United States Territories encyclopedia topics

Incorporated and unincorporated territories

An incorporated territory of the United States is a specific area under the jurisdiction of the United States, over which the United States Congress has determined that the United States Constitution is to be applied to the territory's local government and inhabitants in its entirety (e. g. citizenship, trial by jury), in the same manner as it applies to the local governments and residents of the U.S. states. Incorporated territories are considered an integral part of the United States, as opposed to being merely possessions.

In contrast, an unincorporated territory is an area under U.S. jurisdiction, to which Congress has determined that only select parts of the U.S. Constitution apply. Unincorporated territories are essentially colonies, under the supremacy clause, receiving only whatever powers are offered by the U.S. Congress.

Incorporation as it applies to territories is regarded as a permanent condition. Once incorporated, a territory can no longer be de-incorporated; that is, it can never be excluded from the jurisdiction of the United States Constitution (with a few exceptions; some small adjustments to incorporated U.S. territory have been ceded to foreign powers as the result of border settlements (see Rio Rico, Texas). The term "incorporated", in this sense, does not refer to the act of creating a civil government entity (e.g. a city or a town).

Organized and unorganized territories

An organized territory is a territory for which the United States Congress has enacted an Organic Act to formally set forth its system of government. Such territories can be incorporated or not, but only non-incorporated, organized territories have existed since the Territory of Hawaii was admitted as a U.S. state in 1959.

Form of government

The provisions of an Organic Act typically include the establishment of a Bill of Rights for the territory, as well as the framework of a tripartite government. Such a territory is said to be organized. Historically, an organized territory differed from a state in that although the organic act allowed for limited self-government, a territory had no constitution and ultimate authority over the territory was held not by the territorial government but by the United States Congress. Some contemporary organized territories have constitutions, but such constitutions are distinct from state constitutions in that they do not qualify the territory for becoming a state of the union.

Incorporated organized territories

The first organized territory in the United States was the Northwest Territory, organized in 1787 by the passage of the Northwest Ordinance, which is the prototype for subsequent organic acts. In the following century and a half, 29 other territories were organized at one time or another. Historically, the organization of a territory by the passage of an organic act was typically a prelude to statehood. All of these were incorporated territories, meaning that they were fully part of the United States, though that distinction did not arise until the first non-incorporated territories were gained following the Spanish-American War in 1898.

Non-incorporated organized territories

In the current lexicon of the United States political insular areas, a "commonwealth" is considered a special case of an organized territory. At present, there are two—Puerto Rico and the Northern Mariana Islands. Neither of these, however, is an incorporated territory.

Additionally, Guam and the United States Virgin Islands are organized territories, but they are neither incorporated nor considered commonwealths. On the other hand, American Samoa is formally considered an unorganized territory, though it is self-governing under a 1967 constitution.

There are four other commonwealths in the United States: Kentucky, Massachusetts, Virginia and Pennsylvania. Though they use those terms, they are tantamount to states and not indicative of some other territorial status.

History

Most of the historic territories of the United States, including all the ones that eventually became U.S. states, were incorporated organized territories, that is, incorporated territories for which Congress established a local civil government. The distinction between unincorporated territories and incorporated territories did not arise until the 20th century, following the acquisition by the United States of possessions arising from the Spanish-American War, including the Philippines, Guam, and Puerto Rico. Previously, the United States had acquired territory only through annexation, with all territories being de facto incorporated territories.

The distinction between incorporated and unincorporated territories was clarified in the 1937 United States Supreme Court case People of Puerto Rico v. Shell Oil Co., in which the Court determined that the Sherman Antitrust Act, which had referred only to "territories," applied to Puerto Rico even though it was not an incorporated territory of the United States. See also: Insular Cases, and Guano Islands Act.

In the contemporary sense, the term "unincorporated territory" refers primarily to insular areas. There is currently only one incorporated territory, Palmyra Atoll, which is not an organized territory. Conversely, a territory can be organized without being an incorporated territory, a contemporary example being Puerto Rico.

See organized incorporated territories of the United States and unincorporated territories of the United States for timelines.

