THE INSULAR CASES:
THE SUPREME COURT
ESTABLISHED A NEW TERRITORIAL DOCTRINE
In a series of decisions known as the

Insular Cases

(1901-

1922)2, the U.S. Supreme Court had a major role in establishing
a territorial doctrine which influenced the subsequent direction
of territorial policy.
The Insular Cases established the doctrine

of

incorporation

which

distinguished

between

unincorpor-

ated territories which were partially protected by the Constitu-

tion and incorporated territories
protection of the Constitution.
As
ritories had an inherent right to
but an unincorporated territory did
In

separate

decisions,

the

which were guaranteed full
a result, incorporated terbe considered for statehood
not.

Court

declared

Puerto

Rico

and

the Philippines as unincorporated territories; Alaska and Hawaii

were defined as incorporated and eventually became states.
the current flag territories are unincorporated.
over

The Insular Cases
the territories,

enabled it to exercise
Significantly different

All

reaffirmed Congress' complete authority
and the new doctrine of incorporation

authority in the offshore territories
from that for the contiguous territo-

ries.
In effect, unincorporated territories were accorded a
lesser status than incorporated territories, since they were not
granted full rights under the Constitution.
The fundamental
distinction between the two types of territorial status placed

the offshore territories in a legal “holding pattern" which
implied that they would have to undergo an indefinite period of

development before final status was resolved.
-CURRENT POLICY ADVOCATES
SELF~DETERMINATION
The United States currently advocates
determined political,
economic and social

its

territories

2In

the

and

insular

areas.

The

a policy of selfdevelopment toward

principle

of

self-

determination has remained a fundamental U.S. policy objective
since the end of World War II, and has been reaffirmed by all

(1901))

of

1900,

principal

case

(Downes V.

Bidwell,

182,

U.S.

244,287

the Court had to determine if Puerto Rico's Organic Act

which imposed temporary duties on exports, conflicted

with
the
constitution's
uniformity
clause.
This
clause
required that ". . . all Duties, Imports, and Excises should be

uniform throughout the United States."
Paris, unlike all previous territorial
provisions for
corporated and
ity clause.

9000214

Because the Treaty of |
acts, did not contain

incorporation, Puerto Rico was held to be uninthus the Congress was not bound by the uniform-

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