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Insular area

From Wikipedia, the free encyclopedia
U.S. territory that is neither a state nor the District of Columbia
Not to be confused with the ISO statistical designationUnited States Minor Outlying Islands.
A world map highlighting the several island claims of the United States
Locations of the insular areas of the United States, color-coded to indicate status
  Incorporated unorganized territory
  Unincorporated organized territory
  Unincorporated organized territory withCommonwealth status
  Unincorporated unorganized territory

In thelaw of the United States, aninsular area is a U.S.-associated jurisdiction that is not part of aU.S. state or theDistrict of Columbia. This includes fourteenU.S. territories administered under U.S. sovereignty, as well as threesovereign states each with aCompact of Free Association with the United States.[1][2] The term also may be used to refer to the previous status of theSwan Islands,Hawaii, and thePhilippines, as well as theTrust Territory of the Pacific Islands when it existed.

Three of the U.S. territories are in theCaribbean Sea, eleven are in thePacific Ocean, and all three freely associated states are also in the Pacific. Two additional Caribbean territories are disputed and administered byColombia.

Article IV, Section 3, Clause 2 of theU.S. Constitution grants to theUnited States Congress the responsibility of overseeing the territories.[a] A series ofU.S. Supreme Court decisions known as theInsular Cases created a distinction between "incorporated territories", where the full Constitution of the United States applies, and "unincorporated territories", where only basic protections apply. The only current incorporated territory,Palmyra Atoll, is uninhabited.

A U.S. territory is considered "organized" when the U.S. Congress passes anorganic act for it.[1] Three of the U.S. territories with a permanent non-military population have constitutions, and all five have locally elected territorial legislatures and executives, and some degree of politicalautonomy. Four of the five are "organized", butAmerican Samoa is technically "unorganized" and subject to the direct jurisdiction of theOffice of Insular Affairs.

Beach in American Samoa

History

[edit]

The first insular areas that the United States occupied wereBaker Island,Howland Island, andNavassa Island (1857). ThenJohnston Atoll andJarvis Island (both in 1858) would be claimed. After theSpanish–American War in 1898, several territories were taken that are still under U.S. sovereignty (Puerto Rico andGuam, both in 1898).[3]Palmyra Atoll was annexed along with theRepublic of Hawaii (formerly aKingdom) that same year.American Samoa was reclaimed the following year (1899). In 1917, at the height ofWorld War I, Denmark sold theDanish Virgin Islands to the United States.[4]

The U.S. Navy annexed Kingman Reef in 1922.Spain had sold theNorthern Mariana Islands to Germany in 1899.[5] The islands passed to Japan, which in turn lost them to the United States in 1945 after the end of World War II.

TheMarshall Islands became self-governing in 1979 and fully independent along with theFederated States of Micronesia in 1986.Palau achieved independence in 1994.[6] The three countries maintain sovereignty with free association status with the United States, which provides them with defense assistance and economic resources.

