The Office of Insular Affairs coordinates federal administration of the U.S. territories and freely associated states, except for Puerto Rico.
[22] On March 3, 1849, the last day of the 30th Congress, a bill was passed to create the U.S. Department of the Interior to take charge of the internal affairs of United States territory.
In contrast to similarly named Departments in other countries, the United States Department of the Interior is not responsible for local government or for civil administration except in the cases of Indian reservations, through the Bureau of Indian Affairs (BIA), and island dependencies administered by the Office of Insular Affairs.
[26][27][28][note 6] People born in American Samoa acquire U.S. nationality but not U.S. citizenship by birth if they do not have a U.S. citizen parent.
[52] In the decision, the court explained that the exemption of island residents from most federal income taxes provides a "rational basis" for their exclusion from eligibility for SSI payments.
[111] As of 2010, the Manu'a District in American Samoa had a per capita income of $5,441, the lowest of any county or county-equivalent in the United States.
[134][135] All modern inhabited territories under the control of the federal government can be considered as part of the "United States" for purposes of law as defined in specific legislation.
[136] However, the judicial term "unincorporated" was coined to legitimize the late-19th-century territorial acquisitions without citizenship and their administration without constitutional protections temporarily until Congress made other provisions.
The case law allowed Congress to impose discriminatory tax regimes with the effect of a protective tariff upon territorial regions which were not domestic states.
In a concurrence with the court's overall ruling on the propriety of the differential tax structures, one of the justices opined that it was time to overrule the doctrine of unincorporated territories, as wrongly decided and founded in racism; the dissent agreed with this view.
[138][139] The U.S. Supreme Court, in its 1901–1905 Insular Cases opinions, ruled that the Constitution extended ex proprio vigore (i.e., of its own force) to the continental territories.
It is created ... by the sovereign congressional faculty, granted under article 4, 3, of that instrument, of making all needful rules and regulations respecting the territory belonging to the United States.
[146]: 547 The judiciary determined that incorporation involves express declaration or an implication strong enough to exclude any other view, raising questions about Puerto Rico's status.
Congress today, thus, must afford Puerto Rico and the 4,000,000 United States citizens residing therein all constitutional guarantees.
To hold otherwise, would amount to the court blindfolding itself to continue permitting Congress per secula seculorum to switch on and off the Constitution.
[148]In Balzac, the Court defined "implied":[145]: 306 Had Congress intended to take the important step of changing the treaty status of Puerto Rico by incorporating it into the Union, it is reasonable to suppose that it would have done so by the plain declaration, and would not have left it to mere inference.
Before the question became acute at the close of the Spanish War, the distinction between acquisition and incorporation was not regarded as important, or at least it was not fully understood and had not aroused great controversy.
Before that, the purpose of Congress might well be a matter of mere inference from various legislative acts; but in these latter days, incorporation is not to be assumed without express declaration, or an implication so strong as to exclude any other view.On June 5, 2015, the U.S. Court of Appeals for the District of Columbia ruled 3–0 in Tuaua v. United States to deny birthright citizenship to American Samoans, ruling that the guarantee of such citizenship to citizens in the Fourteenth Amendment does not apply to unincorporated U.S. territories.
[149] In 2018, the United States Court of Appeals for the 7th Circuit upheld the District Court decision in Segovia v. United States, which ruled that former Illinois residents living in Puerto Rico, Guam, and the U.S. Virgin Islands did not qualify to cast overseas ballots according to their last registered address on the U.S.
[153][154][155] In analyzing the Insular Cases, Christina Duffy Ponsa (Juris Doctor, Yale Law School, 1998; former law clerk for Justice Stephen Breyer[156]) wrote in The New York Times: "To be an unincorporated territory is to be caught in limbo: although unquestionably subject to American sovereignty, they are considered part of the United States for certain purposes but not others.
The 2016 Supreme Court case Puerto Rico v. Sanchez Valle ruled that territories do not have their own sovereignty.
[157] In Rassmussen v. U.S., the Supreme Court quoted from Article III of the 1867 treaty for the purchase of Alaska: "The inhabitants of the ceded territory ... shall be admitted to the enjoyment of all the rights, advantages, and immunities of citizens of the United States ..." This declaration, although somewhat changed in phraseology, is the equivalent ... of the formula, employed from the beginning to express the purpose to incorporate acquired territory into the United States, especially in the absence of other provisions showing an intention to the contrary.
The court held that Alaska had been incorporated into the U.S. in the treaty of cession with Russia,[159] and the congressional implication was strong enough to exclude any other view:[158]: 523 That Congress, shortly following the adoption of the treaty with Russia, clearly contemplated the incorporation of Alaska into the United States as a part thereof, we think plainly results from the act of July 20, 1868, concerning internal revenue taxation ... and the act of July 27, 1868 ... extending the laws of the United States relating to customs, commerce, and navigation over Alaska, and establishing a collection district therein ... And this is fortified by subsequent action of Congress, which it is unnecessary to refer to.Concurring justice Henry Brown agreed:[158]: 533–34 Apparently, acceptance of the territory is insufficient in the opinion of the court in this case, since the result that Alaska is incorporated into the United States is reached, not through the treaty with Russia, or through the establishment of a civil government there, but from the act ... extending the laws of the United States relating to the customs, commerce, and navigation over Alaska, and establishing a collection district there.
To ensure the rights of the native inhabitants, it was expressly stipulated that the inhabitants of the ceded territory should enjoy all the rights, privileges, benefits, and advantages set forth in the ordinance of the late Congress for the government of the western territory of the United States.In Downes, the court said: Owing to a new war between England and France being upon the point of breaking out, there was need for haste in the negotiations, and Mr. Livingston took the responsibility of disobeying his (Mr. Jefferson's) instructions, and, probably owing to the insistence of Bonaparte, consented to the 3d article of the treaty (with France to acquire the territory of Louisiana), which provided that "the inhabitants of the ceded territory shall be incorporated in the Union of the United States, and admitted as soon as possible, according to the principles of the Federal Constitution, to the enjoyment of all the rights, advantages, and immunities of citizens of the United States; and in the meantime they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess."
This evidently committed the government to the ultimate, but not to the immediate, admission of Louisiana as a state ...[161]: 252 Scholars agreed as of 2009 in the Boston College Law Review, "Regardless of how Puerto Rico looked in 1901 when the Insular Cases were decided, or in 1922, today, Puerto Rico seems to be the paradigm of an incorporated territory as modern jurisprudence understands that legal term of art".
[162] In November 2008, a district court judge ruled that a sequence of prior Congressional actions had the cumulative effect of changing Puerto Rico's status to incorporated.
Although distant from America's geographic center and from each other—and with distinctive flora and fauna, land use history, and individual forest issues—these rich and diverse ecosystems share a common bond of change and challenge.
[178] Birds found in American Samoa include the many-colored fruit dove,[179] the blue-crowned lorikeet, and the Samoan starling.
"[204] In his article "How the U.S. Has Hidden Its Empire", Daniel Immerwahr of The Guardian writes, "The confusion and shoulder-shrugging indifference that mainlanders displayed [toward territories] at the time of Pearl Harbor hasn't changed much at all.
[...] [Maps of the contiguous U.S.] give [mainlanders] a truncated view of their own history, one that excludes part of their country.