Downes v. Bidwell | |
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Argued January 8–11, 1901 Decided May 27, 1901 | |
Full case name | Samuel Downes v. George R. Bidwell |
Citations | 182 U.S. 244 ( more ) 21 S. Ct. 770; 45 L. Ed. 1088 |
Holding | |
The Constitution does not necessarily apply to territories. Instead, 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 states within the union. | |
Court membership | |
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Case opinions | |
Plurality | Brown |
Concurrence | White, joined by Shiras, McKenna |
Concurrence | Gray |
Dissent | Fuller, joined by Harlan, Brewer, Peckham |
Dissent | Harlan |
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".
The case specifically concerned a merchant, Samuel Downes, who owned S. B. Downes & Company. His company had imported oranges into the Port of New York from the newly-acquired territory of Puerto Rico and had been forced to pay import duties on them. He sued George R. Bidwell, the US customs inspector for the port of New York.
The Supreme Court in DeLima v. Bidwell had decided that ever since Puerto Rico had been acquired by the United States from Spain in the Treaty of Paris (1898), normal customs levied on imports from foreign countries did not apply to imports from Puerto Rico since it had ceased to be a foreign country. [1]
However, the Foraker Act now levied customs specifically on imports from Puerto Rico. Downes disputed its constitutionality on the grounds that such duties were under the jurisdiction of Article I, Section 8, of the US Constitution, which provides that "all duties, imposts, and excises shall be uniform throughout the United States." Since the duty on oranges did not exist for other parts of the United States, he argued that it should not exist for Puerto Rico.
The Supreme Court decided 5–4 that the newly-annexed territories were not properly part of the United States for purposes of the Constitution in the matter of revenues, administrative matters, and the like. However, the court was careful to note that the constitutional guarantees of a citizen's rights of liberty and property were applicable to all and "cannot be under any circumstances transcended", according to Justice Edward Douglass White's concurring opinion. [2]
Territories were due the full protections of the Constitution only when Congress had incorporated them as an "integral part" of the United States.
One of two dissenting opinions was written by Justice John Marshall Harlan, who would have held that Congress was always bound to enact laws within the jurisdiction of the Constitution: "This nation is under the control of a written constitution, the supreme law of the land and the only source of the powers which our government, or any branch or officer of it, may exert at any time or at any place." He held that the Congress had no existence and thus had no authority outside the Constitution. He continued:
The idea prevails with some, indeed it has expression in arguments at the bar, that we have in this country substantially two national governments; one to be maintained under the Constitution, with all its restrictions; the other to be maintained by Congress outside and independently of that instrument, by exercising such powers as other nations of the earth are accustomed to. ... I take leave to say that, if the principles thus announced should ever receive the sanction of a majority of this court, a radical and mischievous change in our system will result. We will, in that event, pass from the era of constitutional liberty guarded and protected by a written constitution into an era of legislative absolutism. ... It will be an evil day for American Liberty if the theory of a government outside the Supreme Law of the Land finds lodgment in our Constitutional Jurisprudence. No higher duty rests upon this court than to exert its full authority to prevent all violation of the principles of the Constitution. [3]
The idea of territorial incorporation is generally agreed to have arisen from Justice White's concurring decision noted above. "Incorporation", in this sense, does not refer to the legal process whereby a company takes on certain of the characteristics of a person (see incorporation). The concept of "territorial incorporation" is that the United States can be proprietor of a territory without having actually incorporated that territory into the United States.
Unincorporated territories are not due the full benefits of the US Constitution, as noted from Justice White's decision above.
The idea has been used in court cases ever since to affirm that the citizens of certain territories can be subject to laws and regulations that are not constitutionally applicable to other citizens of the United States. Many citizens of territories that have been designated unincorporated have seen the principle of territorial incorporation as a form of oppression. [4]
Federal jurisdiction refers to the legal scope of the government's powers in the United States of America.
Territories of the United States are sub-national administrative divisions overseen by the federal government of the United States. The various 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, consequently, may be treated as part of the United States proper in some ways and not others. Unincorporated territories in particular are not considered to be integral parts of the United States, and the Constitution of the United States 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.
