Rep. Grijalva Introduces House Resolution Rejecting Insular Cases

Rep. Raul Grijalva (D-AZ), chair of the House Committee on Natural Resources, has introduced a House resolution rejecting the Insular Cases, a group of 20th century Supreme Court decisions defining the relationship between the United States and island territories that the nation had recently acquired.

Puerto Rico Resident Commissioner Jenniffer Gonzalez, Delegates Plaskett of the USVI (D) and Sablan of the Northern Mariana Islands (D) co-sponsored the resolution. Delegate Radewagen of American Samoa (R) declined to do so.

The House resolution bill recognizes that “the decisions rendered by the United States Supreme Court in the so-called Insular Cases rest on the same racist and ethnocentric assumptions leading to Plessy v. Ferguson’s infamous ‘separate but equal’ doctrine, that the legal doctrine emanating from the Insular Cases has no place in United States Constitutional law, and that the Insular Cases must be rejected in their entirety.”

The resolution has been referred to the Judiciary Committee and Committee on Natural Resources in the U.S. House of Representatives.

What is a House Resolution?

A resolution is essentially a statement, not an enforceable law.

A House resolution is considered only by the House of Representatives. A joint resolution is intended for the consideration of both the House and Senate.

What are the Insular Cases?

The Supreme Court ruled on a series of cases about the relationship between the United States and its island territories in the early 20th century. In 1901, the Supreme Court ruled that Puerto Rico belonged to the United States, but that it wasn’t really an integral part of the United States, so laws could be made in Puerto Rico that were not constitutional. The U.S. Constitution, this case said, didn’t necessarily apply in Puerto Rico.

The last of the Insular Cases, in 1922, held that a territory could be kept under territorial status “indefinitely.” This was the start of the idea of the “unincorporated territory” which could be treated differently from a State.

This series of cases allows Puerto Rico to be treated unequally. They have been questioned extensively in recent decades, in part because the language and the arguments in the cases reflect an outdated racist attitude toward the people living in the island territories. The Supreme Court was recently asked to repudiate the Insular Cases, but they did not agree that the Insular Cases were relevant to the case they were hearing at the time and avoided addressing the issue.

Grijalva’s resolution

The new House resolution begins with a recap of the history of the United States’s island territories. It continues with a claim that the Insular Cases continue to affect people living in U.S. territories:

Whereas the Insular Cases today negatively impact a community of nearly 4,000,000 Americans living in Puerto Rico, Guam, the Virgin Islands of the United States, the Commonwealth of the Northern Mariana Islands, and American Samoa;

Whereas the doctrine established by the Insular Cases is still used to perpetuate the egregious unequal treatment of United States citizens and nationals in the territories;

Whereas jurists and legal scholars have recognized that the Insular Cases rest on reasoning that runs afoul of the original intent of the framers of the United States Constitution; and

Whereas the imperialist and racist ideologies underlying the Insular Cases must be rejected: Now, therefore, be it resolved

That the House of Representatives—

(1) recognizes the importance of supporting equal rights and upholding the interests of Americans living in the United States territories;

(2) acknowledges that the Insular Cases rest on racist and imperialist assumptions that have no place in the constitutional landscape of the United States; and

(3) rejects the Insular Cases and their application to all present and future cases and controversies.

While the Territory Clause is more often used to justify unequal treatment of Puerto Rico than the Insular Cases are, the Insular Cases contain ideas and language that is often considered offensive in modern America.

The Territory Clause

The Territory Clause gives Congress the power to make all legal decisions about territories. Equal rights for a territory are prevented by this clause. Where States have rights, and specifically each State  has the right to equal treatment among all the States, territories can be treated differently by Congress from the States and from other territories.

Although the House “recognizes the importance of supporting equal rights and upholding the interests of Americans living in the United States territories,” an end to the Insular Cases will not, as the Guam Post suggests, guarantee equality for the territories. Puerto Rico has the option of becoming a State. This is the only route to equality with the 50 current States.

