Abstract

http://ssrn.com/abstract=2034578
 


 



Necessities of State: Police, Sovereignty, and the Constitution


Christopher L. Tomlins


University of California, Irvine School of Law

2008

The Journal of Policy History, Vol. 20, No.1, 2008
UC Irvine School of Law Research Paper No. 2012-27

Abstract:     
Over the last fifteen years, legal historians have been exploring conceptualizations of the state and state capacity as phenomena of police. In this essay, I offer a genealogy of police in nineteenth-century American constitutional law. I examine relationships among several distinct strands of development: domestic regulatory law, notably the commerce power; the law of indigenous peoples and immigrants; and the law of territorial acquisition. I show that in state and federal juridical discourse, police expresses unrestricted and undefined powers of governance rooted in a discourse of sovereign inheritance and state necessity, culminating in the increasingly pointed claim that as a nation-state the United States possesses limitless capacity β€œto do all acts and things which independent states may of right do.”

Number of Pages in PDF File: 19

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Date posted: April 4, 2012  

Suggested Citation

Tomlins, Christopher L., Necessities of State: Police, Sovereignty, and the Constitution (2008). The Journal of Policy History, Vol. 20, No.1, 2008; UC Irvine School of Law Research Paper No. 2012-27. Available at SSRN: http://ssrn.com/abstract=2034578 or http://dx.doi.org/10.2139/ssrn.2034578

Contact Information

Christopher L. Tomlins (Contact Author)
University of California, Irvine School of Law ( email )
535A Administration
Irvine, CA 92697-1000
United States
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