Contemporary American History, 1877-1913Beard, Charles A. (Charles Austin)
History
Contemporary American History, 1877-1913
Beard, Charles A. (Charles Austin)
United States -- History -- 1865-1921
The acquisition of the insular dependencies raised again the old problem
as to the power of Congress over territories, which had been so
extensively debated during the slavery conflict. The question now took
the form: "Does the Constitution restrict Congress in the government of
the Islands as if they were physically and politically a part of the
United States, and particularly, do the limitations in behalf of private
rights, freedom of press, trial by jury, and the like, embodied in the
first ten Amendments, control the power of Congress?" Strict
constitutionalists answered this question in the affirmative without
hesitation, citing the long line of constitutional decisions which had
repeatedly affirmed the doctrine that Congress is limited everywhere,
even in the territories by the Amendments providing for the protection
of personal and property rights; but practical politicians, supporting
the McKinley administration, frankly asserted that the Constitution and
laws of the United States did not of their own force apply in the
territories and could not apply until Congress had expressly extended
them to the insular possessions.
The abstract question was given concrete form in several decisions by
the Supreme Court, known as "the Insular Cases." The question was
speedily raised whether importers of commodities from Porto Rico should
be compelled to pay the duties prescribed by the Dingley act, and the
Court answered in the case of De Lima _v._ Bidwell in 1901 that the
Island was "domestic" within the meaning of the tariff act and that the
duties could not be collected. In the course of his remarks, the
Justice, who wrote the opinion, said that territory was either domestic
or foreign, and that the Constitution did not recognize any halfway
position. Four Justices dissented, however; and American interests,
fearing this new competition, had dissented in advance,--so vigorously,
in fact, that Congress during the previous year had passed the Foraker
act imposing a tariff on goods coming into the United States from Porto
Rico and _vice versa_.
This concession to the protected interests placed the Supreme Court in a
dilemma. If Porto Rico was domestic territory,--a part of the United
States,--was not the Foraker act a violation of the constitutional
provision that duties, imposts, and excises shall be uniform throughout
the United States? This question was judicially answered by the Court
in the case of Downes _v._ Bidwell, decided on May 27, 1901, which
upheld the Foraker act on grounds so various that the only real point
made by the Court was that the law was constitutional. None of the four
justices who concurred with Justice Brown in the opinion agreed with his
reasoning, and the four judges, who dissented entirely from the decision
and the opinion, vigorously denied that there could be any territory
under the flag of the United States which was not subject to the
limitations of the Constitution.
Public-domain text, read in full here on John Shaqi.
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