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The Insular Cases and Contested Citizenship

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  • Balzac v. Porto Rico
    Balzac v. Porto Rico is one of a series of cases decided by the Supreme Court addressing the status of U.S. territories known as the Insular Cases. The court in Balzac ruled that residents of Puerto Rico were not guaranteed a trial by jury. In Dorr v. United States, the Supreme Court ruled the same way for residents of the Philippines.
  • De Lima v. Bidwell
    De Lima v. Bidwell is one of a series of cases decided by the Supreme Court addressing the status of U.S. territories known as the Insular Cases. This case considered whether the newly acquired territory of Puerto Rico was a "foreign country" and to what extent shipping duties applied to imports from Puerto Rico and other U.S. territories. De Lima ruled that Puerto Rico was a part of the United States and duties should not be applied to imports. This case was decided on different grounds than that of Downes v. Bidwell, which ruled that unincorporated territories could be treated differently than states and incorporated territories.
  • Dorr v. United States
    Dorr v. United States is one of a series of cases decided by the Supreme Court addressing the status of U.S. territories known as the Insular Cases. The court in Dorr ruled that residents of the Philippines were not entitled to a trial by jury. The case of Balzac v. Porto Rico decided the same in Puerto Rico.
  • Downes v. Bidwell
    Downes v. Bidwell is one of a series of cases decided by the Supreme Court addressing the status of U.S. territories known as the Insular Cases. This case considered whether the Constitution applied to territories, specifically Puerto Rico. It specifically considered the constitutionality of the Foraker Act which levied customs on exports from Puerto Rico. The Court ruled that the Constitution only fully applied to incorporated territories, while Puerto Rico is an unincorporated territory.
  • Gonzales v. Williams
    Gonzales v. Williams is one of a series of cases decided by the Supreme Court addressing the status of U.S. territories known as the Insular Cases. This case determined that while people from Puerto Rico were not citizens of the United States, they were also not "aliens." This case labelled those in unincorporated territories as U.S, nationals instead of citizens.
  • Hawaii v. Mankichi
    Hawaii v. Mankichi is one of a series of cases decided by the Supreme Court addressing the status of U.S. territories known as the Insular Cases. This case considered the extent to which the Constitution should apply to Hawaii and how the new territory's previous legal codes could be folded into the laws of the Territory of Hawaii.
  • Jones Act
    The Jones Act established that all interstate shipping must be conducted on ships that are owned and operated by United States shipping. This act claims to protect national security, but it also makes shipping to U.S. territories and Hawaii more expensive than international shipping.
  • The Insular Cases and Contested Citizenship
    This teaching module discusses the intersection of U.S. colonial power and migration, featuring a webinar with Robert McGreevey, author of the 2018 book, Borderline Citizens: The United States, Puerto Rico, and the Politics of Colonial Migration.
  • Webinar - The Insular Cases and Contested Citizenship
    In this webinar, Professor Robert McGreevey of the College of New Jersey discusses the intersection of U.S. colonial power and migration with Dr. Jeannette Eileen Jones and her And Justice For All class.