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	firstamendmentcenter.org: Religious Liberty in Public Life - Free exercise Index
		Connecticut (1940), opened the door to federal litigation against the states for religion-clause claims (by ruling that the 14th Amendment’s protections against state action “incorporates” or absorbs, the free-exercise clause of the First Amendment) there was no cause of action against the state for laws that may have impinged on religious practices.
		It had become clear to Brennan that the Court must give a “heightened scrutiny” to cases in which fundamental rights were at stake and require the state to demonstrate that the law in question served only interests that were of paramount importance.
		Cases challenging the constitutionality of RLUIPA are also making their way through the federal appellate courts.
	www.firstamendmentcenter.org /rel_liberty/free_exercise (2134 words)

	Insular Cases - Wikipedia, the free encyclopedia
		The Insular Cases are several U.S. Supreme Court cases decided early in the 20th century.
		The cases were in essence the court's response to a major issue of the United States presidential election, 1900 and the American Anti-Imperialist League, summarized by the phrase "Does the Constitution follow the flag?"
		Island-related) Cases, the Supreme Court of the United States established the framework for applying the Constitution to these islands.
	en.wikipedia.org /wiki/Insular_Cases (290 words)

	Encyclopedia :: encyclopedia : Insular area (Site not responding. Last check: 2007-11-07)
		An insular area is United States territory that is neither a part of one of the fifty states nor a part of the District of Columbia, the nation's federal district.
		Insular area is the current generic term used by the U.S. State Department to refer to any commonwealth, freely associated state, possession or territory.
		Residents of insular areas are often U.S. citizens, although they do not pay American federal taxes and cannot participate in U.S. presidential elections nor elect voting members of the U.S. Congress.
	www.hallencyclopedia.com /Insular_area (322 words)

	PUERTO RICO HERALD: Dred Scott and Balzac --- A Legacy of Equality Denied (Site not responding. Last check: 2007-11-07)
		The Insular Cases allowed the "unincorporated territories" to be governed by federal law, without "consent of the governed" to the supreme law of the land, or a status resolution policy.
		Plessy was reversed in the 1956 case Brown v.
		It was the Balzac case that separated Puerto Rico from the rest of the nation by creating a less than equal U.S. citizenship for an unincorporated territory.
	www.puertorico-herald.org /issues/2004/vol8n30/Dredscott.shtml (921 words)

	DE LIMA v (Site not responding. Last check: 2007-11-07)
		643, the case was removed by certiorari to the Circuit Court of the United States, in which the defendant appeared and demurred to the complaint upon the ground that it did not state a cause of action, and also that the court had no jurisdiction of the case.
		The briefs and the arguments were reported at length in a book entitled "The Insular Cases," compiled and published pursuant to a resolution of the House of Representatives passed in the Second Session of the 56th Congress, and containing both the briefs of counsel and their oral arguments.
		His contentions were overruled, he was tried by the court and was convicted in both cases and sentenced to five months' imprisonment in the district jail in the first, and to four months in the second, and to the payment of the costs in each.
	www-unix.oit.umass.edu /~jbrigham/Insular.html (8416 words)

	[No title]
		In the present case, for example, the DEA agents conformed to all of the requirements imposed by their foreign host, and conducted themselves in an entirely professional manner.
		In the present case, however, the Mexican officials seized several items that the DEA was not seeking; and it was Comandante Salazar, not Agent Bowen, who directed the search, including issuing the final order to seize the balance of the documents and to sort through them later.
		In the Singleton case, the Court held that civilians accompanying military personnel overseas may not be subjected to court-martial trials for non-capital offenses.
	www.usdoj.gov /osg/briefs/1989/sg890483.txt (3924 words)

	The Insular Cases and the Emergence of American Empire
		The Insular Cases and the Emergence of American Empire
		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.
		“The Insular Cases are among the most important, disturbing, and yet neglected of the nation’s constitutional landmarks.
	www.kansaspress.ku.edu /spains.html (562 words)