One Comment

Dennis Freytes

Research-Exposé (with Facts-Truth-Reason)
**Equality for US Citizens-Veterans in US Territory of Puerto Rico (PR)!**
“Patriots cry for Justice-a Call to Arms (Civic Action)-for Fairness-Equality!”
SUM: Since, 1898 (for over 120 years)–fellow, but, 2d Class US Citizens-American Veterans (part of “We the People”), in the US Territory of PR (with more US Citizens than 22 States) have made many valuable contributions to our USA, but, FACE FEDERAL- unfair Treatment; undemocratic control; institutional discrimination– DON’T have- all RIGHTS–Federal “consent of the governed” nor blood earned Benefits nor Parity in Federal Laws nor permanent statutory US Citizenship (even in a State)–that other US Citizens-American Veterans have, under our US Flag!
o PR FACES a complex and epic historic CRISIS which major root COMPONENTS are–
*Economic-Jobs; Fiscal-Debt; Infrastructure; Social-Humanitarian; Status-Equality*
Where each PART affects the other; the Federal undemocratic Territorial (Colonial) Status affects everything–which ties Puerto Rican hands as there is no Federal Parity or a level Playing Field…!
• The Federal Government (US President; US Congress; US Federal-Supreme Court)- has done some good things, but, incongruently doesn’t FAIRLY treat fellow US Citizens-American Veterans, in the US Territory of PR, the same as those in the States, even while Puerto Ricans are part of “WE THE PEOPLE”; nor has the Federal Government done anything for 120+ years to fix-remedy an unjust Federal undemocratic situation–per the trite Territorial Clause-1787, and US Supreme Court Insular Cases-1901-1925+ when institutional Racism was in vogue, but, is the Federal Governing Law today!
• There is a big Exodus to the States that hurts PR’s Economy… as it taxes State-Local resources…
• Loyal US Puerto Ricans sacrifice; make great contributions to our noble US, since 1513, when their Ancestors (1st Governor of PR) came to the now US–107 years before the Pilgrims; fought in the War of Independence (1776)… as today brave US Veterans-shed sweat, blood, and tears for our US Flag!
Patriots of True Grit call for Civic ACTION to get the Federal Government to do Right– concurrently solve the root causes of the enormous Crisis; not make excuses, cover-up, generalize, speculate, distort, stereotype or misinform– that SUPPORTS discrimination or closet racism, since 1898!
**See enclosed Research-Exposé based on Facts-Truth-Reason. Stand for JUSTICE-PROGRESS; as we ensure FAIR TREATMENT-EQUAL CIVIL RIGHTS; Guard against a “Tyranny of a Majority!
SOLVE- The Federal Government should do its DUTY-provide FAIR TREATMENT-EQUAL RIGHTS for ALL “WE THE PEOPLE” (not some)! Take concurrent ACTION-Fix, with PR Government–
“Economic-Jobs; Fiscal; Infrastructure; Humanitarian; Status-Equality-Crisis”
• Incorporate; grant STATEHOOD; admit fellow loyal US Citizens-US Veterans– to our “UNION of STATES” with own– STATE- PR Identity; Constitution; Flag; and Sovereignty; United- under our US Flag.
• ALTERNATIVE- do Referendum on NON-Territorial Constitutional defined OPTIONS:
*STATEHOOD vs INDEPENDENCE vs INDEPENDENCE w/ PACT of “Free Association*
*NOTE: Those with a non-permanent statutory US Citizenship, even if residing in the States, should participate in any Status Plebiscite, because the outcome could affect them (can lose US Citizenship).
UNITED-With Truth, Reason, Courage, and Civic Action-for the Good of ALL!
“Canto Claro Como un Gallo Patriotico Boricua!”–the TIME is now for EQUALITY!
Let the TRUTH liberate ignorance!

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