Downes v. Bidwell
1901 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Downes v. Bidwell, 182 U.S. 244 (1901), was a case in which the US Supreme Court decided whether US territories were subject to the provisions and protections of the US Constitution. The issue is sometimes stated as whether the Constitution follows the flag. The decision narrowly held that the Constitution does not necessarily apply to territories. Instead, the US Congress has jurisdiction to create law within territories in certain circumstances, particularly those dealing with revenue, which would not be allowed by the Constitution for US states. It has become known as one of the "Insular Cases".
Quick Facts Downes v. Bidwell, Argued January 8–11, 1901 Decided May 27, 1901 ...
Downes v. Bidwell | |
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Argued January 8–11, 1901 Decided May 27, 1901 | |
Full case name | Samuel Downes v. George R. Bidwell |
Citations | 182 U.S. 244 (more) 21 S. Ct. 770; 45 L. Ed. 1088 |
Holding | |
The Constitution does not necessarily apply to territories. Instead, Congress has jurisdiction to create law within territories in certain circumstances, particularly those dealing with revenue, which would not be allowed by the Constitution for states within the union. | |
Court membership | |
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Case opinions | |
Plurality | Brown |
Concurrence | White, joined by Shiras, McKenna |
Concurrence | Gray |
Dissent | Fuller, joined by Harlan, Brewer, Peckham |
Dissent | Harlan |
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