Unincorporated territories of the United States
Under United States law, an unincorporated territory is an area controlled by the United States government that is not "incorporated" for the purposes of United States constitutional law. In unincorporated territories, the U.S. Constitution applies only partially. In the absence of an organic law, a territory is classified as unorganized. In unincorporated territories, "fundamental rights apply as a matter of law, but other constitutional rights are not available". Selected constitutional provisions apply, depending on congressional acts and judicial rulings according to U.S. constitutional practice, local tradition, and law.
There are currently 13 unincorporated territories, comprising a land area of approximately containing a population of approximately four million people; Puerto Rico alone comprises the vast majority of both the total area and total population.
Of the 13 territories, five are inhabited. These are either organized or self-governing but unincorporated. These are Puerto Rico, Guam, Northern Mariana Islands, U.S. Virgin Islands, and American Samoa. There are also nine uninhabited U.S. possessions, of which only Palmyra Atoll is incorporated.
Overview
All modern inhabited territories under the control of the federal government can be considered as part of the "United States" for purposes of law as defined in specific legislation. However, the judicial term "unincorporated" was coined to legitimize the late–19th-century territorial acquisitions without citizenship and their administration without constitutional protections temporarily until Congress made other provisions. The case law allowed Congress to impose discriminatory tax regimes with the effect of a protective tariff upon territorial regions which were not domestic states.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 continental territories. However, the Court in these cases also established the doctrine of territorial incorporation, under which the Constitution applies fully only in incorporated territories such as Alaska and Hawaii, and applies only partially in the new unincorporated territories of Puerto Rico, Guam and the Philippines.
To define what is an unincorporated territory, in Balzac v. People of Porto Rico,, the Court used the following statements regarding the United States District Court in Puerto Rico:
In Glidden Co. v. Zdanok, the court cited Balzac and made the following statement regarding courts in unincorporated territories:
"The inhabitants of the ceded territory... shall be admitted to the enjoyment of all the rights, advantages, and immunities of citizens of the United States;"
"This declaration, although somewhat changed in phraseology, is the equivalent, as pointed out in Downes v. Bidwell, of the formula, employed from the beginning to express the purpose to incorporate acquired territory into the United States, especially in the absence of other provisions showing an intention to the contrary."
List of unincorporated territories
Current
| Territory | Population | Area | Area | Region |
| American Samoa | 55,519 | 197.1 km2 | 75.1 sq mi | Pacific |
| Guam | 159,358 | 541.3 km2 | 209.0 sq mi | Pacific |
| Northern Mariana Islands | 53,883 | 463.63 km2 | 179.01 sq mi | Pacific |
| Puerto Rico | 3,474,182 | 9,104 km2 | 3,515 sq mi | Caribbean |
| United States Virgin Islands | 109,750 | 346.36 km2 | 133.73 sq mi | Caribbean |
| Baker Island | Uninhabited | 2.1 km2 | 0.8 sq mi | Pacific |
| Howland Island | Uninhabited | 1.8 km2 | 0.7 sq mi | Pacific |
| Jarvis Island | Uninhabited | 4.5 km2 | 1.7 sq mi | Pacific |
| Johnston Atoll | Uninhabited | 2.67 km2 | 1.03 sq mi | Pacific |
| Kingman Reef | Uninhabited | 76 km2 | 29 sq mi | Pacific |
| Midway Atoll | Uninhabited | 6.2 km2 | 2.4 sq mi | Pacific |
| Navassa Island | Uninhabited | 5.2 km2 | 2.0 sq mi | Caribbean |
| Wake Island | c. 150 non-permanent | 7.38 km2 | 2.85 sq mi | Pacific |
| Total | 4,085,200 | 12,272.24 km2 | 4,738.34 sq mi | |
| Territory | Population | Area | Area | Region |
Former
- Philippines – administered directly by the U.S. government 1898–1901; insular government 1901–1935; commonwealth 1935–1946; independent since July 4, 1946
- Panama Canal Zone – administered directly by the U.S. government 1903–1979; jointly administered with Panama 1979–1999; reverted to Panama beginning on December 31, 1999
History
;April 11, 1899
;April 12, 1900
;June 7, 1900
;April 1, 1901
;February 23, 1903
;August 29, 1916
;March 2, 1917
;March 31, 1917
;May 17, 1932
;March 24, 1934
;July 4, 1946
;July 14, 1947
;August 5, 1947
;July 1, 1950
;July 25, 1952
;July 22, 1954
;July 1, 1967
;September 12, 1967
;January 1, 1978
;October 21, 1986
;November 3, 1986
;December 22, 1990
;May 25, 1994
;October 1, 1994
;December 11, 2012