Constitutional Displacement

I have posted my most recent piece, entitled “Constitutional Displacement,” on SSRN. In recent First Amendment scholarship, I have focused on the intersection of speech and place or spatiality. This project, which is more expansive, considers the many respects in which governmental control of territory affects constitutional liberties. The draft can be downloaded here, and comments are of course welcome. Here is the abstract:

This Article examines the largely overlooked intersection between territory and constitutional liberty. Territoriality — the attempt to affect, influence, or control people, phenomena, and relationships by delimiting and asserting control over a geographic area — affects constitutional liberty in profound ways. The effects have been apparent in certain infamous historical episodes, including the hyper-territoriality of racial segregation, the internment of Japanese-Americans during World War II, and isolation of the sick and mentally ill. Today, governments are resorting to territorial restrictions in an increasing number of circumstances, including the detention of enemy combatants at Guantanamo Bay, the expulsion of illegal immigrants from local communities, the banishment of convicted sex offenders from vast geographic areas, the exclusion of homeless persons from public spaces, and the proposed isolation and quarantine of victims of pandemics and bio-terrorist attacks. These measures have produced what the Article refers to as Geographies of Justice, Membership, Punishment, Purification, and Contagion. Within these geographies persons and groups are subject to constitutional displacement – the territorial restriction or denial of fundamental liberties. The displacements examined in the Article substantially restrict or deny basic liberties including access to justice, migration, movement, communal and political membership, and the ability to be present in places of one’s own choosing. The Article demonstrates that the Constitution provides remarkably little protection from certain forms of displacement. Analyzing the Constitution itself as a spatial framework, one that relies upon place, geography, and territory for various purposes, the Article shows that displacement arises from extra-territorial and intra-territorial “spatial gaps” in text and structure. The Article proposes that these spatial gaps be narrowed or closed.

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2 Responses

  1. mjll says:

    Commenting about displacement,constitution and rights of individuals(as one person) and boundaries.

    You mentioned specifically the year 1982! Hollywood encased it in STAR WARS and ET HOME! Ronald Reagan was President of the United States and there was a star wars program which allowed economic stability with job creations in high technology. One person went home and the “tenets” of the resolution of WWII and the sixties in Georgia, USA took control of one person, one brain, and one mind. Soviet Georgia began experiencing civil war and came to Georgia, USA. The lack of boundary or regard for the consitiutional, civil, human rights, and spirit of one and then others with persistent legislative “rehashing” of the US Legislation, including freedom from slavery and enslavement, which was the emancipation proclamation ending Civil War in the US and U.S. Civil Liberties Laws beginning in 1871 – 1877. Following 1986, one entity of a coporation and a state goverment refused individual FICA earnings in an attempt to “cover up ” civil rights violations to one individual protected in U.S. Law since 1877, including minority status and civil rights law since 1983, when one young person considered 80,000 displaced and justified premature departure not understanding “war” only to experience violation of human rights and continued theft of intellect by blocking the memory of the individual with forced medications given while fabricating paper which violated Fifth Amendment rights and continuing to violate the spirits of individuals involved. Corporations had disregard for all international agreements which protected the environment of the planet and continued launching satellites and communications technical equipment and altering the ancient human design of beings medically and gained from intellectual endeavors when employments were pursued and state labor law condoned more displacement and no pecuniary return. The spirit was violated by others doing their politics and when one idividual person pursued political assylum and sought an executive order for eleven years, the U.S. General council communicated with she, but, provided no order to protect the rights of one individual. Does anyone know the words of JFK or Roosevelt, “when one person looses their freedom, we all lose our freedom” or the words of William F. Buckley who said, “with the onset of the social security system, we’ll see something far worse than communism”.

  2. mjll says:

    Commenting about displacement,constitution and rights of individuals(as one person) and boundaries.

    You mentioned specifically the year 1982! Hollywood encased it in STAR WARS and ET HOME! Ronald Reagan was President of the United States and there was a star wars program which allowed economic stability with job creations in high technology. One person went home and the “tenets” of the resolution of WWII and the sixties in Georgia, USA took control of one person, one brain, and one mind. Soviet Georgia began experiencing civil war and came to Georgia, USA. The lack of boundary or regard for the consitiutional, civil, human rights, and spirit of one and then others with persistent legislative “rehashing” of the US Legislation, including freedom from slavery and enslavement, which was the emancipation proclamation ending Civil War in the US and U.S. Civil Liberties Laws beginning in 1871 – 1877. Following 1986, one entity of a coporation and a state goverment refused individual FICA earnings in an attempt to “cover up ” civil rights violations to one individual protected in U.S. Law since 1877, including minority status and civil rights law since 1983, when one young person considered 80,000 displaced and justified premature departure not understanding “war” only to experience violation of human rights and continued theft of intellect by blocking the memory of the individual with forced medications given while fabricating paper which violated Fifth Amendment rights and continuing to violate the spirits of individuals involved. Corporations had disregard for all international agreements which protected the environment of the planet and continued launching satellites and communications technical equipment and altering the ancient human design of beings medically and gained from intellectual endeavors when employments were pursued and state labor law condoned more displacement and no pecuniary return. The spirit was violated by others doing their politics and when one idividual person pursued political assylum and sought an executive order for eleven years, the U.S. Whitehouse General council communicated with she, but, provided no order to protect the rights of one individual. Does anyone know the words of JFK or Roosevelt, “when one person looses their freedom, we all lose our freedom” or the words of William F. Buckley who said, “with the onset of the social security system, we’ll see something far worse than communism”.