Acknowledging that the United States Supreme Court's decisions in the Insular Cases and the "territorial incorporation doctrine" are contrary to the text and history of the United States Constitution, rest on racial views and stereotypes from the era of Plessy v. Ferguson that have long been rejected, are contrary to our Nation's most basic constitutional and democratic principles, and should be rejected as having no place in United States constitutional law.
Impact
The resolution highlights the belief that the constitutional and democratic rights of all American citizens must apply equally, including those residing in territories. Passing HR314 could lead to a reconsideration of the legislative framework governing these territories, potentially enabling a broader application of constitutional protections. This includes voting rights and federal benefits that have historically been limited or denied based on the territorial status of these areas. The resolution calls for a fundamental shift in how constitutional rights are perceived and implemented in U.S. territories.
Summary
House Resolution 314 seeks to acknowledge and reject the United States Supreme Court's decisions in the Insular Cases, which established the territorial incorporation doctrine that has long been criticized for its racial underpinnings. The resolution asserts that these decisions are contrary to the text and history of the Constitution and undermine essential principles of equality and democracy. By recognizing this problematic legal framework as a relic of a racially biased past, HR314 aims to eliminate the justification for the second-class treatment of Americans in U.S. territories such as Puerto Rico, Guam, American Samoa, and the Virgin Islands.
Contention
Opposition to the Insular Cases has garnered support from various members of the Supreme Court, with Justices Gorsuch and Sotomayor highlighting the need to acknowledge the harmful historical precedent set by these decisions. Critics emphasize the ongoing need for reforms in how territories are treated under U.S. law, and their calls challenge the validity of the territorial incorporation doctrine. The passage of this resolution may ignite further debate and potential legislative changes regarding the rights and statuses of U.S. territories, as it seeks comprehensive recognition of equality under the law.
Recognizes the 120th anniversary of the landmark United States Supreme Court Plessy v. Ferguson decision, and encourages President Barack Obama to bestow the Presidential Medal of Freedom posthumously upon Homer Adolph Plessy.
Recognizing that the United States has a moral and legal obligation to provide reparations for the enslavement of Africans and its lasting harm on the lives of millions of Black people in the United States.
Recognizing that the United States has a moral and legal obligation to provide reparations for the crime of enslavement of Africans and its lasting harm on the lives of millions of Black people in the United States.
Expressing the sense of the House of Representatives that the Supreme Court of the United States should use its powers under the All Writs Act to protect its jurisdiction and bring the questions of Federal and constitutional law and equity before the Court for resolution with all deliberate speed and possible urgency.
Resolution Petitioning The United States Congress To Convene An Article V Constitutional Convention To Overturn The United States Supreme Court's Decision In Citizens United V. Federal Election Commission.
Reaffirming the principles of the United States Constitution, including separation of powers and the rule of law, and condemning efforts to undermine the same.
To permit each of the territories of the United States to provide and furnish statues honoring their citizens for placement in Statuary Hall in the same manner as statues honoring citizens of the States are provided for placement in Statuary Hall.
Tuscaloosa County; Tuscaloosa City Board of Education, jurisdiction to include only territory within city limits, territory outside of City of Tuscaloosa city limits, included in jurisdiction of county board of education, ad valorem taxes redistributed, Constitutional Amendment.
To restore the ability of the people of American Samoa to approve amendments to the territorial constitution based on majority rule in a democratic act of self-determination, as authorized pursuant to an Act of Congress delegating administration of Federal territorial law in the territory to the President, and to the Secretary of the Interior under Executive Order 10264, dated June 29, 1951, under which the Constitution of American Samoa was approved and may be amended without requirement for further congressional action, subject to the authority of Congress under the Territorial Clause in article IV, section 3, clause 2 of the United States Constitution.