	H-Law \| Reviews
		A second point of consensus is the contributors' focus on the Insular Cases, a series of 23 Supreme Court decisions beginning in 1901 that distinguished between U.S. territories that were assumed to be temporary dependencies and later to become states, and those that were to remain as territories and not to become states.
		Yet the ruling of the Insular Cases, creating the category of "unincorporated territory," has no basis in the Constitution (in fact, the Constitution is silent on the quantity and quality of U.S. territorial expansion) and runs contrary to democratic principles of self-rule.
		Nonetheless, the Insular Cases have provided the legal justification for the United States' overseas possessions, and they have legitimated the second-class status accorded to the inhabitants of Puerto Rico, the Philippines (from 1898 until 1946), Guam, American Samoa, the U.S. Virgin Islands (after 1917), and the Northern Marianas (after 1975).
	www.h-net.msu.edu /~law/reviews/burnettcd.htm (1898 words)

	Insular area - Wikipedia, the free encyclopedia
		Insular area is the current generic term used by the U.S. State Department to refer to any commonwealth, freely associated state, possession or territory controlled by the U.S. government.
		Palmyra Atoll (uninhabited, owned by The Nature Conservancy but administered by the Office of Insular Affairs; part of the United States Minor Outlying Islands)
		Does Taiwan Meet the Criteria to Qualify as an Insular Area of the United States?
	en.wikipedia.org /wiki/Insular_area (390 words)

	[No title]
		In cases involving the extraterritorial application of the Constitution, we have taken care to state whether the person claiming its protection is a citizen, see, e.
		Just as the Constitution in the Insular Cases did not require Congress to implement all constitutional guarantees in its territories because of their "wholly dissimilar traditions and institutions," the Constitution does not require United States agents to obtain a warrant when searching the foreign home of a nonresident alien.
		Indeed, in a case such as this where the Government claims the existence of an international criminal conspiracy, citizens and foreign nationals may be codefendants, charged under the same statutes for the same conduct and facing the same penalties if convicted.
	www.cs.cmu.edu /afs/cs/usr/wbardwel/public/nfalist/us_v_verdugo-u.txt (11557 words)

	The Insular Cases
		United States is often classed as one of the Insular Cases, though it dealt with the Territory of Alaska, part of the North American continent.
		Verduigo-Urquidez, signaled that the Insular Cases still governed how the United States Constitution applied to the insular areas of the United States that are not States of the United States.
		Covert, 351 U.S. The announcement in those cases that the Constitution applied with full force only in the States composing the Union and in incorporated Territories was overruled, however, only a year later when the Court granted petitions for rehearing, arrived at the opposite result, and withdrew the earlier opinions.
	www.macmeekin.com /Library/Insular%20Cases.htm (1710 words)

	[No title]
		The Insular Cases The basic constitutional framework designed to govern Puerto Rico as a territory of the United States was established in the Insular Cases decided in the early part of the 20th Century.
		The language of the Insular Cases and the rhetoric surrounding their adoption were part of the legacy of the early expansionist movement, although the new circumstances brought about by the acquisition of large groups of distant, different peoples gave a new twist to the governing policies of the new imperial power.
		The dissenters in the Insular Cases repeatedly pointed out that the constitutional doctrine fashioned by the Court was contrary to the founding myths and the self-image of the Republic.
	www.utexas.edu /law/conferences/lapurchase/Papers/ERivera-Ramos.doc (4984 words)

	Institutionalized Tyranny: The Character & Color of Authority (Site not responding. Last check: 2007-11-07)
		The insular tax cases addressed a unique situation: Insular possessions ceded by Spain in 1898 following the Spanish-American War were the first territories acquired by the United States where the cession treaty did not incorporate the territory and people in the constitutional scheme.
		Cases and controversies "arising under" the Constitution and laws of the United States (Article III § 2.1 "arising under" clause), and treaties enacted by authority of the United States, are to proceed in the course of the common law as established in England at the time the Constitution was implemented.{19}
		The insular possessions are not incorporated in the constitutional scheme as territories of the United States were, so for many purposes are considered "foreign" to the several States of the Union.
	www.svpvril.com /meador_it.html (16938 words)