Timeline

[edit]
August 28, 1867
CaptainWilliam Reynolds of theUSSLackawanna formally took possession of theMidway Atoll for the United States.[7]
August 13, 1898
United States Navy under AdmiralGeorge Dewey,United States Army'sEighth Army Corps under Major GeneralWesley Merritt, and Lieutenant GeneralArthur MacArthur Jr. captured the city ofManila from Spain after Governor-General of the PhilippinesFermin Jáudenes surrendered the city, which then remained Spanish-occupied even after the declaration of Philippine Independence from Spain and the establishment of theFirst Philippine Republic on June 12, 1898.
February 4, 1899
Philippine–American War began between the First Philippine Republic and the newly arrivedUS Military Government.
April 11, 1899
TheTreaty of Paris of 1898 came into effect, transferringGuam, thePhilippines, and Puerto Rico from Spain to the United States, all three becomingunorganized, unincorporated territories. Puerto Rico's official name was changed toPorto Rico, a phonetic reinterpretation of the Spanish name for the territory.
April 12, 1900
TheForaker Act becomes effective, making Puerto Rico an unincorporated and organized territory of the United States.[8]
June 7, 1900
The United States took control of the portion of theSamoan Islands given to it by theTreaty of Berlin of 1899, creating theunorganized, unincorporated territory ofAmerican Samoa.
April 1, 1901
GeneralEmilio Aguinaldo,President of the First Philippine Republic and Filipino leader in thePhilippine–American War, surrendered to the United States, allowing the U.S. to form a civilian government for the Philippines.
August 29, 1916
The Philippine Autonomy Act orJones Law was signed, promising thePhilippines independence.
March 2, 1917
Jones–Shafroth Act reorganized Puerto Rico. This act conferredUnited States citizenship on all citizens of Puerto Rico.
March 31, 1917
The United States purchased theDanish West Indies and renamed it asU.S. Virgin Islands under the terms of a treaty withDenmark.[9]
May 17, 1932
The name of Porto Rico was changed to Puerto Rico.[10]
March 24, 1934
TheTydings–McDuffie Act was signed allowing the creation of theCommonwealth of the Philippines.
November 15, 1935
The Commonwealth of the Philippines officially inauguratedManuel L. Quezon as the President of the Philippine Commonwealth, held at the steps of theOld Legislative Building. The event was attended by 300,000 Filipinos.
December 8, 1941
Commonwealth of the Philippines wasinvaded and occupied by Japan duringWorld War II, initiating "the most destructive event ever to take place on U.S. soil".[11] Over 1,100,000Filipino American civilians died during the war.[11]
February 3 - March 3, 1945
The month longLiberation of Manila led by GeneralDouglas MacArthur took place, and consequently resulted inManila Massacre committed by the Japanese forces throughout the Battle of Manila. An estimated 100,000 Manila civilians were killed during the massacre.
August 1945
The United States regains full control of its colony of the Philippines following thePhilippines campaign.[11]
July 4, 1946
The United States formally recognized thePhilippine independence, establishing theThird Philippine Republic, which inauguratedManuel Roxas as the President of the independent Philippines. The independence ceremonies and inauguration rites were held at theQuirino Grandstand.
July 14, 1947
TheUnited Nations granted theTrust Territory of the Pacific Islands to the United States, consisting primarily of many islands fought over during World War II, and including what is now theMarshall Islands, theCarolina Islands,Federated States of Micronesia,Northern Mariana Islands, and Palau. It was atrusteeship, and not a territory of the United States.
August 5, 1947
ThePrivileges and Immunities Clause regarding the rights, privileges, and immunities of citizens of the United States was expressly extended to Puerto Rico by theU.S. Congress through federal law codified in Title 48 the United States Code as48 U.S.C. § 737 and signed by PresidentHarry S. Truman. This law indicates that the rights, privileges, and immunities of citizens of the United States shall be respected in Puerto Rico to the same extent as though Puerto Rico were a State of the Union and subject to the provisions of paragraph 1 of section 2 of article IV of the Constitution of the United States.
July 1, 1950
TheGuam Organic Act came into effect,organizingGuam as an unincorporated territory.[12]
July 25, 1952
Puerto Rico becomes aCommonwealth of the United States with the ratification of its constitution.[10]
July 22, 1954
The organic act for theUnited States Virgin Islands went into effect, making them anunincorporated, organized territory.[12]
July 1, 1967
American Samoa's constitution became effective. Even though no organic act was passed, this move to self-government made American Samoa similar to an organized territory.[12]
September 12, 1967
Article Three of the United States Constitution, was expressly extended to theUnited States District Court forthe District of Puerto Rico by theU.S. Congress through the federal law 89-571, 80 Stat. 764, this law was signed by PresidentLyndon B. Johnson.
January 1, 1978
TheNorthern Mariana Islands left the Trust Territory of the Pacific Islands to become a commonwealth of the United States, making them an unincorporated and organized territory.[12][13]
January 9, 1978
TheNorthern Mariana Islands Commonwealth Constitution, which had been ratified by voters on March 6, 1977, goes into effect.[14]
October 21, 1986
TheMarshall Islands attained independence from theTrust Territory of the Pacific Islands, though the trusteeship granted by theUnited Nations technically did not end until December 22, 1990. The Marshall Islands remained infree association with the United States.
November 3, 1986
TheFederated States of Micronesia attained independence from the Trust Territory of the Pacific Islands, and remained in free association with the United States.
December 22, 1990
TheUnited Nations terminated the Trust Territory of the Pacific Islands for all but the Palau district.
May 25, 1994
The United Nations terminated the Trust Territory of the Pacific Islands for the Palau district, ending the territory and making Palaude facto independent, as it was not a territory of the United States.
October 1, 1994
Palau attainedde jure independence, but it remained in free association with the United States.[15]
December 11, 2012
TheLegislative Assembly of Puerto Rico enacted aconcurrent resolution to request thepresident and theCongress of the United States to respond diligently and effectively, and to act on the demand of the people of Puerto Rico, as freely and democratically expressed in theplebiscite held on November 6, 2012, to end, once and for all, its current form of territorial status and to begin the process to admit Puerto Rico to the union as a state.[16]
December 22, 2022
The U.S. House of Representatives voted in favor of thePuerto Rico Status Act. The act sought to resolve Puerto Rico's status and its relationship to the United States through a binding plebiscite to be held in November 2023;[17] however, the Senate never acted on the bill.[18]
April 20, 2023
Puerto Rico Status Act re-introduced in U.S. House with the plebiscite to be held in November 2025.[18]

