US Territories: Consent, Equality & Self-Governance
- The relationship between the United States and its five inhabited territories – American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S.
- These territories are distinct from both sovereign nations and U.S.
- Individuals born in Guam, the Northern Mariana Islands, Puerto Rico, and the U.S.
Territorial Courts and the U.S. Constitution
The relationship between the United States and its five inhabited territories – American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands – is a complex one, rooted in a history of U.S. Overseas colonization spanning the late 19th and 20th centuries. Over 3.5 million people reside in these territories, each possessing its own court system and a governing document akin to a constitution.
These territories are distinct from both sovereign nations and U.S. Federal districts. They operate under a unique framework established by Article IV, Section 3 of the U.S. Constitution, which grants Congress broad authority over U.S. Territories. This “plenary authority” allows Congress significant control over their governance.
Citizenship and Representation
Citizenship status varies among the territories. Individuals born in Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands are American citizens. However, those born in American Samoa are U.S. Nationals. In , the Supreme Court declined to hear an appeal that sought to extend full U.S. Citizenship to those born in American Samoa.
Despite being U.S. Territories, residents do not have voting representation in Congress or participate in the Electoral College. Each territory does elect a nonvoting member of Congress – a delegate (or, in Puerto Rico’s case, a resident commissioner) – who can participate in debates but not cast votes on legislation.
Governing Documents and Court Systems
Each of the five inhabited U.S. Territories has its own court system. These systems operate alongside the federal court system, creating a dual structure for legal proceedings. Each territory also has its own constitution or similar governing document, outlining the structure of its government and the rights of its citizens.
The specifics of these court systems and governing documents vary from territory to territory. The State Court Report explainer notes that You’ll see both similarities and differences between state and territorial systems, but does not elaborate on those specifics.
Historical Context
The existence of these territories is a legacy of U.S. Expansionism, including the possession of the Philippines from to . The territories represent a unique area of U.S. Law and governance, operating within the framework of the Constitution but subject to the plenary power of Congress.
The information was last updated on .