Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
17. The Supreme Court has always refused to decide "political"
controversies. What is a "political" as opposed to a "legal"
controversy? Give examples.
CHAPTER XIX
GOVERNMENT OF THE TERRITORIES AND DEPENDENCIES
=Power of Congress over the Territories.=--The Constitution expressly
confers upon Congress the power to dispose of and make all needful rules
and regulations respecting the territory or other property belonging to
the United States. In dealing with the territories the powers of
Congress are general or residuary in character, whereas when it
legislates for that part of the country which has been erected into
states, its powers are specifically enumerated. Congress, therefore, may
establish practically any form of government in the territories that it
chooses. It may, if it wishes, set up therein a military government or
it may establish civil government with such limitations and exceptions
as it may wish. In the latter case it may allow the inhabitants a
legislative assembly for purposes of local legislation, or Congress may
legislate directly for them itself. And in case it permits the
inhabitants to have a legislative assembly of their own and to enact
their own laws, Congress may veto or modify any law passed by such
legislature. Indeed, says the Supreme Court, Congress may make valid an
invalid act passed by a territorial legislature as well as declare
invalid a valid act passed by it.
_Does the Constitution Extend to the Territories?_--A subject much
discussed, especially at the time of the acquisition of Porto Rico and
the Philippines, was whether such provisions of the Constitution as
were applicable extended of their own force to new territories
immediately upon the establishment of American sovereignty over them;
that is, whether the Constitution "follows the flag" or whether its
provisions apply only when extended by act of Congress. One party
asserted that such provisions go wherever the sovereignty of the United
States goes, that the government cannot be carried to any new territory
unless accompanied by the Constitution from which it derives its
authority, and that Congress has no power to withhold such provisions as
are applicable. The other party maintained that the Constitution was
established only for the people of the United States; that whenever new
territories have been acquired, Congress has extended such provisions as
it saw fit; and that Congress is unlimited as to its power in dealing
with the inhabitants of such territories. The Supreme Court in the
famous Insular Cases, decided in 1900 and 1901, upheld the latter view
and ruled that for all practical purposes the territories of the United
States are completely subject to the legislative authority of Congress,
and that it is not even restricted by those provisions of the
Constitution which were adopted for the protection of individual
liberty. In practice Congress has always extended to the domestic
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