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The Insular Cases are a series of opinions by the Supreme Court of the United States in 1901 about the status of U.S. territories acquired in the Spanish–American War. [1] Some scholars also include cases regarding territorial status decided up until 1914, and others include related cases as late as 1979. The term "insular" signifies that the ...
Unincorporated unorganized territory. Compact of Free Association. In the law of the United States, an insular area is a U.S.-associated jurisdiction that is not part of a U.S. state or the District of Columbia. This includes fourteen U.S. territories administered under U.S. sovereignty, as well as three sovereign states each with a Compact of ...
Downes v. Bidwell, 182 U.S. 244 (1901), was a case in which the US Supreme Court decided whether US territories were subject to the provisions and protections of the US Constitution. The issue is sometimes stated as whether the Constitution follows the flag. The decision narrowly held that the Constitution does not necessarily apply to territories. Instead, the US Congress has jurisdiction to ...
The case is most notable for Footnote Four, in which Stone wrote that the Court would exercise a stricter standard of review when a law appears on its face to violate a provision of the United States Constitution, restricts the political process in a way that could impede the repeal of an undesirable law, or discriminates against "discrete and insular" minorities. Footnote Four would influence ...
Lawmakers join a renewed push for the Justice Department to condemn racist Supreme Court "Insular Cases" rulings that deprived U.S. territories of equal rights.
The Court applied the Insular Cases, by the fact that the United States, by virtue of its complete jurisdiction and control, maintains de facto sovereignty over this territory, while Cuba retained ultimate sovereignty over the territory, to hold that the aliens detained as enemy combatants on that territory were entitled to the writ of habeas ...
Insular Cases Justice Brown authored the Court's 1901 opinions in DeLima v. Bidwell and Downes v. Bidwell, two of the Insular Cases, considering the status of territories acquired by the U.S. in the Spanish–American War of 1898.
Supreme Court of the United States All territory under the control of the federal government is considered part of the "United States" for purposes of law. [3] From 1901 to 1905, the U.S. Supreme Court in a series of opinions known as the Insular Cases held that the Constitution extended ex proprio vigore to the territories. However, the Court in these cases also established the doctrine of ...