American Empire in the 20th Century: Transformations in Law and Representation

Session Submission Type: Full Paper Panel

Session Description

The Insular Cases, a series of Supreme Court decisions during the early 20th century, established the doctrine of territorial incorporation, which frees the federal government from constitutional constraints with respect to the governance of the unincorporated territories. Recent efforts to challenge and overturn the Insular Cases have cast a spotlight on their enduring relevance and the development of overseas American empire in the 20th century. Against this backdrop, this panel titled “American Empire in the 20th Century: Transformations in Law, Citizenship, and Representation” emerges as an important exploration into the multifaceted dynamics that have shaped the United States’ imperial trajectory. Situated at the intersection of constitutional law and American Political Development, this panel contributes to a growing body of research that critically examines domination and explores how the American state and legal structures both shape and are shaped by imperial forces.

This panel reconceptualizes the transformations that took place during the 20th century and considers their long-lasting impacts on present-day territorial and indigenous politics. Austin Bussing (Trinity University) and Elliot Mamet (Princeton University) examine the development of the Resident Commissioner position—permitted to debate but not vote—and uncover the central role of race in this simultaneous institutionalization of American empire in Congress and attempt to reconcile liberal democracy with empire. Ross Dardani (Muhlenberg College) argues that “color-blind” interpretations of the Equal Protection Clause of the 14th Amendment and the Universal Declaration of Human Rights serve to legitimate global imperialism in the post-World War II era. Maye Henning (University of Portland) reexamines Hawai’i’s path to statehood. Situated between settler colonialism and overseas empire, Henning posits that Hawai’i was put on a path to U.S. statehood well before its annexation in 1898, thus revealing American settler colonialism as a transpacific practice. Charles R. Venator-Santiago (University of Connecticut) traces the extension of citizenship to unincorporated territories. Venator-Santiago argues that this citizenship is anchored in the 14th Amendment, refuting claims that the Citizenship Clause cannot apply to unincorporated territories. Discussant Rogers Smith is well-positioned to provide expertise on citizenship and American constitutional development in the context of American empire.

Sub Unit

• Division 7: Politics and History

Individual Presentations

• The Resident Commissioner from Puerto Rico and the Philippines to Congress - Austin Bussing, Trinity University; Elliot J, Mamet, Princeton University

• The Influence of Equal Protection Jurisprudence and the U.N. UDHR on U.S. Empire - Ross Dardani, Muhlenberg College

• The Fiftieth State: Rethinking Hawaiʻi’s Path to Incorporation - Maye Henning, University of Portland

• Can the 14th Amendment’s Citizenship Clause Apply to Unincorporated Territories? - Charles R. Venator-Santiago, University of Connecticut

Chair

• Julie L. Novkov University at Albany, SUNY

Discussant

• Rogers M. Smith University of Pennsylvania