By Kal Raustiala
The Bush management has notoriously argued that detainees at Guantanamo don't get pleasure from constitutional rights simply because they're held outdoor American borders. yet the place do principles approximately territorial felony limits reminiscent of this one come from? Why does geography make a distinction for what felony principles follow? most folk intuitively remember that place impacts constitutional rights, however the felony and political foundation for territorial jurisdiction is poorly understood. during this novel and obtainable therapy of territoriality in American legislations and overseas coverage, Kal Raustiala starts by means of tracing the heritage of the topic from its origins in post-revolutionary the US to the Indian wars and abroad imperialism of the nineteenth century. He then takes the reader during the chilly warfare and the globalization period prior to final with a strong rationalization of America's try and bring up its extraterritorial strength within the post-9/11 global. As American strength has grown, our figuring out of extraterritorial criminal rights has multiplied too, and Raustiala illuminates why America's assumptions approximately sovereignty and territory have replaced. all through, he specializes in how the felony limits of territorial sovereignty have lowered to deal with the increasing American empire, and addresses how such limits should glance within the wake of Iraq, Afghanistan, and the struggle on terror. A well timed and interesting narrative, Does the structure keep on with the Flag? will switch how we expect approximately American territory, American legislation, and-ultimately-the altering nature of yankee energy.
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Extra resources for Does the Constitution Follow the Flag?: The Evolution of Territoriality in American Law
Other SOFAs are similar. In form, these accords very much resemble the extraterritoriality obtained via the unequal treaties of the nineteenth century, though they are less sweeping in scope—only members of the armed forces are covered—and more narrow in the legal insulation they provide. Due to the vast postwar presence of overseas American troops, however, many more individuals have been subject to extraterritoriality under SOFAs than had been subject to traditional extraterritoriality via the unequal treaties.
The Insular Cases declared that the Constitution only partly followed the flag to certain offshore colonies of the United States. Is Guantanamo Bay akin to these colonial possessions, or is it more like a foreign base leased from Germany? More profoundly, do any constitutional rights protect foreigners overseas? This last question is not only germane to the struggle against al Qaeda and other terrorist groups; the widespread deployment of American law enforcement officials overseas in recent decades raises it on a regular basis.
75 Not only are political movements and cleavages explicable in terms of international pressures and norms, he suggested, but domestic institutional development is often a product of global forces. ’’76 It is easy to see, for instance, how the rise of Nazism within Germany helped spawn the Second World War. The ‘‘second-image reversed’’ perspective looks in the opposite direction to show how systemic pressures not only drive states to adopt certain foreign policies—this is a fundamental tenet of realism—but also shape their internal structures and politics in profound ways.
Does the Constitution Follow the Flag?: The Evolution of Territoriality in American Law by Kal Raustiala
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