# What This Resolution Actually Does

This is a symbolic statement from Congress saying that a series of old Supreme Court decisions called the "Insular Cases" were wrong and should be rejected. These cases, decided over a century ago, created a legal framework that allows the Constitution to apply differently in U.S. territories than it does in the fifty states. The resolution is essentially Congress saying "we don't agree with this anymore" and calling on the courts to stop using these decisions as legal justification.

Here's why this matters: The Insular Cases were decided around 1900 when the U.S. acquired territories like Puerto Rico, Guam, and the Virgin Islands. The Supreme Court at that time ruled that Congress could decide which parts of the Constitution apply in these territories and which parts don't. The resolution points out that the justices who wrote these decisions used openly racist language, describing the people living in these territories as "alien races" and "uncivilized." The resolution argues this reasoning is the same racist logic that justified segregation under "separate but equal" laws. Today, over 3.5 million Americans live in these territories, and the Insular Cases have been used to justify treating them differently—denying some voting rights, limiting citizenship benefits, and creating unequal treatment under federal programs.

This resolution doesn't change any laws directly. It's a statement of principle saying Congress believes the Constitution should apply equally everywhere in the United States, including territories. The real impact depends on whether courts will listen. Some recent Supreme Court decisions have already questioned whether the Insular Cases should still be used, so this resolution adds political weight to that judicial skepticism. If courts eventually overturn or stop relying on these cases, it could lead to more equal treatment for territorial residents in voting rights, citizenship, and federal benefits.

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.

Grijalva, Raúl M.

 <p>This resolution rejects&nbsp;the Supreme Court's decisions in the Insular Cases (a series of cases regarding the application of constitutional rights in U.S. territories) and recognizes that constitutional and democratic principles apply throughout the states and territories of the United States.</p>