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The preliminary answer came from a series of Supreme Court rulings, now known as the Insular Cases, which responded to the question of how American constitutional rights apply to those in United States territories.
20 Μαρ 2020 · The Insular Cases refers to a series of Supreme Court decisions made beginning in 1901 concerning the constitutional rights afforded to residents of the overseas territories the U.S. had acquired in the Treaty of Paris: Puerto Rico, Guam, and the Philippines, as well as (eventually), the U.S. Virgin Islands, American Samoa, and the Northern ...
From the decree of the circuit court, the underwriters appealed to this Court, and the question was argued whether the circuit court was correct in drawing a distinction between territories existing at the date of the Constitution and territories subsequently acquired.
3 Μαΐ 2024 · The Court could officially overturn the Insular Cases, rejecting their racial underpinnings, colonialist impulses, and the distinction they drew between incorporated and unincorporated territories, thus helping chart a path toward greater self-determination and participation in national government.
17 Οκτ 2022 · The Supreme Court will not reconsider the Insular Cases, a widely criticized and racist group of early 20th-century decisions holding that the residents of U.S. territories do not automatically enjoy all of the rights protected by the Constitution.
18 Μαρ 2014 · More than 100 years after the U.S. Supreme Court decided a series of cases that left citizens of territories including Puerto Rico, Guam and the American Samoa with only limited Constitutional rights, Harvard Law School hosted a conference to reconsider the so-called Insular Cases and the resonance they continue to hold today.
This Article calls on the Supreme Court to overrule—rather than repurpose—the Insular Cases, and it points to constitutional doctrines beyond their reach that can preserve cultural practices without spawning a crisis of political illegitimacy in the unincorporated territories.
