What was the main issue of Downes v Bidwell about?

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What was the main issue of Downes v Bidwell about?

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 decision narrowly held that the Constitution does not necessarily apply to territories. …

When was Downes v Bidwell?

1901
Downes v. Bidwell/Dates decided

What was the main decision that came from the Insular Cases?

The Insular Cases “authorized the colonial regime created by Congress, which allowed the United States to continue its administration—and exploitation—of the territories acquired from Spain after the Spanish–American War.” These Supreme Court rulings allowed for the United States government to extend unilateral power …

Does the Constitution Follow the Flag Court case?

The Constitution, in other words, did not and should not follow the flag, lest it interfere with our rise as a great power. Constitutional rights generally apply extraterritorially to Americans. Yet only “fundamental” constitutional rights apply in Puerto Rico and some other insular possessions of the United States.

Does the 14th Amendment apply to territories?

U.S. Const. amend. XIV, § 1. United States that “the United States” in the Fourteenth Amendment’s Citizenship Clause does not extend to unincorporated territories.

Who said the Constitution follows the flag?

“”The Constitution Follows the Flag…but Doesn’t Quite Catch Up with I” by Pedro A. Malavet.

What was Gonzales v Williams?

The Gonzales v. Williams case is a Supreme Court decision from 1904 that began when a woman traveled from Puerto Rico to Ellis Island and she was stopped at Ellis Island as an alien who was undesirable for entry. And what the Supreme Court decided was that she was not an alien—she was allowed to enter.

When were Insular Cases?

Following the Spanish-American War and the annexation of Puerto Rico, Guam and the Philippines from the Spanish crown, the Supreme Court issued a series of rulings known as the Insular Cases in 1901 establishing how these newly acquired lands would be governed.

How many Insular Cases were there?

There were nine cases in total, eight of which related to tariff laws and seven of which involved Puerto Rico. Later Constitutional scholars and historians of the island territories affected included other decisions within the Insular Cases.

What does the phrase the Constitution follows the flag mean?

The Democratic Party platform of 1900 declared that “We hold that the Constitution follows the flag, and denounce the doctrine that [the federal government] can exercise lawful authority beyond it or in violation of it.” In opposition were those who believed that normal legal rights and rules did not apply fully—or at …

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