Insular Cases

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The Insular Cases are several U.S. Supreme Court cases decided early in the 20th century. The cases were in essence the court's response to a major issue of the United States presidential election, 1900 and the American Anti-Imperialist League, summarized by the phrase "Does the Constitution follow the flag?" Essentially, the Supreme Court said that full constitutional rights did not automatically extend to all areas under American control.

In 1898, the United States annexed Hawaii. Also during that year, the Treaty of Paris (which entered into force April 11, 1899) ended the Spanish American War and the United States gained the islands of the Philippines, Puerto Rico, and Guam. Additionally, Cuba remained under the jurisdiction of the United States Military Government until its independence on May 20, 1902. At the time, there was a debate on how to govern these new territories since nothing was said about it in the U.S. Constitution. In the Insular (i.e., island-related) Cases, the Supreme Court of the United States established the framework for applying the Constitution to these islands.

[edit] List of Insular Cases

There is no authoritative list of Insular Cases; the term at a minimum applies to several 1901 cases but certain later decisions are sometimes also included:

• DeLima v. Bidwell, 182 U.S. 1 (1901) Argued: January 8-11, 1901 Decided: May 27, 1901
• Goetze v. United States, 182 U.S. 221 (1901) Argued: December 17- 20, 1900; January 14-15, 1901. Decided: May 27, 1901
• Armstrong v. United States, 182 U.S. 243 (1901) Argued: January 8-11, 1901. Decided: May 27, 1901
• Downes v. Bidwell, 182 U.S. 244 (1901) Argued: January 8-11, 1901. Decided: May 27, 1901
• Huus v. New York & Porto Rico S.S. Co., 182 U.S. 392 (1901) Argued: January 11, 14, 1901. Decided: May 27, 1901
• Dooley v. United States, 183 U.S. 151 (1901) Argued: January 8-11, 1901. Decided: December 2, 1901
• Fourteen Diamond Rings v. United States, 183 U.S. 176 (1901) Argued: December 17-20, 1900. Decided: December 2, 1901
• Hawaii v. Mankichi, 190 U.S. 197 (1903)
• Kepner v. United States, 195 U.S. 100 (1904)
• Dorr v. United States, 195 U.S. 138 (1904)
• Gonzales v. Williams, 192 U.S. 1 (1904)
• Rasmussen v. United States, 197 U.S. 516 (1905)
• Dowdell v. United States, 221 U.S. 325 (1911)
• Ocampo v. United States, 234 U.S. 91 (1914)
• Balzac v. Porto Rico, 258 U.S. 298 (1922)
• Torres v. Puerto Rico, , 442 U.S. 465 (1979)

[edit] See also

• Insular areas
• Guano Islands Act
• Philippines
• Puerto Rico

[edit] Further reading

• A lawyer's website on Island Law
• Torruella, Juan (1988). The Supreme Court and Puerto Rico: The Doctrine of Separate and Unequal. San Juan: Editorial de la Universidad de Puerto Rico. ISBN 0-8477-3019-0.