentication Unlicensed

Licensed
Download PDF
39

Requires Authentication Unlicensed

Licensed
Download PDF
74

Requires Authentication Unlicensed

Licensed
Download PDF
95

Requires Authentication Unlicensed

Licensed
Download PDF
122

Requires Authentication Unlicensed

Licensed
Download PDF
151

Requires Authentication Unlicensed

Licensed
Download PDF
182

Requires Authentication Unlicensed

Licensed
Download PDF
199

Requires Authentication Unlicensed

Licensed
Download PDF
303

Publishing information
Pages and Images/Illustrations in book
eBook published on:
July 1, 2009
eBook ISBN:
9780674020153
Pages and Images/Illustrations in book
Main content:
320
Downloaded on 28.9.2025 from https://www.degruyterbrill.com/document/doi/10.4159/9780674020153/html
Scroll to top button