Last edited by Tuktilar
Sunday, May 17, 2020 | History

4 edition of Insular Cases found in the catalog.

Insular Cases

James Edward Kerr

Insular Cases

The Role of the Judiciary in American Expansionism (National University Publications)

by James Edward Kerr

  • 165 Want to read
  • 31 Currently reading

Published by Kennikat Press .
Written in English

    Subjects:
  • Legal Reference / Law Profession,
  • U.S. Constitutional History,
  • Civil Procedure,
  • Insular possessions

  • The Physical Object
    FormatHardcover
    Number of Pages131
    ID Numbers
    Open LibraryOL7928408M
    ISBN 100804692874
    ISBN 109780804692878

    Applying the doctrine of De Lima v. Bidwell, the Supreme Court in another of the Insular Cases (Dooley v. United States),8 held that though, after the treaty of peace providing for the annexation of Porto Rico, the military government might continue until Congress should provide the island with a civil government (according to the doctrine of Cross v.. Harrison), the island was no longer.   The decisions, known as the Insular Cases, date back to the early 20th century, when the US had just won the Spanish-American War and acquired Puerto Rico Author: Pema Levy.

    INSULAR CASESOriginally applied to three cases decided in , the term "insular cases" has come to denominate a series of cases decided in the early twentieth century defining the place of overseas territories in the American constitutional system. Source for information on Insular Cases: Encyclopedia of the American Constitution dictionary.   The precedent the ACLU is seeking to overturn was established in a series of early 20th century disputes known as the "Insular Cases." The court held in those cases Author: Tucker Higgins.

    HIS - History Of The United States Since Department: History Description: Agrarian and industrial revolutions, development of American institutions, and America as a world not be taken under the P/NP option. General Education category: UST-United States Traditions. He was a Spanish minister in Washington who wrote a private letter to a friend concerning President McKinley (called him basically usless and indecisive) The discovery of his letter strained Spanish-American relations, which helped initiate the Spanish-American War.


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Insular Cases by James Edward Kerr Download PDF EPUB FB2

The Insular Cases were central to governing America's island empire acquired at the turn of the twentieth century, much of which remains in existence [This book] certainly contributes to our understanding of the American justification for and practice of imperialism."--Journal of the Gilded Age and Progressive EraCited by: Reconsidering the Insular Cases is particularly timely in light of the latest referendum in Puerto Rico expressing widespread dissatisfaction with its current form of governance, and litigation by American Samoans challenging their unequal citizenship status.

This book gives voice to a neglected aspect of U.S. history and constitutional law and provides a rich context for rethinking notions of sovereignty, 5/5(10).

Sparrow wrote an excellent book on the Insular Cases. His writing aptly presents the historical, social, and intellectual background behind the decisions. He also shows why the doctrines adopted by the cases remain relevant in the 21st Century/5(4). Reconsidering the Insular Cases is particularly timely in light of the latest referendum in Puerto Rico expressing widespread dissatisfaction with its current form of governance, and litigation by American Samoans challenging their unequal citizenship status.

This book gives voice to a neglected aspect of U.S. history and constitutional law and provides a rich context for rethinking notions of sovereignty. The Insular Cases were central to governing Americas island empire acquired at the turn of the twentieth century, much of which remains in existence [This book] certainly contributes to our understanding of the American justification for and practice of imperialism.” —Journal of the Gilded Age and Progressive Era See all reviews.

But beneath these data points lurks something deeper and more problematic, yet rarely discussed: the Insular Cases, a series of Supreme Court decisions from the early 20 th : Doug Mack.

THE INSULAR CASES: A DECLARATION OF THEIR BANKRUPTCY AND MY HARVARD PRONOUNCEMENT Juan R. Torruella1 Harvard Law School February, 19, Good afternoon. It is a pleasure to be with you t oday. I thank Dean Minnow as well as professors Neuman, Brown and Fallon for givi ng me the opportunity to share my thoughts with this gathering.

the appropriateness of the Insular Cases as a vehicle for that project. The Insular Cases and the Citizenship Clause: An Introduction 1. The Insular Cases. — The American acquisition of Caribbean and Pacific territories beginning in the late nineteenth century spawned a host of constitutional controversies whose legacy remains with us today.

On Feb. 19, HLS hosted “Reconsidering Insular Cases,” a conference that moved through the past century with a panel on historical perspectives and lessons, a panel on contemporary issues regarding the territories, and one on the future status of Puerto Rico.

Insular Cases These were court cases dealing with islands/countries that had been recently annexed and demanded the rights of a citizen. These Supreme Court cases decided that the Constitution did not always follow the flag, thus denying the rights of a citizen to Puerto Ricans and Filipinos.

Insular Cases Background: These were several court cases which concerned the status of territories acquired by the U.S. during the Spanish–American War.

They resulted as a response to the principle issue of the Election of and the American Anti-Imperialist League, embodied by the phrase "Does the Constitution follow the flag?".

As Mr. Justice White tersely puts it: " In the case of the territories as in every other [] Supreme Court and Insular Cases 59 instance, when a provision of the Constitution is involved, the question which arises is not whether the Constitution is operative, for that is.

T he Insular Cases, fueled by the same racial impulses as Plessy, devised a new category of “unincorporated” territories, providing a constitutional justification for ruling the populations of overseas territories without regard to traditional constitutional limitations or democratic principles.

established by Plessy, the Insular Cases have had lasting and deleterious effects on a substantial minority of citizens. 9 The "redeeming" difference is that Plessy is no longer the law of the land, while the Supreme Court remains aloof about the.

When the United States took control of Cuba, Puerto Rico, the Philippines, and Guam following the Spanish-American War, it was unclear to what degree these islands were actually part of the U.S.

and, in particular, whether the Constitution applied fully, or even in part, to their citizens. By looking closely at what became known as the Insular Cases, Bartholomew Sparrow reveals how America. of the Insular Cases was laid forth in the Court’s deci- sion in Downes v. Bidwell: “It is obvious that in the annexa- tion of outlying and distant possessions grave questions willFile Size: KB.

The Insular Cases are a series of U.S. Supreme Court rulings on the legal status and rights of people in the Philippines and Puerto Rico under U.S. territorial rule. Until all U.S. territories were located on the North Americans continent, just like the States of the Union.

During the Insular Cases (Bidwell & Balzac), Federal Courts wrongly interpreted the Constitution & determined: PR is an “un-incorporated” US Territory–“more foreign than domestic-belongs to, but, is not part of the US” (Words not found in our Constitution; not applied before to.

One of hundreds of small initials from the Book of Kells The Insular style is most famous for its highly dense, intricate and imaginative decoration, which takes elements from several earlier styles.

Late Iron Age Celtic art or "Ultimate La Tène ", gave the love of spirals, triskeles, circles and. The Insular Cases is an article from Columbia Law Review, Volume 1.

View more articles from Columbia Law this article on this. the Insular Cases.' These cases authorized the colonial regime created by Con-gress, which allowed the United States to continue its administration-and ex-ploitation-of the territories acquired from Spain after the Spanish-American War of It is my view that this regime, in effect to the present day, has since.A series of five Supreme Court rulings from toknown as the Insular Cases, reflected this ambiguity, as a combination of racist and populist reasoning in the decisions ensured Puerto Rico’s relationship with the United States would remain unclear to this day, explained panelists at the Latin American Law Organization spring.So far as they apply to the territories, they were not called for by the exigencies of the case.

In line with Loughborough v. Blake is the case of Callan v. Wilson, U. S.in which the provisions of the Constitution relating to trial by jury were held to be in force in the District of Columbia.