Strangers To The Constitution

Gerald Neuman discusses in historical and contemporary terms the repeated efforts of U.S. insiders to claim the Constitution as their exclusive property and to deny constitutional rights to aliens and immigrants--and even citizens if they are outside the nation's borders. Tracing such efforts from the debates over the Alien and Sedition Acts in 1798 to present-day controversies about illegal aliens and their children, the author argues that no human being subject to the governance of the United States should be a "stranger to the Constitution." Thus, whenever the government asserts its power to impose obligations on individuals, it brings them within the constitutional system and should afford them constitutional rights. In Neuman's view, this mutuality of obligation is the most persuasive approach to extending constitutional rights extraterritorially to all U.S. citizens and to those aliens on whom the United States seeks to impose legal responsibilities. Examining both mutuality and more flexible theories, Neuman defends some constitutional constraints on immigration and deportation policies and argues that the political rights of aliens need not exclude suffrage. Finally, in regard to whether children born in the United States to illegally present alien parents should be U.S. citizens, he concludes that the Constitution's traditional shield against the emergence of a hereditary caste of "illegals" should be vigilantly preserved.

Gerald Neuman discusses in historical and contemporary terms the repeated efforts of U.S. insiders to claim the Constitution as their exclusive property and to deny constitutional rights to aliens and immigrants--and even citizens if they are outside the nation's borders. Tracing such efforts from the debates over the Alien and Sedition Acts in 1798 to present-day controversies about illegal aliens and their children, the author argues that no human being subject to the governance of the United States should be a "stranger to the Constitution." Thus, whenever the government asserts its power to impose obligations on individuals, it brings them within the constitutional system and should afford them constitutional rights. In Neuman's view, this mutuality of obligation is the most persuasive approach to extending constitutional rights extraterritorially to all U.S. citizens and to those aliens on whom the United States seeks to impose legal responsibilities. Examining both mutuality and more flexible theories, Neuman defends some constitutional constraints on immigration and deportation policies and argues that the political rights of aliens need not exclude suffrage. Finally, in regard to whether children born in the United States to illegally present alien parents should be U.S. citizens, he concludes that the Constitution's traditional shield against the emergence of a hereditary caste of "illegals" should be vigilantly preserved.

In this book Donald Jackson unravels the complex meanings of equal protection doctrine and its various interpretations over the last 134 years. He explores the conceptual basis for a variety of "pecking orders" (or discriminations) - most notably race and sex, but also wealth, occupation, and education - that have been used to justify special privilege, status, or rewards. He also examines the tensions between equal protection and American individualism, offering possible ways to resolve apparently intractable conflicts between individualism and affirmative action policies. Jackson argues that an assumption of human equality is always appropriate and that the burden of proof should be on those who want to justify treating people differently, for whatever reason. Our long-standing difficulty, he contends, has not been with the principle of equality but with the inferior reasons we have accepted for deviating from that principle. Deliberately cast for the general reader, this study should widen the public understanding of equality and raise the level of the debates that surround it.

"Hezel has written an authoritative and engaging narrative of [a] succession of colonial regimes, drawing upon a broad range of published and archival sources as well as his own considerable knowledge of the region. This is a ‘conventional’ history, and a very good one, focused mostly on political and economic developments. Hezel demonstrates a fine understanding of the complicated relations between administrators, missionaries, traders, chiefs and commoners, in a wide range of social and historical settings." —Pacific Affairs "The tale [of Strangers in Their Own Land] is one of interplay between four sequential colonial regimes (Spain Germany, Japan, and the United States) and the diverse island cultures they governed. It is also a tale of relationships among islands whose inhabitants did not always see eye-to-eye and among individuals who fought private and public battles in those islands. Hezel conveys both the unity of purpose exerted by a colonial government and the subversion of that purpose by administrators, teachers, islands, and visitors.... [The] history is thoroughly supported by archival materials, first-person testimonies, and secondary sources. Hezel acknowledges the power of the visual when he ends his book by describing the distinctive flags that now replace Spanish, German, Japanese, and American symbols of rule. the scene epitomizes a theme of the book: global political and economic forces, whether colonial or post-colonial, cannot erode the distinctiveness each island claims."—American Historical Review

The U.S. detention center at Guantánamo Bay has long been synonymous with torture, secrecy, and the abuse of executive power. It has come to epitomize lawlessness and has sparked protracted legal battles and political debate. For too long, however, Guantánamo has been viewed in isolation and has overshadowed a larger, interconnected global detention system that includes other military prisons such as Bagram Air Base in Afghanistan, secret CIA jails, and the transfer of prisoners to other countries for torture. Guantánamo is simply—and alarmingly—the most visible example of a much larger prison system designed to operate outside the law. Habeas Corpus after 9/11 examines the rise of the U.S.-run global detention system that emerged after 9/11 and the efforts to challenge it through habeas corpus (a petition to appear in court to claim unlawful imprisonment). Habeas expert and litigator Jonathan Hafetz gives us an insider’s view of the detention of “enemy combatants” and an accessible explanation of the complex forces that keep these systems running. In the age of terrorism, some argue that habeas corpus is impractical and unwise. Hafetz advocates that it remains the single most important check against arbitrary and unlawful detention, torture, and the abuse of executive power.