America, The Last Colonial Power? The Discomforting Legacy of Downes Versus Bidwell
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Authors
Estrellado, Edward
Issue Date
2023
Type
Thesis
Language
Keywords
Colonialism , Constitutionalism
Alternative Title
Abstract
AbstractDelivered in 1901, the Supreme Court Decision in Downes V. Bidwell established the policy that dictates the relationship of the United States offshore territories vis a vis the United States federal government. A central tenet of the decision was the designation of the offshore territories of Puerto Rico, Guam, the Virgin Islands and the CNMI as unincorporated territories. The result has been a situation where the political status of the people of the territories has been held in has become perpetuity since 1901.
The court’s decision was preceded by academic debates that were published in the Harvard Law review between 1898 and 1899. The debates presented competing views of American government and the role of the Constitution in limiting the reach of congressional rule beyond the states of the union. Furthermore, the debates previewed much of the theory and rationale that would come into play in Downes V. Bidwell
This research seeks to examine the competing opinions of both the academic debates and the ruling and dissenting opinions of Downes V. Bidwell. An analysis based on the political thought of the American founding finds that the decision to exercise power without constitutional restraints has created an embarrassing situation where America is now a long-standing colonial power. Indeed, America’s promise of social compact has not reached the people of the offshore territories.