Bureau of Insular Affairs in the context of "Insular Government of Porto Rico"

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⭐ Core Definition: Bureau of Insular Affairs

The Bureau of Insular Affairs was a division of the United States Department of War that oversaw civil administration aspects of several U.S. territories from 1898 until 1939.

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👉 Bureau of Insular Affairs in the context of Insular Government of Porto Rico

The Insular Government of Porto Rico (Spanish: Gobierno Insular de Puerto Rico), known as the Insular Government of Puerto Rico after May 17, 1932, was an unincorporated and organized territory of the United States that was established when the Foraker Act became effective on April 12, 1900. The Insular Government was preceded by the Military Government of Porto Rico and was followed by the Commonwealth of Puerto Rico.

The term "insular" refers to the fact that the government operated under the authority of the Bureau of Insular Affairs. The Philippines also had an insular government at this time. From 1901 to 1922, the U.S. Supreme Court wrestled with the constitutional status of these governments in the Insular Cases.

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Bureau of Insular Affairs in the context of Insular Cases

The Insular Cases are a series of opinions by the Supreme Court of the United States in 1901 about the status of U.S. territories acquired in the Spanish–American War. Some scholars include cases regarding territorial status decided up until 1914, and others include related cases as late as 1979.The term "insular" signifies that the territories were islands administered by the War Department's Bureau of Insular Affairs. Today, the categorizations and implications put forth by the Insular Cases still govern the United States' territories.

When the war ended in 1898, the United States had to answer the question of whether or not people in newly acquired territories were citizens, a question the country had never faced before. The preliminary answer came from a series of Supreme Court rulings, now known as the Insular Cases, which responded to the question of how American constitutional rights apply to those in United States territories. The Supreme Court held that full constitutional protection of rights does not automatically (or ex proprio vigore—i.e., of its own force) extend to all places under American control. This meant that inhabitants of unincorporated territories such as Puerto Rico—"even if they are U.S. citizens"—may lack some constitutional rights (e.g., the right to remain part of the United States in case of de-annexation) because they were not part of the United States. Today, many legal scholars such as José Julián Álvarez González, Christina Burnett, and others refer to the Insular Cases as a constitutional justification for colonialism and annexation of places not within United States boundaries. The Insular Cases "authorized the colonial regime created by Congress, which allowed the United States to continue its administration—and exploitation—of the territories acquired from Spain after the Spanish–American War." These Supreme Court rulings allowed for the United States government to extend unilateral power over these newly acquired territories.

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Bureau of Insular Affairs in the context of Title 48 of the United States Code

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