Unincorporated Territories Information
— Commonwealth — Indian reservation — Territories
Territories of the United States are one type of political division of the United States, overseen directly by the federal government of the United States and not any part of a U.S. state. These territories were created to govern newly acquired land while the borders of the United States were still evolving. Territories can be classified by whether they are incorporated (part of the United States proper) and whether they have an organized government (through an Organic Act passed by the U.S. Congress or a territorial constitution (and functioning legislature), as the region was striving for statehood).
Many organized incorporated territories of the United States existed from 1789 to 1959, through which 31 territories applied for and achieved statehood. In the process of organizing and promoting territories to statehood, many unorganized territories were orphaned from the parts of a larger territory wherein the whole was ineligible, usually demographically lacking sufficient development and population densities at the time a vote could be taken petitioning Congress for statehood rights.
The U.S. had no unincorporated territories (also called "overseas possessions" or "insular areas") until 1856 but continues to control several of them today.
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.[1]
All territory under the control of the federal government is considered part of the "United States" for purposes of law.[2] From 1901 to 1905, the U.S. Supreme Court in a series of opinions known as the Insular Cases held that the Constitution extended ex proprio vigore to the territories. However, the Court in these cases also established the doctrine of territorial incorporation. Under the same, the Constitution only applied fully in incorporated territories such as Alaska and Hawaii, whereas it only applied partially in the new unincorporated territories of Puerto Rico, Guam and the Philippines.[3][4]
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
No incorporated organized territories have existed since 1959, the last two being Territory of Hawaii and Territory of Alaska, both which achieved statehood in that year.
Incorporated unorganized territories
Location of the insular areas: The USA incorporated unorganized territory unincorporated organized territory Commonwealth status unincorporated unorganized territory- 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 with about 1.56 sq mi (4 km2) of land area, lying about 1,000 miles (1,609 km) south of Oahu, Hawaii. The atoll was acquired by the United States through the annexation of the Republic of Hawaii in 1898. When the Territory of Hawaii was incorporated on April 30, 1900, Palmyra Atoll was incorporated as part of that territory. However, when the State of Hawaii was admitted to the Union in 1959, the Act of Congress explicitly separated Palmyra Atoll from the newly federated state. Palmyra remained an incorporated territory, but received no new organized government.[5]
Palmyra was formerly (before 1950) a seaplane base used by Pan American Airlines and the U.S. Navy. It had a Pan American hotel that was used for overnight stops by travelers. It was along an air travel route that linked Hawaii with American Samoa, Australia, and other destinations in the south Pacific as non-stop flights were not possible.
There are also "territories" that have the status of being incorporated but that are not organized:
- U.S. coastal waters out to 12 nautical miles offshore.
- U.S. flagged vessels at sea, naval, coast guard, or civilian.
Unincorporated organized territories
- Guam (since 1898): also the home of a U.S. Naval Base and a U.S. Air Force Base.
- Northern Mariana Islands: formerly a United Nations Trust Territory under the administration of the United States, it established itself as a U.S. Commonwealth in 1978.
- Puerto Rico (since 1898): established as a U.S. Commonwealth in 1952.
- United States Virgin Islands (since 1917): these were purchased by the U.S. from Denmark.
Unincorporated unorganized territories
- Islands in the Pacific Ocean
- American Samoa: (since 1898): locally self-governing under a constitution last revised in 1967.
- Swains Island: Annexed by the United States on March 4, 1925, currently administered by American Samoa, and claimed by both New Zealand and Tokelau.
- Wake Island: no longer under the jurisdiction of the Department of the Navy, now only inhabited by civilian contractors. It is now primarily a wildlife refuge.
- Midway Islands: no longer under the jurisdiction of the Department of the Navy, now inhabited only by caretakers. It is now primarily a wildlife refuge.
- Johnston Atoll: last used by the Department of Defense in about 2005.
- Baker Island: now uninhabited
- Howland Island: now uninhabited
- Jarvis Island: now uninhabited
- Kingman Reef: now uninhabited
- Islands in the Caribbean Sea
- Bajo Nuevo Bank: uninhabited; also claimed by Colombia, by Nicaragua, and by Jamaica.
- Serranilla Bank: currently the site of a Colombian naval garrison; also claimed by Nicaragua, and by Honduras.
- Navassa Island: uninhabited; claimed by Haiti.
Extraterritorial jurisdiction
The United States exercises some degree of extraterritorial jurisdiction over its embassy, overseas military, and leased areas such as:
- Guantanamo Bay Naval Base (since 1903): A 45 sq mi (117 km2) area of land along Guantánamo Bay, Cuba, to which the United States holds a perpetual lease.[6] This is disputed by the Cuban government. The U.S. pays its annual lease payment by check, but the Cuban government has refused to cash them for decades.
- Certain other 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.
Classification of former U.S. territories and 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)
- The Line Islands (? – 1979): Disputed claim with United Kingdom, all U.S. claims were ceded to Kiribati upon its independence in 1979.
- The Panama Canal Zone (1903–1979): sovereignty was returned to Panama under the Torrijos-Carter Treaties of 1978; the U.S. retained a military base there and actual control of the Canal until December 31, 1999.
- The Corn Islands (1914–1971): leased for 99 years under the Bryan-Chamorro Treaty, but these were returned to Nicaragua upon the abrogation of the treaty in 1970.
- Roncador Bank (1856–1981): claimed under Guano Islands Act was ceded to Colombia on September 7, 1981, by treaty.
