Us Congress House Bill HR314

Us Congress 2023-2024 Regular Session

• Introduced: 4/20/23
• Refer: 4/20/23
• Refer: 5/22/23

Caption

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.