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These two documents precede the Insular Cases and set a precedent on the status of the United States' new territories prior to the Supreme Court's rulings. In addition to the Treaty of Paris and the Foraker Act, the Citizenship Clause found within the 14th Amendment of the United States Constitution informed the
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 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 ...
The Insular Cases were a series of rulings issued in the 1900s, soon after the U.S. had acquired Puerto Rico and other territories, in which the court said people in those jurisdictions did not ...
The resolution, introduced in 2021, would repudiate the so-called “Insular Cases,” a series of Supreme Court decisions that decreed limits to the… Civil rights groups call on House to pass ...
The term "insular" refers to the fact that the government operated under the authority of the Bureau of Insular Affairs. The Philippines also had an insular government at this time. From 1901 to 1922, the U.S. Supreme Court wrestled with the constitutional status of these governments in the Insular Cases. [6]
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 ...
The Supreme Court declined to consider whether American Samoans have U.S. citizenship at birth, a case that would have provided a review of the "Insular Cases."