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insular cases the role of the judiciary in American expansionism by James Edward Kerr

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Published by Kennikat Press in Port Washington, N.Y .
Written in English



  • United States


  • Law -- United States -- Territories and possessions -- Cases.,
  • United States -- Insular possessions.

Book details:

Edition Notes

StatementJames Edward Kerr.
SeriesMulti-disciplinary studies in the law, National university publications
LC ClassificationsKF4635.A7 K47 1982
The Physical Object
Paginationviii, 131 p. ;
Number of Pages131
ID Numbers
Open LibraryOL4262410M
ISBN 100804692874
LC Control Number81008183

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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. A. 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.