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
In other cases involving freedom of the press in the Philippines and
trial by jury in the Hawaiian Islands, the Supreme Court upheld the
doctrine that Congress, in legislating for the new dependencies, was not
bound by all those constitutional limitations which had been hitherto
applied in the continental territories of the United States. The upshot
of all these insular decisions is that the Constitution may be divided
into two parts, "fundamental" and "formal"; that only the fundamental
parts control the Federal authorities in the government of the
dependencies; and that the Supreme Court will decide, from time to time
as specific cases arise, what parts of the Federal Constitution are
"fundamental" and what parts are merely "formal." In two cases, the
Court has gone so far as to hold that indictment by grand jury and trial
by petit jury with unanimous verdict are not "fundamental" parts of the
Constitution, "but merely concern a method of procedure." In other
words, the practical necessities of governing subject races of different
origins and legal traditions forced that eminent tribunal to resort to
painful reasoning in an effort not to hamper unduly the power of
Congress by constitutional limitations.
* * * * *
In the settlement which followed the Spanish War, three general problems
were presented. In the first place, our relations to Cuba required
definition. It is true that in the declaration of war on Spain Congress
had disclaimed "any disposition or intention to exercise sovereignty,
jurisdiction, or control over said Island except for the pacification
thereof, and asserts its determination when that is accomplished to
leave the government and control of the Island to its people"; but
American economic interests in the Island were too great to admit of the
actual fulfillment of this promise. Consequently, Cuba was forced to
accept, as a part of her constitution, several provisions, known as the
Platt amendment, adopted by the Congress of the United States on March
2, 1901, restricting her relations with foreign countries, limiting her
debt-creating power, securing the right of the United States to
intervene whenever necessary to protect life and property, and reserving
to the United States the right to acquire coaling stations at certain
points on the Island to be agreed upon.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account