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The Constitution of EmpireTerritorial Expansion and American Legal History$
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The Constitution of Empire: Territorial Expansion and American Legal History

Gary Lawson and Guy Seidman

Print publication date: 2004

Print ISBN-13: 9780300102314

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300102314.001.0001

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Forms: Trouble with Texas?

Forms: Trouble with Texas?

Chapter:
(p.86) 2 Forms: Trouble with Texas?
Source:
The Constitution of Empire
Author(s):

Gary Lawson

Guy Seidman

Publisher:
Yale University Press
DOI:10.12987/yale/9780300102314.003.0003

This chapter explores American acquisitions through 1846, along with the acquisition of the Guano Islands in the latter part of the nineteenth century, and aims to flesh out the appropriate forms of acquisition. A treaty is an appropriate mechanism for acquisitions as long as the acquisition implements a constitutionally mandated power, such as the power to admit new states. The chapter goes on to explore whether it is possible for an acquisition by statute and by discovery.

Keywords:   acquisition, treaty, constitutionally mandated power, nineteenth century

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