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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

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

Gary Lawson

Guy Seidman

Publisher:
Yale University Press
DOI:10.12987/yale/9780300102314.003.0005

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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