	Self-Determination, Civil Rights and the Future of Puerto Rico
		The so-called Insular Cases became the foundation of a new doctrine of colonial expansion.
		The Insular Cases, as commonly referred to collectively, are a series of Supreme Court cases decided from 1901 to 1922, that in conjunction, established and refined the doctrine of incorporated versus unincorporated territories.
		It was through the application of the decisions on these cases, that in the words of the current Chief Judge of the 1st Circuit of Appeals, "the Supreme Court placed its imprimatur on a colonial relationship in which Congress could exercise virtually unchecked power over the unincorporated territories ad infinitum".
	www.state.gov /s/p/of/proc/tr/11083.htm (5066 words)

	Three Insular Cases and the Taiwan Status
		This case raises the single question whether territory acquired by the United States by cession from a foreign power remains a 'foreign country' within the meaning of the tariff laws.
		A case, somewhat to the converse of this, was that of Fleming v.
		And, although not so directly applicable to the case before us, yet the decisions of the Treasury Department in relation to Amelia island and certain ports in Louisiana, after that province had been ceded to the United States, were both made upon the same grounds.
	www.taiwanadvice.com /delimavb2a3.htm (802 words)

	REID v. COVERT, 354 U.S. 1 (1957) -- US Supreme Court Cases from Justia & Oyez
		These cases are particularly significant because for the first time since the adoption of the Constitution wives of soldiers have been denied trial by jury in a court of law and forced to trial before courts-martial.
		Page 354 U.S. The "Insular Cases" can be distinguished from the present cases in that they involved the power of Congress to provide rules and regulations to govern temporarily territories with wholly dissimilar traditions and institutions whereas here the basis for governmental power is American citizenship.
		The territorial cases, in the emphasis put by them on the necessity for considering the specific circumstances of each particular case, are thus relevant in that they provide an illustrative method for harmonizing constitutional provisions which appear, separately considered, to be conflicting.
	supreme.justia.com /us/354/1/case.html (15723 words)

	Table of Contents and Excerpt, Soltero, Latinos and American Law
		These are a fraction of all cases filed in federal and state courts throughout the United States.
		Obviously missing from this discussion are tens of thousands of cases involving Latinos in the American legal system, the vast majority of which, while directly affecting lives, are decided by state courts, lower federal courts, or other courts.
		The first two chapters, as well as the cases from the Warren Court (1952-1968), highlight the fact that the roots or origins of Latinos/Hispanics in the United States stand independently and apart from immigration, or alienage, issues.
	www.utexas.edu /utpress/excerpts/exsollat.html (2023 words)

	Supreme Court Cases for AP Review
		The decision stems from the Yazoo land cases, 1803, and upholds the sanctity of contracts.
		First case to use the "Brandeis brief"; recognized a 10-hour work day for women laundry workers on the grounds of health and community concerns.
		Sometimes called "the sick chicken case." Unanimously declared the National Industrial Recovery Act (NIRA) unconstitutional on three grounds: that the act delegated legislative power to the executive; that there was a lack of constitutional authority for such legislation; and that it sought to regulate businesses that were wholly intrastate in character.
	www.mury.k12.ut.us /MHS/apus/handouts/supremecourtcases.htm (779 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		The cases shed no light on the question whether respondent - a citizen of a nonenemy nation being tried in a United States federal court - is one of "the people" protected by the Fourth Amendment.
		Covert, 354 U.S., at 14 (plurality opinion) ("[I]t is our judgment that neither the cases nor their reasoning should be given any further expansion"), and they are of no analytical value when a criminal defendant seeks to invoke the Fourth Amendment in a prosecution by the Federal Government in a federal court.
		Little, supra, at 179; Talbot, supra, at 31-32 (declaring that "where there is probable cause to believe the vessel met with at sea is in the condition of one liable to capture, it is lawful to take her, and subject her to the examination and adjudication of the courts").
	caselaw.lp.findlaw.com /cgi-bin/getcase.pl?navby=case&court=US&vol=494&invol=259&pageno=271 (11536 words)

	Highbeam Encyclopedia - Search Results for Insular (Site not responding. Last check: 2007-11-07)
		Steele co., Minn. As an attorney (1899-1904) for the Bureau of Insular Affairs in the War Dept., he dealt with the legal problems of American expansion.
		U.S. Insular Areas: Multiple Factors Affect Federal Health Care Funding.
		Insular Life nets P836 M in 2003, up 38%.(Business)
	www.encyclopedia.com /SearchResults.aspx?Q=Insular (633 words)

