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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.
The Supreme Court held in 1901 that since the Preamble declares the Constitution to have been created by the "People of the United States", "there may be places within the jurisdiction of the United States that are no part of the Union." [67] The following examples help demonstrate the meaning of this distinction: [68] Geofroy v.
Jacobson v. Massachusetts, 197 U.S. 11 (1905), was a United States Supreme Court case in which the Court upheld the authority of states to enforce compulsory vaccination laws. The Court's decision articulated the view that individual liberty is not absolute and is subject to the police power of the state.
The Supreme Court was initially made up of jurists who had been intimately connected with the framing of the Constitution and the establishment of its government as law. John Jay (New York), a co-author of The Federalist Papers, served as chief justice for the first six years.
Early in its history, in Marbury v.Madison (1803) and Fletcher v. Peck (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law.
The Insular Cases are a series of opinions by the Supreme Court in 1901 (the first six opinions in 182 U.S., at pages 1–397, all authored by Justice Henry Billings Brown, along with various concurring and dissenting opinions by other Justices), about the status of U.S. territories acquired in the Spanish–American War, such as the ...
Various authorities have listed what they consider are the legitimate constituents of the Insular Cases. Juan R. Torruella, a judge on the U.S. Court of Appeals for the First Circuit (the federal appeals court with jurisdiction over the Federal Court for the District of Puerto Rico), considers that the landmark decisions consist of six fundamental cases only, all decided in 1901: "strictly ...
This view was rejected by the United States Supreme Court in 1984: Nothing in the First Amendment or in this Court's case law interpreting it suggests that the rights to speak, associate, and petition require government policymakers to listen or respond to communications of members of the public on public issues. [18] See also Smith v.