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Rejecting Insular Cases Doctrine: Constitutional Equality for US Territories

This House Resolution aims to reject historical Supreme Court decisions known as the "Insular Cases," which denied full constitutional rights to residents of US territories. Its goal is to ensure that citizens living in territories like Puerto Rico or Guam are treated equally to state residents, potentially impacting their voting rights, access to federal benefits, and overall legal treatment.
Key points
The resolution recognizes that US constitutional and democratic principles should fully apply to all territories, not just states.
It emphasizes that the "Insular Cases" decisions were based on outdated racial views and contradict the spirit of the US Constitution.
It calls for the rejection of the "Insular Cases" in all current and future cases involving the application of the Constitution in US territories, potentially leading to full legal equality for residents of these areas.
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Additional Information
Print number: 118_HRES_314
Sponsor: Rep. Grijalva, Raúl M. [D-AZ-7]
Process start date: 2023-04-20
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Source data: api.congress.gov
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OFFICIAL LEGAL TITLE

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.

FREQUENTLY ASKED QUESTIONS

What is the official ID of this bill?

The official print number for this legislation is 118_HRES_314.

Which chamber initiated this legislation?

This legislation was initiated in the House of Representatives.

When did the legislative process begin?

The process officially started on 2023-04-20.

What are the main provisions?

Key points include:

  • The resolution recognizes that US constitutional and democratic principles should fully apply to all territories, not just states.
  • It emphasizes that the "Insular Cases" decisions were based on outdated racial views and contradict the spirit of the US Constitution.
  • It calls for the rejection of the "Insular Cases" in all current and future cases involving the application of the Constitution in US territories, potentially leading to full legal equality for residents of these areas.
What is the specific legal status?

The current status is Expired.

Where can I read the full text of this legislation?

The full official text is available at: View full text

Who is the primary sponsor?

The primary sponsor is Rep. Grijalva, Raúl M. [D-AZ-7].

What is the latest detailed status?

The latest detailed status is: Referred to the Subcommittee on Indian and Insular Affairs .

Is this summary verified?

Yes. This content was analyzed by AI and verified by the Lustra Judge System on 2025-12-24.

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