The Story of Downes v. Bidwell: 'The Constitution Follows the Flag...But Doesn't Quite Catch Up with It'
RACE LAW STORIES, Rachel F. Moran and Devon W. Carbado, eds., Foundation Press 2008
37 Pages Posted: 31 Oct 2009 Last revised: 25 Jun 2014
Date Written: 2008
A study of the principal decision of the Insular Cases of 1901, which has provided constitutional authorization for the U.S. territorial empire for over a century. The cases were most recently referenced by the U.S. Supreme Court in its 2008 opinion in Boumediene v. Bush.
Keywords: Constitutional Law, Guantanamo, War on Terror, Colonialism, Critical Race Theory, Law and Culture, Law and Society
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