Classification of current U.S. territories

Incorporated organized territories

none since 1959

Incorporated unorganized territories

Palmyra Atoll is privately owned by the Nature Conservancy and administered by the U.S. Department of the Interior. It is an archipelago of about 50 small islands about 1.56 square miles (4 km²) in area that lies about 1,000 miles (1,600 km) south of Honolulu. The atoll was acquired by the United States in the 1898 annexation of the Republic of Hawaii. When the Territory of Hawaii was incorporated on April 30, 1900, Palmyra Atoll was incorporated as part of that territory. However, when Hawaii became a state in 1959, Palmyra Atoll was explicitly separated from the state, remaining an incorporated territory but receiving no new organized government.

There are in addition also "territories" that have the status of being incorporated but that are not organized:

U.S. coastal waters out to 12 nautical miles, and tidelands of every coastal state except Texas.
U.S. flag vessels at sea.
The grounds of U.S. diplomatic missions abroad, by reciprocal treaty with the host country.

A person born in one of these is regarded as "natural born" for purposes of qualifying to serve as president.

Unincorporated organized territories

Unincorporated unorganized territories

American Samoa, technically unorganized, but self-governing under a constitution last revised in 1967
Baker Island, uninhabited
Howland Island, uninhabited
Jarvis Island, uninhabited
Johnston Atoll, uninhabited
Kingman Reef, uninhabited
Petrel Islands, uninhabited
Serranilla Bank, uninhabited
Midway Islands, no indigenous inhabitants, currently included in the Midway Atoll National Wildlife Refuge
Navassa Island, uninhabited (claimed by Haiti)
Wake Atoll consisting of Peale, Wake and Wilkes Islands, no indigenous inhabitants, only contractor personnel (claimed by the Marshall Islands)

There is also a special kind of unincorporated unorganized territory:

Certain parcels in foreign countries held by lease, such as military bases, depending on the terms of a lease, treaty, or status of forces agreement with the host country.

Someone born to U.S. citizen parents in these is regarded not as "natural born" but automatically "naturalized at birth".

Classification of former U.S. territories & administered areas

Former incorporated organized territories of the United States

See Organized incorporated territories of the United States for a complete list.

Former unincorporated territories of the United States (incomplete)

Line Islands (?–1979): Disputed claim with United Kingdom, all U.S. claims ceded to Kiribati upon its independence.
Panama Canal Zone (1903–1999): sovereignty returned to Panama under the Torrijos-Carter Treaties; the U.S. retains a military interest
Corn Islands (1914-1971): leased for 99 years under the Bryan-Chamorro Treaty but were returned to Nicaragua after the abrogation of the treaty in 1970.
Roncador Bank (1856-1981): claimed under Guano Islands Act was ceded to Colombia in September 7, 1981 by treaty.
Quita Sueño Bank (1869-1981): claimed under Guano Islands Act was ceded to Colombia in September 7, 1981 by treaty.
Serrana Bank (?-1981): claimed under Guano Islands Act was ceded to Colombia in September 7, 1981 by treaty.
Philippine Islands (1902–1935); Commonwealth of the Philippines (1935–1946): Full independence in 1946.
Phoenix Islands (?–1979): Disputed claim with United Kingdom, all U.S. claims ceded to Kiribati upon its independence.

Former unincorporated territories of the United States under military government

Puerto Rico (April 11, 1899-May 1, 1900): civil government operations began
Philippines (April 11, 1899-July 4, 1901): civil government operations began
Guam (April 11, 1899-July 1, 1950): civil government operations began

Areas formerly administered by the United States (incomplete)

Cuba (April 11, 1899-May 20, 1902): sovereignty recognized as Republic of Cuba
Trust Territory of the Pacific Islands (1947–1986): included the Compact of Free Association nations (Marshall Islands, Federated States of Micronesia, and Palau) and the Northern Mariana Islands
Ryukyu Islands (1952–1972): returned to Japanese control, included some other minor islands under the Agreement Between the United States of America and Japan concerning the Ryukyu Islands and the Daito Islands.

