Does the Constitution Follow the Flag?: The Evolution of Territoriality in American Law

Paperback | September 29, 2011

byKal Raustiala

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The Bush Administration has notoriously argued that detainees at Guantanamo do not enjoy constitutional rights because they are held outside American borders. But where do rules about territorial legal limits such as this one come from? Why does geography make a difference for what legal rulesapply? Most people intuitively understand that location affects constitutional rights, but the legal and political basis for territorial jurisdiction is poorly understood. In this novel and accessible treatment of territoriality in American law and foreign policy, Kal Raustiala begins by tracing the history of the subject from its origins in post-revolutionary America to the Indian wars and overseas imperialism of the 19th century. He then takes the reader throughthe Cold War and the globalization era before closing with a powerful explanation of America's attempt to increase its extraterritorial power in the post-9/11 world. As American power has grown, our understanding of extraterritorial legal rights has expanded too, and Raustiala illuminates whyAmerica's assumptions about sovereignty and territory have changed. Throughout, he focuses on how the legal limits of territorial sovereignty have diminished to accommodate the expanding American empire, and addresses how such limits ought to look in the wake of Iraq, Afghanistan, and the war on terror. A timely and engaging narrative, Does the Constitution Followthe Flag? will change how we think about American territory, American law, and-ultimately-the changing nature of American power.

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The Bush Administration has notoriously argued that detainees at Guantanamo do not enjoy constitutional rights because they are held outside American borders. But where do rules about territorial legal limits such as this one come from? Why does geography make a difference for what legal rulesapply? Most people intuitively understand t...

Kal Raustiala writes and teaches in the areas of international law and international relations. He holds a joint appointment between the UCLA Law School and the UCLA International Institute, where he teaches in the Program on Global Studies. He is also director of the UCLA Ronald W. Burkle Center for International Relations.
Format:PaperbackDimensions:328 pages, 6.1 × 9.09 × 0.79 inPublished:September 29, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199858179

ISBN - 13:9780199858170

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Table of Contents

1. Territoriality in American Law2. Territory and the Republic3. The Imperial Constitution4. The Fall and Rise of Extraterritoriality5. America Abroad6. The Long Arm of the Law7. Offshoring the War on Terror8. Territoriality's Evolution