Downes v. Bidwell
Encyclopedia
Downes v. Bidwell, , was a case in which the United States Supreme Court
decided whether United States territories were subject to the provisions and protections of the United States Constitution
. This question is sometimes stated as "does the Constitution follow the flag?". The resulting decision narrowly held that the U.S. Constitution did not necessarily apply to territories. Instead, the United States Congress
had jurisdiction to create law within territories in certain circumstances, particularly dealing with revenue, that would not be allowed by the U.S. Constitution for proper states within the union. It has become known as one of the "Insular Cases
".
into the port of New York from the newly acquired territory of Puerto Rico
and had been forced to pay import duties on them. He sued George R. Bidwell, United States customs
inspector for the port of New York, on the grounds that, as a United States territory
, such duties were under the jurisdiction of Article I, Section 8 of the U.S. Constitution, which provides that "all duties, imposts, and excises shall be uniform throughout the United States." Since the duty on oranges did not exist for other parts of the United States, he argued that it should not exist for Puerto Rico
.
in his concurring opinion. Territories were only due the full protections of the Constitution when the U.S. Congress had incorporated them as an "integral part" of the United States.
The dissent written by Justice John Marshall Harlan
held that the U.S. Congress was always bound to enact laws within the jurisdiction of the Constitution. In it, he said, "This nation is under the control of a written constitution, the supreme law of the land and the only source of the powers which our government, or any branch or officer of it, may exert at any time or at any place." He held that the Congress had no existence, and therefore had no authority, outside of the U.S. Constitution. He also said, "... two national governments exist; one to be maintained under the Constitution, with all its restrictions, the other to be maintained by Congress outside and independently of that instrument. By exercising such powers as other nations of the earth are accustomed to a radical and mischievous change in our system of government will result ... We will, in that event, pass from the era of constitutional liberty guarded and protected by a written constitution into an era of legislative absolutism ... It will be an evil day for American liberty if the theory of a government outside the supreme law of the land finds lodgment in our constitutional jurisprudence."
). The concept of territorial incorporation is that the United States can be proprietor of a territory without having actually incorporated the territory into the United States. These unincorporated territories are not due the full benefits of the US Constitution, as noted from Justice White's decision above.
This idea has been used in court cases ever since in affirming that the citizens of certain territories can be subject to laws and regulations that are not constitutionally applicable to other citizens of the United States. Many citizens of territories that have been designated unincorporated have seen the principle of territorial incorporation as a form of oppression (see, for example, Román, Ediberto, "The Alien-Citizen Paradox and Other Consequences of U.S. Colonialism", Florida State University Law Review, 1998).
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decided whether United States territories were subject to the provisions and protections of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. This question is sometimes stated as "does the Constitution follow the flag?". The resulting decision narrowly held that the U.S. Constitution did not necessarily apply to territories. Instead, the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
had jurisdiction to create law within territories in certain circumstances, particularly dealing with revenue, that would not be allowed by the U.S. Constitution for proper states within the union. It has become known as one of the "Insular Cases
Insular Cases
The Insular Cases are several U.S. Supreme Court cases concerning the status of territories acquired by the U.S. in the Spanish-American War . The name "insular" derives from the fact that these territories are islands and were administered by the War Department's Bureau of Insular Affairs...
".
Background
The case specifically concerned a merchant, Samuel Downes, who owned S. B. Downes & Company. His company had imported orangesOrange (fruit)
An orange—specifically, the sweet orange—is the citrus Citrus × sinensis and its fruit. It is the most commonly grown tree fruit in the world....
into the port of New York from the newly acquired territory of Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
and had been forced to pay import duties on them. He sued George R. Bidwell, United States customs
Customs
Customs is an authority or agency in a country responsible for collecting and safeguarding customs duties and for controlling the flow of goods including animals, transports, personal effects and hazardous items in and out of a country...
inspector for the port of New York, on the grounds that, as a United States territory
United States territory
United States territory is any extent of region under the jurisdiction of the federal government of the United States, including all waters including all U.S. Naval carriers. The United States has traditionally proclaimed the sovereign rights for exploring, exploiting, conserving, and managing its...
, such duties were under the jurisdiction of Article I, Section 8 of the U.S. Constitution, which provides that "all duties, imposts, and excises shall be uniform throughout the United States." Since the duty on oranges did not exist for other parts of the United States, he argued that it should not exist for Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
.
Decision
The U.S. Supreme Court decided, in a five to four decision, that newly annexed territories were not properly part of the United States for purposes of the U.S. Constitution in the matter of revenues, administrative matter, and the like. However, the court was careful to note that the Constitutional guarantees of a citizen's rights of liberty and property were applicable to all: such guarantees "... cannot be under any circumstances transcended ..." said Justice Edward Douglass WhiteEdward Douglass White
Edward Douglass White, Jr. , American politician and jurist, was a United States senator, Associate Justice of the United States Supreme Court and the ninth Chief Justice of the United States. He was best known for formulating the Rule of Reason standard of antitrust law. He also sided with the...
in his concurring opinion. Territories were only due the full protections of the Constitution when the U.S. Congress had incorporated them as an "integral part" of the United States.
The dissent written by Justice John Marshall Harlan
John Marshall Harlan
John Marshall Harlan was a Kentucky lawyer and politician who served as an associate justice on the Supreme Court. He is most notable as the lone dissenter in the Civil Rights Cases , and Plessy v...
held that the U.S. Congress was always bound to enact laws within the jurisdiction of the Constitution. In it, he said, "This nation is under the control of a written constitution, the supreme law of the land and the only source of the powers which our government, or any branch or officer of it, may exert at any time or at any place." He held that the Congress had no existence, and therefore had no authority, outside of the U.S. Constitution. He also said, "... two national governments exist; one to be maintained under the Constitution, with all its restrictions, the other to be maintained by Congress outside and independently of that instrument. By exercising such powers as other nations of the earth are accustomed to a radical and mischievous change in our system of government will result ... We will, in that event, pass from the era of constitutional liberty guarded and protected by a written constitution into an era of legislative absolutism ... It will be an evil day for American liberty if the theory of a government outside the supreme law of the land finds lodgment in our constitutional jurisprudence."
Consequences
The idea of territorial incorporation is generally agreed to have arisen from Justice White's concurring decision noted above. Note that incorporation in this case does not refer to the legal process whereby a company takes on certain of the characteristics of a person (see incorporationIncorporation (business)
Incorporation is the forming of a new corporation . The corporation may be a business, a non-profit organisation, sports club, or a government of a new city or town...
). The concept of territorial incorporation is that the United States can be proprietor of a territory without having actually incorporated the territory into the United States. These unincorporated territories are not due the full benefits of the US Constitution, as noted from Justice White's decision above.
This idea has been used in court cases ever since in affirming that the citizens of certain territories can be subject to laws and regulations that are not constitutionally applicable to other citizens of the United States. Many citizens of territories that have been designated unincorporated have seen the principle of territorial incorporation as a form of oppression (see, for example, Román, Ediberto, "The Alien-Citizen Paradox and Other Consequences of U.S. Colonialism", Florida State University Law Review, 1998).