"We are also of opinion that the power to acquire territory by treaty implies, not only the power to govern such territory, but to prescribe upon what terms the United States will receive its inhabitants, and what their status shall be... We suggest that the constitutionality of a treaty acquiring territory without incorporating it into the United States is no longer open to question... The status of these islands is anomalous... [T]hey belong to the United States, but are not a part of the United States within the revenue clauses of the Constitution."
— Majority Opinion, *Downes v. Bidwell*, 1901
The Supreme Court decision excerpted above most directly addressed which of the following questions?
- Whether the federal government was constitutionally required to extend the full protections of the Constitution to inhabitants of newly annexed territories.Answer
- BWhether the United States was obligated by the Monroe Doctrine to establish joint military defense pacts with European nations to secure colonies.
- CWhether the United States should launch a retaliatory invasion of Cuba after the sinking of the Lusitania.
- DWhether the United States should completely isolate itself from all foreign trade and diplomatic relations in the Western Hemisphere.
Answer
Whether the federal government was constitutionally required to extend the full protections of the Constitution to inhabitants of newly annexed territories.
The Supreme Court decision in *Downes v. Bidwell* (1901) was part of the 'Insular Cases,' which resolved the constitutional debate over whether the protections and rights of the U.S. Constitution automatically extended to the inhabitants of territories acquired in the Spanish-American War. The Court held that Congress had the authority to determine the status and rights of these inhabitants, meaning that the Constitution did not automatically 'follow the flag.'
Step-by-Step Solution
Key Concept
The Insular Cases and the legal debates over the status of U.S. territories after the Spanish-American War.
Estimated Time:2m 0s