[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 641 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. RES. 641
Acknowledging that the decisions rendered by the United States Supreme
Court in the so-called Insular Cases rest on the same racist and
ethnocentric assumptions leading to Plessy v. Ferguson's infamous
``separate but equal'' doctrine, that the legal doctrine emanating from
the Insular Cases has no place in United States Constitutional law, and
that the Insular Cases must be rejected in their entirety.
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IN THE HOUSE OF REPRESENTATIVES
October 18, 2019
Mr. Grijalva (for himself, Miss Gonzalez-Colon of Puerto Rico, Mr. San
Nicolas, Mr. Sablan, and Ms. Plaskett) submitted the following
resolution; which was referred to the Committee on the Judiciary, and
in addition to the Committee on Natural Resources, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
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RESOLUTION
Acknowledging that the decisions rendered by the United States Supreme
Court in the so-called Insular Cases rest on the same racist and
ethnocentric assumptions leading to Plessy v. Ferguson's infamous
``separate but equal'' doctrine, that the legal doctrine emanating from
the Insular Cases has no place in United States Constitutional law, and
that the Insular Cases must be rejected in their entirety.
Whereas the Spanish Kingdom transferred to the United States sovereignty over
Puerto Rico, the Philippine Islands, and Guam pursuant to the 1898
Treaty of Paris, which put an end to the so-called Spanish-American War;
Whereas the newly acquired territories were non-contiguous archipelagos
separated by thousands of miles from the United States continental
mainland and inhabited by distinct nationalities made up by peoples
whose races, languages, cultures, and religious beliefs set them apart
from the dominant Anglo-Saxon societal structure then in place in the
United States;
Whereas the constitutional question of whether the United States Constitution
followed the United States flag into these new lands was answered by the
United States Supreme Court in a series of decisions announced in 1901
commonly known as the Insular Cases;
Whereas the same Fuller Court that rendered the discredited Plessy v. Ferguson
decision in 1896 also resolved the Insular Cases;
Whereas a fractured United States Supreme Court found that the United States
Constitution did not follow the United States flag into these new far-
flung possessions;
Whereas the United States Supreme Court held that the Caribbean and Pacific
possessions were now unincorporated territories belonging to the United
States but not a part of the United States as that phrase is used in the
Uniformity Clause of the United States Constitution;
Whereas under the Insular Cases only those rights deemed to be fundamental apply
to the unincorporated territories;
Whereas notions of Anglo-Saxon racial and imperialist supremacy, together with
the perceived racial and cultural inferiority of non-White peoples,
drove the outcome of the Insular Cases;
Whereas in 1900, the Eastern Samoan Islands, now known as American Samoa,
transferred its sovereignty to the United States;
Whereas in 1917, Denmark transferred to the United States sovereignty of the
Danish West Indies, now known as the Virgin Islands of the United
States;
Whereas in 1976, the Northern Mariana Islands entered into a covenant with the
United States establishing the territory's status as a self-governing
commonwealth in political union with the United States;
Whereas the Insular Cases today negatively impact a community of nearly
4,000,000 Americans living in Puerto Rico, Guam, the Virgin Islands of
the United States, the Commonwealth of the Northern Mariana Islands, and
American Samoa;
Whereas the doctrine established by the Insular Cases is still used to
perpetuate the egregious unequal treatment of United States citizens and
nationals in the territories;
Whereas jurists and legal scholars have recognized that the Insular Cases rest
on reasoning that runs afoul the original intent of the framers of the
United States Constitution; and
Whereas the imperialist and racist ideologies underlying the Insular Cases must
be rejected: Now, therefore, be it
Resolved, That the House of Representatives--
(1) recognizes the importance of supporting equal rights
and upholding the interests of Americans living in the United
States territories;
(2) acknowledges that the Insular Cases rest on racist and
imperialist assumptions that have no place in the
constitutional landscape of the United States; and
(3) rejects the Insular Cases and their application to all
present and future cases and controversies.
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