- Quita Sueño Bank (1869–1981): claimed under Guano Islands Act, claim abandoned on September 7, 1981, by treaty.
- Serrana Bank (?–1981): claimed under Guano Islands Act was ceded to Colombia on September 7, 1981, by treaty.
- Swan Islands (1863–1972) claimed under Guano Islands Act was ceded to Honduras in 1972, by treaty.
- The Philippine Islands (1902–1935); the Commonwealth of the Philippines (1935–46): granted full independence on July 4, 1946.
- Phoenix Islands (?–1979): Disputed claim with United Kingdom, all U.S. claims were ceded to Kiribati upon its independence in 1979.
Former unincorporated territories of the United States under military government
- Puerto Rico (April 11, 1899 – May 1, 1900): civil government operations began
- Philippines (August 14, 1898[7] – 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.
- Philippines (August 14, 1898 – July 4, 1946): sovereignty recognized as Republic of the Philippines.
- Nicaragua was occupied by the United States from 1912 to 1933.
- Veracruz was occupied by the United States for six months, from April 21, 1914 to November 23, 1914.
- Haiti was occupied by the United States from 1915 to 1934.
- The Dominican Republic was occupied by the United States from 1916 to 1924 and again in 1965–1966.
- 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.[8]
- Nanpo Islands (1945–1968): Returned to Japanese control by mutual agreement.
- Marcus Island (or Minamitorishima) (1945–1968): Returned to Japanese control by mutual agreement.
- Falkland Islands (1831–1832)
Other zones
- United States occupation of Greenland (1941–1945)[9]
- United States occupation of Iceland (1941–1946)[9]
- American Occupation Zones in Austria and Vienna (1945–1955)
- American Occupation Zone in West Berlin (1945–1990)
- American Occupation Zones in Allied Occupation Zones in Germany (1945–1949)
- Allied Military Government for Occupied Territories in full force in Allied controlled sections of Italy from Invasion of Sicily in July of 1943 until the armistice with Italy in September 1943. AMGOT continued in newly liberated areas of Italy until the end of World War II. Also existed in combat zones of Allied nations such as France.
- Free Territory of Trieste (1947–1954) US co-administered a portion of the Free Territory along with the UK.
- Japan (1945–1952)
- Rhineland (Germany) (1918–1921)
- South Korea (1945–1948)
- Coalition Provisional Authority Iraq (2003–2004)
- Green zone Iraq (March 20, 2003 – December 31, 2008[10])
- Clipperton Island (1944–1945), occupied territory; returned to France on 23 Oct 1945
See also
- United States Minor Outlying Islands
- Political divisions of the United States
- Historic regions of the United States
- Organic Acts of 1845–46
- Enabling act (United States)
- Hawaiian Organic Act
- Territorial Clause
- Insular Cases
References
- ^ Definitions of insular area political organizations, Office of Insular Affairs, U.S. Department of the Interior, http://www.doi.gov/oia/Islandpages/political_types.htm, retrieved 2007-11-14
- ^ See 8 U.S.C. § 1101(a)(36) and 8 U.S.C. § 1101(a)(38) Providing the term “State” and "United States" definitions on the U.S. Federal Code, Inmigration and Nationality Act. 8 U.S.C. § 1101a
- ^ CONSEJO DE SALUD PLAYA DE PONCE v JOHNNY RULLAN, SECRETARY OF HEALTH OF THE COMMONWEALTH OF PUERTO RICO Page 6 and 7, The United States District Court for the District of Puerto Rico, http://puertoricoadvancement.org/Documents/Consejo%20De%20Salud%20Playa%20De%20Ponce%20V.%20Johnny%20Rullan%20-%20Secretary%20of%20Health%20of%20the%20Commonwealth%20of%20Puerto%20Rico.pdf, retrieved 4 February 2010 .
- ^ The Insular Cases: The Establishment of a Regime of Political Apartheid" (2007) Juan R. Torruella, http://www.law.upenn.edu/journals/jil/articles/volume29/issue2/Torruella29U.Pa.J.Int'lL.283(2007).pdf, retrieved 5 February 2010 .
- ^ "Palmyra Atoll". US Department of the Interior Office of Insular Affairs. http://www.doi.gov/oia/Islandpages/palmyrapage.htm. Retrieved 2010-06-23.
- ^ Agreement Between the United States and Cuba for the Lease of Lands for Coaling and Naval stations, The Avalon Project at Yale Law School, February 23, 1903, http://avalon.law.yale.edu/20th_century/dip_cuba002.asp, retrieved 2008-04-02
- ^ Zaide, Sonia M. (1994), The Philippines: A Unique Nation, All-Nations Publishing Co., p. 279, ISBN 971-642-071-4, http://books.google.com/books?id=6YMsNgAACAAJ
- ^ Okinawa Reversion Agreement - 1971, The Contemporary Okinawa Website. Accessed 5 June 2007.
- ^ a b In Danger Undaunted: The Anti-Interventionist Movement of 1940–1941 by Justus D. Doenecke:
- ^ Campbell Robertson; Stephen Farrell (December 31, 2008), Green Zone, Heart of U.S. Occupation, Reverts to Iraqi Control, The New York Times, http://www.nytimes.com/2009/01/01/world/middleeast/01greenzone.html?_r=1&ref=todayspaper
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
- United States District Court decision addressing the distinction between Incorporated vs Unincorporated territories
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Categories: Subdivisions of the United States | Territories of the United States | United States federal territory and statehood legislation | Insular areas of the United States
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