Unincorporated territory

A U.S. territory for which Congress has not extended the full constitutional framework of incorporation. Its constitutional status rests on congressional authority and Supreme Court doctrine.

Insular Cases: A series of U.S. Supreme Court decisions addressing constitutional rights and federal power in overseas territories acquired around 1898. These decisions established the doctrine used to distinguish incorporated from unincorporated territories.
Puerto Rico: A Caribbean archipelago under U.S. sovereignty, with a locally elected government and a distinct territorial relationship to Congress. Its status and congressional authority have been central to modern territorial cases.
Spanish–American War: An 1898 war between Spain and the United States that transferred several overseas territories to U.S. control. The acquisitions that followed raised the constitutional questions behind territorial incorporation.
Territorial clause in Puerto Rico v. Sanchez Valle: The Supreme Court’s view that Puerto Rico’s prosecutorial authority ultimately derives from Congress under the Territorial Clause. The ruling demonstrates how territorial status can constrain claims of independent sovereignty.
Territorial Clause: The Constitution’s Property Clause, which gives Congress power to make rules and regulations for U.S. territory and property. It supplies the principal constitutional basis for congressional governance of territories.
American Samoa: A U.S. territory in the South Pacific whose residents are generally U.S. nationals rather than citizens at birth. It remains unincorporated, and its citizenship rules have prompted constitutional litigation.
Treaty of Paris (1898): The agreement ending the Spanish–American War and transferring Puerto Rico, Guam, and the Philippines to the United States. Its territorial transfers precipitated the Supreme Court cases that defined the doctrine.
Voting rights in U.S. territories: The rules governing residents’ participation in federal elections and representation in Congress while living in U.S. territories. Territorial residents generally lack voting representation in Congress and cannot vote for president from the territories.
Incorporated territory: A U.S. territory Congress has incorporated into the United States, making the Constitution apply there in full. Its constitutional status contrasts with the partial application associated with unincorporated territories.
Guam: A U.S. island territory in the western Pacific, acquired by the United States in 1898. Its present constitutional status reflects the territorial framework applied to post-1898 acquisitions.

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