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The Constitution of EmpireTerritorial Expansion and American Legal History$
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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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Constitutional Architecture I: Territorial Legislatures and Executives

Constitutional Architecture I: Territorial Legislatures and Executives

(p.121) 4 Constitutional Architecture I: Territorial Legislatures and Executives
The Constitution of Empire

Gary Lawson

Guy Seidman

Yale University Press

This chapter discusses the three ways in which the United States can acquire territories. There are three clauses in the constitution that speak to the matter of territorial governance; two of those grant powers to the Congress and one grants powers to the President. Each clause has its own realm of application: the District Clause applies to the nation's capital and federal enclaves, within the states; the Territories Clause applies to federal territories acquired by the United States; and the Article II Vesting Clause applies to the territories under American military occupation, which has not been formally acquired.

Keywords:   constitution, territorial governance, Congress, President, United States

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