U.S. Insular Areas: Application of the U.S. Constitution

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DIANE Publishing, 1997 - 71 pages
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Reports on the applicability of provisions of the U.S. Constitution to five insular areas: Puerto Rico, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, & Guam. Also provides information on the status of nine smaller insular areas which are primarily uninhabited atolls or islands. Includes comments from the U.S. Coast Guard, the Department of the Interior, the Resident Commissioner of Puerto Rico, & the Resident Representative of the Commonwealth of the Northern Mariana Islands. Charts & tables.
 

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Contents

I
1
II
14
III
39
IV
57
V
64
VI
65
VII
67
VIII
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IX
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Page 32 - Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America...
Page 48 - By the law of nations, recognized by all civilized States, dominion of new territory may be acquired by discovery and occupation, as well as by cession or conquest ; and when citizens or subjects of one nation, in its name, and by its authority or with its assent, take and hold actual, continuous and useful possession, (although only for the purpose of carrying on a particular business, such as catching and curing fish, or working mines,) of territory unoccupied by any other government or its citizens,...
Page 32 - All persons born in Puerto Rico on or after April 11, 1899 (whether before or after the effective date of this Act), and not citizens, subjects, or nationals of any foreign power, are hereby declared to be citizens of the United States...
Page 30 - President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment. Section...
Page 24 - ... contained in the bill of rights of the Constitution were intended to apply from the moment of annexation; but we place our decision of this case upon the ground that the two rights alleged to be violated in this case...
Page 23 - ... does not follow that there may not be inherent, although unexpressed, principles which are the basis of all free government which cannot be with impunity transcended. But this does not suggest that every express limitation of the Constitution which is applicable has not force, but only signifies that even in cases where there is no direct command of the Constitution which applies, there may nevertheless be restrictions of so fundamental a nature that they cannot be transgressed, although not...
Page 34 - The dual sovereignty doctrine, as originally articulated and consistently applied by this Court, compels the conclusion that successive prosecutions by two States for the same conduct are not barred by the Double Jeopardy Clause. The dual sovereignty doctrine is founded on the common law conception of crime as an offense against the sovereignty of the government. When a defendant in a single act violates the 'peace and dignity' of two sovereigns by breaking the laws of each, he has committed two...
Page 32 - God according to the dictates of one's own conscience; the right to personal liberty and individual property ; to freedom of speech and of the press ; to free access to courts of justice, to due process of law, and to an equal protection of the laws; to immunitie.-i from unreasonable searches and seizures, as well as cruel and unusual punishments; and to such other immunities as are indispensable to a free government.
Page 45 - Congress cannot suspend the operation of the Constitution in any territory after it has come under the sovereign authority of the United States...
Page 45 - This District had been a part of the States of Maryland and Virginia. It had been subject to the Constitution, and was a part of the United States. The Constitution had attached to it irrevocably. There are steps which can never be taken backward. The tie that bound the States of Maryland and Virginia to the Constitution could not be dissolved, without at least the consent of the Federal and State governments to a formal separation. The mere cession of the District of Columbia...

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