Is not this theory the true _via media_? The theory of the automatic
extension of the constitution of a state over its annexed insular,
transmarine and transterranean regions which from their local or other
circumstances can never equally participate in the institution and
operation of its government, in some cases protects individual rights,
but it takes no account of the right of free statehood, which is the
prime instrumentality for securing these rights. The theory of a power
over these regions not regulated by a supreme law, is a theory of
absolute power over both individuals and communities in these
regions,--a theory which implies an absence of all rights. The theory
of a power over these regions based on the principles of the Law of
Connections and Unions, granting that this law is itself based on the
right of human equality, protects the rights of persons, of
communities, of states and of nations. On this theory the "Territory
Clause" of the Constitution recognizes the Law of Connections and
Unions as determining the relationship between the American Union and
the Insular regions--"needful" rules and regulations being those which
are adapted to accomplish the end desired and which are consistent
with the principles of the Law of Connections and Unions as declared
in the Declaration of Independence. On this theory, the doctrine of
the Supreme Court that the civil rights of individuals in cases
growing out of our relations with our Insular brethren are protected
by "the fundamental principles formulated in the Constitution," or by
"the applicable provisions of the Constitution," is translated into
the doctrine that these individual and civil rights are protected by
the principles of the Law of Connections and Unions of Free States, as
these principles are formulated in the Constitution and as they are
disclosed by an examination of the applicable provisions of the
Constitution, and that not only are these civil rights protected by
this law, but also the political rights of all the parties to the
relationship. On this theory, the jurisdiction of the Supreme Court
continues to be exactly the same as at present. The necessary Advisory
Councils for ascertaining the just political relations between the
American Union and the Insular regions and for determining the
political rights growing out of that relationship, would not in the
least interfere with the Supreme Court in the exercise of its
functions. They would supplement that Court, which now protects the
civil rights of all concerned through its adjudications in civil
cases, by assisting the Congress and the President to protect and
preserve the political rights of all concerned through dispositions
and needful rules and regulations in political cases.
Public-domain text, read in full here on John Shaqi.
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