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Does the Constitution Follow the Flag? – The Evolution of Territoriality in American Law - Oxford Scholarship Online
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Does the Constitution Follow the Flag?: The Evolution of Territoriality in American Law

Kal Raustiala

Abstract

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 rules apply? 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 hist ... More

Bibliographic Information

Print publication date: 2009 Print ISBN-13: 9780195304596
Published to Oxford Scholarship Online: November 2020 DOI:10.1093/oso/9780195304596.001.0001

Authors

Affiliations are at time of print publication.

Kal Raustiala, author