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Incorporated territory
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Territories of the United States are one type of political division of the United States, administered by the U.S. government but 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.
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Encyclopedia
Territories of the United States are one type of political division of the United States, administered by the U.S. government but 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). The organized incorporated territories of the United States existed from 1789 to 1959, through which 31 territories applied for and won statehood. The U.S. had no unincorporated territories (also called "overseas possessions" or "insular areas") until 1898 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.
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 since the Territory of Hawaii was admitted as a U.S. state in 1959 all organized territories have been non-incorporated.
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.
This sense of the word originates in the 20th Century, and should not be confused with the earlier identification of four states as "commonwealths:" Kentucky, Massachusetts, Virginia and Pennsylvania. Their use of the word "commonwealth" is of no legal or constitutional significance. They are legally states, fully equivalent to the other 46 states of the United States.
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.
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.
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
- Bajo Nuevo Bank, uninhabited (claimed by Jamaica and several other Central American countries)
- Serranilla Bank, uninhabited (claimed by Colombia)
- 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.
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)
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)
Other zones
See also
External links
- regarding the distinction between incorporated and unincorporated territories
- regarding application of U.S. law to organized but unincorporated territories
- regarding application of U.S. law to unorganized unincorporated territories
- Definitions of Insular Area Political Organizations
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