Abstract
Building on the work of Charles Black, the article argues that the structure of the Constitution mitigates in favor of finding that the rights and limits protected should extend beyond the water’s edge to anywhere the United States government acts. After defining structuralism, providing examples, and addressing potential critiques and counterarguments to the reliance on constitutional structure, the article makes an important original contribution by applying this framework to the extraterritorial reach of the document. It provides a brief history of the Court’s treatment of the question of extraterritoriality before providing a comprehensive theory for determining when courts should extend its protections abroad.
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