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Xithras

(16,191 posts)
9. Hawaii wasn't a U.S. state in 1944. Did the Constitution apply?
Mon Dec 8, 2014, 08:43 PM
Dec 2014

I know that in Balzac v. Puerto Rico (1922) the United States Supreme Court ruled that residents of unincorporated United States territories do NOT automatically have the same Constitutional rights as residents of the incorporated U.S. states...a finding that STILL stands today. In that case, a man was denied a jury trial, and challenged it on 6th Amendment grounds. The USSC stated that Puerto Rican residents don't have Constitutional rights unless Congress explicitly extends them, EVEN IF CONGRESS EXTENDS THE RIGHT OF CITIZENSHIP, because the Constitution doesn't automatically apply to unincorporated U.S. territories. When those rights are granted, the U.S. still reserves the right to withdraw them at any time.

FWIW, this same situation still exists today in places like the US Virgin Islands, Guam, American Samoa, etc. Constitutional rights are a "benevolent gift" that we extend to citizens in those territories, but there is no legal mandate that we do so.

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