Other zones

Austria and Vienna (1945–1955)
West Berlin (1945–1990)
Allied Occupation Zones in Germany (1945–1949)
Guantanamo Bay Naval Base (1903-) A 45 mi area of Guantánamo Bay, Cuba to which the U.S.holds a perpetual lease.
Japan (1945–1952)
Rhineland (1918–1921)
South Korea (1945–1948)
Green zone Iraq (March 20, 2003–)

References

External links

FindLaw: Downes v. Bidwell, 182 U.S. 244 (1901) regarding the distinction between incorporated and unincorporated territories
FindLaw: People of Puerto Rico v. Shell Co., 302 U.S. 253 (1937) regarding application of U.S. law to organized but unincorporated territories
FindLaw: United States v. Standard Oil Company, 404 U.S. 558 (1972) regarding application of U.S. law to unorganized unincorporated territories
Television Stations in U.S. Territories
Unincorporated Territory
Office of Insular Affairs
Application of the US Constitution in US Insular Areas
Department of the Interior Definitions of Insular Area Political Organizations

Wikipedia, the free encyclopedia © 2001-2006 Wikipedia contributors (Disclaimer)
This article is licensed under the GNU Free Documentation License.
Last updated on Wednesday July 23, 2008 at 12:36:47 PDT (GMT -0700)
View this article at Wikipedia.org - Edit this article at Wikipedia.org - Donate to the Wikimedia Foundation

CITE THIS SOURCE|PRINT

Sponsored Links Need Territory Maps?
Create Professional Maps in Minutes Download Free Evaluation Trial Now!
www.TerritoryMapper.com/Mapping

Us Map
Free Maps and Driving Directions. Conveniently Plan Your Drive!
MapNation.com

Wikipedia

An insular area is a 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.

Because those insular areas that are inhabited are unincorporated territories, their native-born inhabitants are not constitutionally entitled to United States citizenship under the Citizenship Clause. However, Congress has extended citizenship rights to all inhabited territories with the exception of American Samoa, and these citizens may vote and run for office in any U.S. jurisdiction in which they are resident. Residents of American Samoa are U.S. nationals, but not U.S. citizens; they are free to move around and seek employment within the whole United States without immigration restrictions, but cannot vote or hold office outside of American Samoa.

Residents of insular areas do not pay U.S. federal taxes, but most pay taxes to the territorial governments at the same rates as U.S. federal income taxes. Insular areas do not choose electors in U.S. presidential elections nor do they elect voting members of the U.S. Congress. Goods manufactured in insular areas of the United States can be labeled "Made in USA."

The U.S. State Department uses the term insular area to refer not only to these territories under the sovereignty of the United States, but also those independent nations that have signed a Compact of Free Association with the United States. While these nations participate in many otherwise domestic programs, they are legally distinct from the United States and their inhabitants are not United States citizens or nationals.

List and status of insular areas

Several islands in the Pacific Ocean and Caribbean Sea are considered insular areas of the United States.

Incorporated (integral part of United States)

Inhabited

none

Uninhabited

Palmyra Atoll (uninhabited, owned by The Nature Conservancy but administered by the Office of Insular Affairs; part of the United States Minor Outlying Islands)

Unincorporated (United States' possessions)

Inhabited

American Samoa (officially unorganized, although self-governing under authority of the U.S. Department of the Interior)
Guam (organized under Organic Act of 1950)
Northern Mariana Islands (commonwealth, organized under 1977 Covenant)
Puerto Rico (territory with commonwealth status, organized under terms of Puerto Rico-Federal Relations Act)
U.S. Virgin Islands (organized under Revised Organic Act of 1954)

Uninhabited

Along with Palmyra Atoll, these form the United States Minor Outlying Islands:

Baker Island
Howland Island
Jarvis Island
Johnston Atoll
Kingman Reef
Midway Islands (administered as the Midway Atoll National Monument)
Navassa Island
Wake Island

From July 18, 1947 until October 1, 1994, the U.S. administered the Trust Territory of the Pacific Islands, but more recently entered into a new political relationship with all four political units (one of which is the Northern Mariana Islands listed above, the others being the three freely associated states noted below).

Freely associated states

The freely associated states are the three sovereign states with which the United States has entered into a Compact of Free Association. They have not been within U.S. jurisdiction since they became sovereign; however, many considered them to be dependencies of the United States until each was admitted to the United Nations in the 1990s.

Disputed

Navassa Island (with Haiti)
Wake Island (with Marshall Islands)
Serranilla Bank (with Colombia)
Bajo Nuevo Bank (with Jamaica)

Former colonies

Philippines, granted to U.S. through the Treaty of Paris in 1898, achieved independence on July 4th, 1946.
Cuba, granted to U.S. through the Treaty of Paris in 1898, gained formal independence on May 20, 1902.