13 Facts About Insular Cases

1.

Insular Cases are a series of opinions by the Supreme Court of the United States in 1901 about the status of US territories acquired in the Spanish–American War.

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2.

The preliminary answer came from a series of Supreme Court rulings, now known as the Insular Cases, which responded to the question of how American constitutional rights apply to those in United States territories.

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3.

Soon, the precedent from the Insular Cases became very different from early interpretations of the Citizenship Clause.

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4.

Juan R Torruella, a judge on the US Court of Appeals for the First Circuit, considers that the landmark decisions consist of six fundamental cases only, all decided in 1901: "strictly speaking the Insular Cases are the original six opinions issued concerning acquired territories as a result of the 1898 Treaty of Paris".

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5.

Constitutional law professor Efren Rivera-Ramos argues that the "Insular Cases" designation has been extended beyond the first nine cases in 1901 to include additional cases decided between 1903 and 1914:.

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6.

The most important doctrinal lines from the Insular Cases include the idea of incorporated and unincorporated territories and the overarching principle that the Constitution does not inherently extend to unincorporated territories.

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7.

Insular Cases came at a time when America was building its empire.

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8.

The reaction within the United States to the Insular Cases decisions was no different, with both supporters and dissenters voicing their opinions.

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9.

Political debate surrounding the Insular Cases was split between expansionists and anti-expansionists, which largely followed Democratic-Republican party lines.

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10.

Insular Cases have been criticized for having been inconsistent in application between the two largest insular territories, the Philippines and Puerto Rico.

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11.

Baldoz suggests that US rule over Puerto Rico as a result of the Insular Cases previewed attempts in the 20th century at American attempts at interventionism and occupation in Latin America.

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12.

Puerto Rico, the outcomes of the Insular Cases laid a foundation for the modern "political question" of Puerto Rican status in relation to the United States, in which Puerto Ricans continue to be classified as alien.

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13.

Amy Kaplan argues that the Insular Cases helped create the legal backing of the Guantanamo Bay Detention Camp in Guantanamo, Cuba, where constitutional rights "remain indeterminate".

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