When the United States took control of Cuba, Puerto Rico, the
Philippines, and Guam following the Spanish-American War, it was
unclear to what degree these islands were actually part of the U.S.
and, in particular, whether the Constitution applied fully, or even
in part, to their citizens. By looking closely at what became known
as the Insular Cases, Bartholomew Sparrow reveals how America
resolved to govern these territories.
Sparrow follows the Insular Cases from the controversial Downes
v. Bidwell in 1901, which concerned tariffs on oranges shipped to
New York from Puerto Rico and which introduced the distinction
between incorporated and unincorporated territories, to Balzac v.
Puerto Rico in 1922, in which the Court decided that Puerto Ricans,
although officially U.S. citizens, could be denied trial by jury
because Puerto Rico was "unincorporated." There were 35 Insular
Cases in all, cases stretching across two decades, cases in which
the Court ruled on matters as diverse as tariffs, double jeopardy,
and the very meaning of U.S. citizenship as it applied to the
inhabitants of the offshore territories. Through such decisions, as
Sparrow shows, the Court treated the constitutional status of
territorial inhabitants with great variability and decided that the
persons of some territories were less equal than those of other
territories.
Sparrow traces the fitful evolution of the Court's Incorporation
Doctrine in the determination of which constitutional provisions
applied to the new territories and its citizens. Providing a new
look at the history and politics of U.S. expansion at the turn of
the twentieth century, Sparrow's book also examines the effect the
Court's decisions had on the creation of an American empire. It
highlights crucial features surrounding the cases-the influence of
racism on the justices, the need for naval stations to protect new
international trade, and dramatic changes in tariff policy. It also
tells how the Court sanctioned the emergence of two kinds of
American empire: formal territories whose inhabitants could be U.S.
citizens but still be denied full political rights, and an informal
empire based on trade, cooperative foreign governments, and U.S.
military bases rather than on territorial acquisitions.
"The Insular Cases and the Emergence of American Empire" reveals
how the United States handled its first major episode of
globalization and how the Supreme Court in these cases, crucially
redirected the course of American history.
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