Jonah Patel
The question of whether people in US territories are protected by the Constitution has been a matter of debate for over a century. While the Supreme Court has ruled that residents of US territories beyond the mainland do not enjoy all the rights guaranteed by the Constitution, they are still protected by its most fundamental guarantees. This has led to a process of 'picking and choosing' which rights apply, with mixed results. The issue of constitutional citizenship in US territories is a complex one, with Congress having already extended statutory citizenship to some territories, while others are considered ''unincorporated' and administered without constitutional protections.
| Characteristics | Values |
|---|---|
| Residents of US territories beyond the mainland have the same constitutional rights as US residents | False |
| Residents of US territories beyond the mainland have some constitutional rights | True |
| Congress has extended the full range of constitutional protections enjoyed by US residents in territories that have been incorporated as a part of the country by congressional action | True |
Explore related products
What You'll Learn
The Supreme Court's rulings on the Constitution's application outside the US
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party".
The Supreme Court has the final say over when a right is protected by the Constitution or when a Constitutional right is violated. In subsequent cases, the Court also established its authority to strike down state laws found to be in violation of the Constitution. Before the passage of the Fourteenth Amendment (1869), the provisions of the Bill of Rights were only applicable to the federal government. After the Amendment's passage, the Supreme Court began ruling that most of its provisions were applicable to the states as well.
The Supreme Court can also leave state constitutional space when it rules against or minimises federal constitutional rights in a single case rather than a whole category of cases. For example, a fact-specific search-and-seizure claim might fail in the Supreme Court under the applicable test but leave room for state courts to reach a more protective outcome under different facts as a matter of both federal and state constitutional law. Even where state constitutional space exists, a Supreme Court ruling limiting federal rights can still exert a “gravitational force” on state constitutional second looks at the matter.
Felons' Voting Rights: Constitutional Protection or State Decision?
You may want to see also
The Fourteenth Amendment and citizenship
The Fourteenth Amendment guarantees citizenship to “ [a]ll persons born or naturalized in the United States and subject to the jurisdiction thereof”. However, the Supreme Court has ruled that residents of US territories beyond the mainland do not enjoy all of the rights guaranteed by the Constitution, but can expect to be protected by the most fundamental guarantees.
The judicial term "unincorporated" was coined to legitimise the late-19th-century territorial acquisitions without citizenship and their administration without constitutional protections until Congress made other provisions. Congress has extended the full range of constitutional protections enjoyed by United States residents in territories that have been incorporated as a part of the country by congressional action.
Congress may legislate directly with respect to the local affairs of a territory, or it may delegate that power to the territories, except as limited by the Constitution. Congress has prohibited territorial legislatures from enacting local or special laws on enumerated subjects. Congress has also extended statutory citizenship to the territories.
Disabled Parking: A Constitutional Right?
You may want to see also
The Insular Cases
The question of whether individuals in US territories are protected by the Constitution has been a subject of debate for over a century. The Supreme Court has attempted to clarify when the Constitution applies outside the borders of the nation, but the process of determining which rights apply to territorial residents has been complex and inconsistent.
Congress has the power to legislate directly with respect to the local affairs of a territory or to delegate that power to the territories. Congress has also extended the full range of constitutional protections enjoyed by United States residents in territories that have been incorporated as a part of the country by congressional action. However, the judicial term "unincorporated" was coined to legitimise late-19th-century territorial acquisitions without citizenship and their administration without constitutional protections until Congress made other provisions. This allowed Congress to impose discriminatory tax regimes on territorial regions that were not domestic states.
The issue of constitutional citizenship in US territories is a complex and ongoing debate. While Congress has extended statutory citizenship to some territories, the question of whether individuals in all US territories are entitled to the same rights and protections as those on the mainland remains uncertain. This uncertainty extends beyond American Samoa, where residents have questioned whether they are protected by the Constitution's grant of birthright citizenship.
Who Does the US Constitution Protect? Judge Naplitano Explains
You may want to see also
Explore related products
$39.95 $39.95
The judicial term unincorporated
The judicial term 'unincorporated' was coined to legitimise the late-19th-century territorial acquisitions without citizenship and their administration without constitutional protections temporarily until Congress made other provisions. The case law allowed Congress to impose discriminatory tax regimes with the effect of a protective tariff upon territorial regions which were not domestic states.
In 2022, the United States Supreme Court held that the territorial clause of the constitution allowed wide congressional latitude in mandating "reasonable" tax and benefit schemes in Puerto Rico and the other territories, which are different from the states, but did not address the incorporated/unincorporated distinction.
The Supreme Court has been attempting to sort out when the Constitution applies outside the borders of the nation since 1901. In a series of rulings in the first two decades of the 20th century, now known together as the Insular Cases, the court ruled that residents of US territories beyond the mainland did not enjoy all of the rights guaranteed by the Constitution, but could expect to be protected by the most fundamental guarantees. The process of picking and choosing has continued since then, and the results have been mixed.
Congress has extended the full range of constitutional protections enjoyed by United States residents in territories that have been incorporated as a part of the country by congressional action.
The Constitution: Safeguarding Citizens from Illegal Searches and Seizures
You may want to see also
The territorial clause of the Constitution
In a series of opinions by the Supreme Court of the United States, referred to as the Insular Cases, the Court ruled that the territories belonged to, but were not part of, the United States. Therefore, under the Territorial clause, Congress has the power to determine which parts of the Constitution apply to the territories.
In the territories, Congress has the entire dominion and sovereignty, national and local, and has full legislative power over all subjects upon which a state legislature might act. Congress may legislate directly with respect to the local affairs of a territory or it may transfer that function to a legislature elected by the citizens thereof, which will then be invested with all legislative power except as limited by the Constitution of the United States and acts of Congress.
The constitutional guarantees of private rights are applicable in territories that have been made a part of the United States by congressional action but not in unincorporated territories.
Patent Rights: Constitutional Protection or Legislative Loophole?
You may want to see also
Frequently asked questions
People in US territories are not protected by the full range of constitutional rights. However, they are protected by the most fundamental guarantees.
The Fourteenth Amendment guarantees citizenship to "all persons born or naturalized in the United States and subject to the jurisdiction thereof".
The judicial term is "unincorporated".
![Constitutional Law [Connected eBook with Study Center] (Aspen Casebook)](https://m.media-amazon.com/images/I/61qrQ6YZVOL._AC_UY218_.jpg)
