The Insular Case Analysis

1628 Words4 Pages

After 6 months of researching constitutional documents, court cases, and academic journals, I have found evidence that both supports and counters my argument, stating that the lack of representation in Washington D.C. and the US Virgin Islands violates the true intent of the United States Constitution. On the topic of my findings regarding constitutional documents, I first looked at documents, written by some of the founding fathers regarding the issue. In the Federalist No. 43, James Madison addresses the federal district known as Washington D.C., and says “as a municipal legislature for local purposes, derived from their own suffrages, will of course be allowed them.” (The Federalist Papers, No. 51) James Madison is referencing the citizens residing in the federal district, and says …show more content…

These cases took place in 1901 to determine the status of US territories acquired in the Spanish American War. Downes v. Bidwell is one of the most recognized cases that dealt with whether territories were subject to protections under the US Constitution. The ruling of the case ultimately stated that the Constitution does not necessarily apply to US territories, like the Virgin Islands. Along with the rest of the Insular Cases, courts have expressed that the protection of right stated in the US Constitution, does not necessarily extend to areas under US control. The Insular Cases have been seen as questionable in more modern years, but have not been overturned, as this has become a more political controversial topic. There is a clear violation of the Equal Protection Clause, however, since the constitution does not extend to the territories, this acts as a loophole, similar to that of Guantanamo Bay. There is insufficient evidence by the US Supreme Court on the specific issue pertaining to the US Virgin Island. These are the reasons my argument is rejected in the case of the Virgin

Open Document