The Foraker Act, Pub. L. 56–191, 31 Stat. 77, enacted April 12, 1900, officially known as the Organic Act of 1900, is a United States federal law that established civilian government on the island of Puerto Rico, which had recently become a possession of the United States as a result of the Spanish–American War. Section VII of the Foraker Act also established Puerto Rican citizenship and extended American nationality to Puerto Ricans. President William McKinley signed the act on April 12, 1900 and it became known as the Foraker Act after its sponsor, Ohio Senator Joseph B. Foraker. Its main author has been identified as Secretary of War Elihu Root.
In the law of the United States, an insular area is a U.S.-associated jurisdiction that is not part of a U.S. state or the District of Columbia. This includes fourteen U.S. territories administered under U.S. sovereignty, as well as three sovereign states each with a Compact of Free Association with the United States. The term also may be used to refer to the previous status of the Swan Islands, Hawaii, Guam, Puerto Rico, and the Philippines, as well as the Trust Territory of the Pacific Islands when it existed.
Territories of the United States are sub-national administrative divisions overseen by the federal government of the United States. The American territories differ from the U.S. states and Indian reservations as they are not sovereign entities. In contrast, each state has a sovereignty separate from that of the federal government and each federally recognized Native American tribe possesses limited tribal sovereignty as a "dependent sovereign nation". Territories are classified by incorporation and whether they have an "organized" government through an organic act passed by the Congress. American territories are under American sovereignty and may be treated as part of the U.S. proper in some ways and not others. Unincorporated territories in particular are not considered to be integral parts of the U.S., and the U.S. Constitution applies only partially in those territories.
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.
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. Instead, the US Congress has jurisdiction to create law within territories in certain circumstances, particularly those dealing with revenue, which would not be allowed by the Constitution for US states. It has become known as one of the "Insular Cases".
Federico Degetau y González was a Puerto Rican politician, lawyer, writer, author, and the first Resident Commissioner of Puerto Rico to the United States House of Representatives.
Balzac v. Porto Rico, 258 U.S. 298 (1922), was a case in which the Supreme Court of the United States held that certain provisions of the U.S. Constitution did not apply to territories not incorporated into the union. It originated when Jesús M. Balzac was prosecuted for criminal libel in a district court of Puerto Rico. Balzac declared that his rights had been violated under the Sixth Amendment to the U.S. Constitution as he was denied a trial by jury since the code of criminal procedure of Puerto Rico did not grant a jury trial in misdemeanor cases. In the appeal, the U.S. Supreme Court affirmed the judgments of the lower courts on the island in deciding that the provisions of the Constitution did not apply to a territory that belonged to the United States but was not incorporated into the Union. It has become known as one of the "Insular Cases".
The islands of Samoa were originally inhabited by humans as early as 1000 BC. After being invaded by European explorers in the 18th century, by the 20th and 21st century, the islands were incorporated into Samoa and American Samoa.
The Bureau of Insular Affairs was a division of the United States Department of War that oversaw civil administration aspects of several U.S. territories from 1898 until 1939.
The United States has land borders with only Canada and Mexico, both of them long. It has maritime boundaries with many countries due to its extensive exclusive economic zone (EEZ). All of its maritime borders with Canada are at least partially disputed, and its territorial claims on three Caribbean islands are disputed.
Canton Railroad Company v. Rogan, 340 U.S. 511 (1951), is a case in which the United States Supreme Court held that a state franchise tax upon the services performed by a railroad in handling imported and exported goods did not violate the Import-Export Clause of the United States Constitution.
Isabel González was a Puerto Rican activist who helped pave the way for Puerto Ricans to be given United States citizenship. As a young unwed pregnant woman, González had her plans to find and marry the father of her unborn child derailed by the United States Treasury Department when she was excluded as an alien "likely to become a public charge" upon her arrival in New York City. González challenged the Government of the United States in the groundbreaking case Gonzales v. Williams. Officially the case was known as Isabella Gonzales, Appellant, v. William Williams, United States Commissioner of Immigration at the Port of New York No. 225, argued December 4, 7, 1903, and decided January 4, 1904. Her case was an appeal from the Circuit Court of the United States for the Southern District of New York, filed February 27, 1903, after also having her writ of habeas corpus dismissed. Her Supreme Court case is the first time that the Court confronted the citizenship status of inhabitants of territories acquired by the United States. González actively pursued the cause of U.S. citizenship for all Puerto Ricans by writing letters published in The New York Times.
The legal system of Puerto Rico is a mix of the civil law and the common law systems.
The Commonwealth of Puerto Rico is an unincorporated territory of the United States. As such, the archipelago and island of Puerto Rico is neither a sovereign nation nor a U.S. state.
The political status of Puerto Rico has ramifications into many spheres of Puerto Rican life, and there are limits to the level of autonomy the Puerto Rican government has. For example, the Island's government is not fully autonomous, and the level of federal presence in the Island is common place, including a branch of the United States Federal District Court. There are also implications relative to the American citizenship carried by people born in Puerto Rico. Specifically, although people born in the Commonwealth of Puerto Rico are natural born U.S. citizens, their citizenship is not protected by the Citizenship Clause of the 14th Amendment to the U.S. Constitution. As such, the American citizenship of Puerto Ricans can be taken away by the U.S. Congress unilaterally. Puerto Ricans are also covered by a group of "fundamental civil rights" but, since Puerto Rico is not a state, Puerto Ricans are not covered by the full American Bill of Rights. As for taxation, Puerto Ricans pay U.S. federal taxes, but most residents of the island are not required to file federal income tax returns. Representation-wise, Puerto Ricans have no voting representative in the U.S. Congress, but do have a Resident Commissioner who has a voice in Congress. Puerto Ricans must also serve in the United States military anytime conscription is ordered, with the same duties as a US citizen residing in the 50 states.
Puerto Rico v. Sanchez Valle, 579 U.S. 59 (2016), is a criminal case that came before the Supreme Court of the United States, which considered whether Puerto Rico and the federal government of the United States are separate sovereigns for purposes of the Double Jeopardy Clause of the United States Constitution.
Article I, § 10, clause 2 of the United States Constitution, known as the Import-Export Clause, prevents the states, without the consent of Congress, from imposing tariffs on imports and exports above what is necessary for their inspection laws and secures for the federal government the revenues from all tariffs on imports and exports. Several nineteenth century Supreme Court cases applied this clause to duties and imposts on interstate imports and exports. In 1869, the United States Supreme Court ruled that the Import-Export Clause only applied to imports and exports with foreign nations and did not apply to imports and exports with other states, although this interpretation has been questioned by modern legal scholars.
Tariff engineering refers to design and manufacturing decisions made primarily so that the manufactured good is classified at a lower rate for tariffs than it would have been absent those decisions. It is a loophole whereby an importer pays a lower tariff by changing the intended import such that the importer has a lesser tariff burden.
United States v. Vaello Madero, 596 U.S. ___ (2022), was a United States Supreme Court case related to the constitutionality of the exclusion of United States citizens residing in Puerto Rico from the Supplemental Security Income program. In an 8–1 decision, the Court ruled that as Congress had been granted broad oversight of United States territories by Article Four of the United States Constitution, the exclusion of the territories by Congress from programs like Supplemental Security Income did not violate the Due Process Clause of the Fifth Amendment.
