АҚШ Жоғарғы Сотының «Аралдық Істер» сериясы

Series of U. S. Supreme Court cases

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. 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 territories were islands administered by the War Department's Bureau of Insular Affairs. Today, the categorizations and implications put forth by the Insular Cases still govern the United States' territories. When the war ended in 1898, the United States had to answer the question of whether or not people in newly acquired territories were citizens, a question the country had never faced before. 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. The Supreme Court held that full constitutional protection of rights does not automatically (or ex proprio vigore—i. e., of its own force) extend to all places under American control. This meant that inhabitants of unincorporated territories such as Puerto Rico—"even if they are U. S. citizens"—may lack some constitutional rights (e. g., the right to remain part of the United States in case of de annexation) because they were not part of the United States. Today, many legal scholars such as José Julián Álvarez González, Christina Burnett, and others refer to the Insular Cases as a constitutional justification for colonialism and annexation of places not within United States boundaries. The Insular Cases "authorized the colonial regime created by Congress, which allowed the United States to continue its administration—and exploitation—of the territories acquired from Spain after the Spanish–American War." These Supreme Court rulings allowed for the United States government to extend unilateral power over these newly acquired territories. The Court also established the doctrine of territorial incorporation, under which the Constitution applied fully only in incorporated territories such as Alaska and Hawaii. Incorporated territories are those that the United States Congress deems on a path to statehood. Meanwhile, the Supreme Court ruled the Constitution applied only partially in the newly unincorporated Puerto Rico, Guam and the Philippines. The Supreme Court created the distinction that unincorporated territories were not on the path to statehood, which effectively allowed for the Constitution to apply differently. The rulings are widely considered racist. The Downes v. Bidwell called the people of the insular areas "alien races" and the De Lima v. Bidwell ruling termed them "savage tribes." The Downes v. Bidwell case further suggested the administration of "alien races" may be "impossible". The District Court of the Virgin Islands called out the cases' "racist doctrine" and the era's "intrinsically racist imperialism". However, the Insular Cases soon set a precedent that the territories are not inherently part of the United States and therefore the Citizenship Clause or other portions of the United States Constitution do not automatically apply.

The Philippines was recognized as an independent country in 1946, following World War II. Guam and Puerto Rico have remained unincorporated territories and are two amongst the sixteen existing insular areas. Baldoz suggests that U. S. 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. Territory of Hawaii until 1959, when Palmyra was deliberately excluded from the new State of Hawaii by the Hawaii Admission Act, so Palmyra was left as a remnant of the old federal territory, still "incorporated", so the Constitution applies there in full. For 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. The incorporation doctrine's "uncertainty" has allowed U. S. courts the ability to discriminate against Puerto Rican plaintiffs on issues of individual welfare and entitlement into the current day. Amy Kaplan argues that the Insular Cases helped create the legal backing of the Guantánamo Bay Detention Camp in Guantánamo, Cuba, where constitutional rights "remain indeterminate".

Calero Toledo v. Pearson Yacht Leasing Co.,
Examining Bd. v. Flores de Otero,
Rodriguez v. Popular Democratic Party,
Puerto Rico v. Sanchez Valle,
Puerto Rico v. Franklin California Tax Free Trust,
Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, LLC,
Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc.,

Consejo de Salud Playa de Ponce v. Rullan. 586 F. Supp.2d 22 (2008). Consejo de Salud Playa de Ponce, et al., Plaintiffs v. Johnny Rullan, Secretary of Health of the Commonwealth of Puerto Rico, Defendant. Civil Nos. 06 1260(GAG), 06 1524(GAG). United States District Court, D. Puerto Rico. October 10, 2008. As Corrected November 10, 2008. Retrieved April 1, 2013. Opinion and Order: Consejo de Salud de la Playa de Ponce vs. Johnny Rullan, Secretary of Health of the Commonwealth of Puerto Rico. Gustavo A. Gelpi. USDC, D of Puerto Rico. San Juan, PR. Civil Numbers 06 1260 (GAG) and 06 1524 (GAG) (Consolidated). November 10, 2008. Retrieved April 1, 2013. Boumediene v. Bush 553 U. S. 723 (2008)
Reid v. Covert 354 U. S. 1 (1957)
Posadas de Puerto Rico Associates v. Tourism Company of Puerto Rico (478 U. S. 328) (1986)