	After six year delay the denial of voting rights of U.S. citizens in the Virgin Islands to be heard by appellate court
		The brief outlined present U.S. policy toward citizens residing in the Virgin Islands as violating international treaty law and based on the notorious Insular Cases handed down by the Supreme Court in the early 1900's defending U.S. colonial rule of Puerto Rico.
		Like Judge Moore, this Court regrets the enduring "vitality" of the Insular Cases which, articulate the Constitution's limits on the government's ability to intrude in the lives of its citizens, depending on the physical location of those citizens....Nonetheless, this Court is bound by the decisions of the Supreme Court."
		Ballentine has appealed and the case is now pending before the appellate court where America's racist judicial legacy will once again be the subject of legal debate.
	www.opednews.com /articles/genera_michael__061218_after_six_year_delay.htm (615 words)

	February 2002 D-Brief
		The Supreme Court set forth many of these rulings in what have come to be called "The Insular Cases." These were cases applying to United States "insular" possessions, possessions said to be outside the United States, such as the Philippines and Puerto Rico.
		Verdugo-Urquidez, 494 U.S. 259 (1990), the Supreme Court, citing the Insular Cases, upheld the warrantless search, conducted by United States DEA agents, conducted in Mexico, of a non-United States citizen's dwelling.
		For a rather spectacular case, albeit only a trial level case, holding that the Constitution does indeed follow the flag, and that accused aliens, tried by the United States outside the United States, are indeed entitled to jury trial under the Constitution, see, United States v.
	csmail.law.pace.edu /newsletter/200202.html (698 words)

	Where Is Guantánamo?/Amy Kaplan, American Quarterly [Candide's Notebooks]
		In a series of decisions that came to be known as the Insular cases (1902-1922), the Court answered that question ambiguously: it decided that parts of the Constitution followed the flag, sometimes, and in certain contexts.42 In the best-known case, Downes v.
		The Insular cases legitimated a colonial space, inherently based on racism, to protect U.S. citizens from an acquired population that might belong to a race, "absolutely unfit to receive" the full responsibilities and protections of the Constitution.44 In Dowries v.
		Gerald Neuman, in a brief for the petitioners, wrote that "the Insular Cases forged a compromise between the forces of constitutionalism and the forces of empire by guaranteeing that the most fundamental constitutional rights would be honored wherever the U.S. rules as sovereign."55 Judge Green's decision powerfully endorses this view.
	www.pierretristam.com /Bobst/library/wf-184.htm (7392 words)

	We the People's Law (Site not responding. Last check: 2007-11-07)
		In every case of which a State is part of the Union, the people have approved the membership into this Union.
		The briefs and arguments within the cases argued by these two gentlemen was compiled into book form by the United States Supreme Court and distributed to Congress and the Justice Department, this is the only instance that I know of this happening.
		The significance of the briefs and arguments as to defining the complete difference between states and States of the Union along with being able to specifically determine who, where and what is legislated for by Congress outside of the restrictions of the Constitution.
	www.wethepeopleslaw.com (1239 words)

	PUERTO RICO HERALD: Puerto Rico Rights At Stake (Site not responding. Last check: 2007-11-07)
		I am referring to the Insular Cases, a series of cases decided by the Supreme Court between 1901 and 1922.
		But while those awful precedents have since been overturned, the Insular Cases still affect the lives of our citizens in the territories.
		With Hispanics now the largest minority in the country, and the possible nomination of the first Hispanic-American justice later, it might be time to have the court reconsider the Insular Cases.
	www.puertorico-herald.org /issues2/2005/vol09n32/PRRights.shtml (493 words)

	CRS/LII Annotated Constitution Sixth Amendment
		United States, 195 U.S. These holdings are, of course, merely one element of the doctrine of the Insular Cases, De Lima v.
		Justices Frankfurter and Harlan, concurring, would not accept these strictures, but were content to limit Ross to its particular factual situation and to distinguish the Insular Cases.
		Henry, 425 U.S. –42 (1976) (declining to decide whether there is a right to counsel in a court–martial, but ruling that the summary court–martial involved in the case was not a “criminal prosecution” within the meaning of the Amendment).
	www.law.cornell.edu /anncon/html/amdt6frag1_user.html (546 words)

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