The Preamble to the United States Constitution, beginning with the words We the People, is a brief introductory statement of the US Constitution's fundamental purposes and guiding principles. Courts have referred to it as reliable evidence of the Founding Fathers' intentions regarding the Constitution's meaning and what they hoped the Constitution would achieve.
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".
DeLima v. Bidwell, 182 U.S. 1 (1901), was one of a group of the first Insular Cases decided by the US Supreme Court.
Federal tribunals in the United States are those tribunals established by the federal government of the United States for the purpose of resolving disputes involving or arising under federal laws, including questions about the constitutionality of such laws. Such tribunals include both Article III tribunals as well as adjudicative entities which are classified as Article I or Article IV tribunals. Some of the latter entities are also formally denominated as courts, but they do not enjoy certain protections afforded to Article III courts. These tribunals are described in reference to the article of the United States Constitution from which the tribunal's authority stems. The use of the term "tribunal" in this context as a blanket term to encompass both courts and other adjudicative entities comes from section 8 of Article I of the Constitution, which expressly grants Congress the power to constitute tribunals inferior to the Supreme Court of the United States.
The United States territorial courts are tribunals established in territories of the United States by the United States Congress, pursuant to its power under Article Four of the United States Constitution, the Territorial Clause. Most United States territorial courts are defunct because the territories under their jurisdiction have become states or been retroceded.
The Privileges and Immunities Clause prevents a state from treating citizens of other states in a discriminatory manner. Additionally, a right of interstate travel is associated with the clause.
Voting rights of United States citizens who live in Puerto Rico, like the voting rights of residents of other United States territories, differ from those of United States citizens in each of the fifty states and the District of Columbia. Residents of Puerto Rico and other U.S. territories do not have voting representation in the United States Congress, and are not entitled to electoral votes for president. The United States Constitution grants congressional voting representation to U.S. states, which Puerto Rico and other U.S. territories are not, specifying that members of Congress shall be elected by direct popular vote and that the president and the vice president shall be elected by electors chosen by the states.
Smith v. Turner; Norris v. Boston, 48 U.S. 283 (1849), were two similar cases, argued together before the United States Supreme Court, which decided 5–4 that states do not have the right to impose a tax that is determined by the number of passengers of a designated category on board a ship and/or disembarking into the State. The cases are sometimes called the Passenger Case or Passenger Cases.
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.
Puerto Rico is an island in the Caribbean region in which inhabitants were Spanish nationals from 1508 until the Spanish–American War in 1898, from which point they derived their nationality from United States law. Nationality is the legal means in which inhabitants acquire formal membership in a nation without regard to its governance type. In addition to being United States nationals, persons are citizens of the United States and citizens of the Commonwealth of Puerto Rico within the context of United States Citizenship. Miriam J. Ramirez de Ferrer v. Juan Mari Brás. Citizenship, the rights and obligations that each owes the other, once one has become a member of a nation. Though the Constitution of the United States recognizes both national and state citizenship as a means of accessing rights, Puerto Rico's history as a territory has created both confusion over the status of its nationals and citizens and controversy because of distinctions between jurisdictions of the United States. These differences have created what political scientist Charles R. Venator-Santiago has called "separate and unequal" statuses.
Torres v. Puerto Rico, 442 U.S. 465 (1979), was a United States Supreme Court case holding that the Fourth Amendment guarantee against unreasonable search and seizure applies to Puerto Rico.
The political status of Puerto Rico is that of an unincorporated territory of the United States. As such, the island of Puerto Rico is neither a sovereign nation nor a U.S. state. It is because of that ambiguity, the territory, as a polity, lacks certain rights but enjoys certain benefits that other polities have or lack. For instance, in contrast to U.S. states, Puerto Rico residents cannot vote in U.S. presidential elections nor can they elect their own senators and representatives to the U.S. Congress. On the other hand, in contrast to U.S. states, only some residents of Puerto Rico are subject to federal income taxes. The political status of the island thus stems from how different Puerto Rico is politically from sovereign nations and from U.S. states.
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.
Statutory citizenship is a form of citizenship where the people or groups of people receiving citizenship are given access to citizenship by a legislative body of the nation. The use of restrictions and stipulations is a way of differentiating statutory citizenship from constitutional citizenship.
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.