Citizenship

[edit]

Congress has extended citizenship rights by birth to all inhabited territories except American Samoa, and these citizens may vote and run for office in any U.S. jurisdiction in which they are residents. The people of American Samoa areU.S. nationals by place of birth, or they are U.S. citizens by parentage, or naturalization after residing in a State for three months.[19] Nationals are free to move around and seek employment within the United States without immigration restrictions, but cannot vote or hold office outside American Samoa.[20]

Political representation

[edit]

Each of the five inhabited areas: Puerto Rico, American Samoa, Guam, the Northern Mariana Islands and theUnited States Virgin Islands, has anon-voting member in theUnited States House of Representatives.

Taxation

[edit]

Residents of the five major populated insular areas do not pay U.S. federalincome taxes but are required to pay other U.S. federal taxes such asimport andexport taxes,[21][22] federalcommodity taxes,[23]Social Security taxes, etc. Individuals working for the federal government payfederal income taxes while all residents are required to pay federalpayroll taxes (Social Security[24] andMedicare). According toIRS Publication 570, income from other U.S.Pacific Ocean insular areas (Howland, Baker, Jarvis,Johnston,Midway, Palmyra, andWake Islands, andKingman Reef) is fully taxable as income of United States residents.[25]

Puerto Rico is inside the main domesticcustoms territory of the United States, but the other insular areas are outside it; tariff treatment varies (seeForeign trade of the United States § Customs territory).

Associated states

[edit]

TheU.S. State Department and the U.S. Code also use the term "insular area" to refer not only to territories under thesovereignty of the United States, but also those independent nations that have signed aCompact of Free Association with the United States. While these nations participate in many otherwise domestic programs, and full responsibility for their military defense rests with the United States, they are legally distinct from the United States and their inhabitants are neither U.S. citizens nor nationals.[1]

Current insular areas by status

[edit]

The following islands, or island groups, are considered insular areas:

Incorporated organized territories

[edit]

None

Incorporated unorganized territory

[edit]

One (uninhabited)

Unincorporated organized territories

[edit]
Capitol of Puerto Rico, the largest insular area

Four (inhabited)

Unincorporated unorganized territories

[edit]
Wake Island lagoon

One (inhabited)

Six (uninhabited)

Two (uninhabited, disputed)

Claimed territories

[edit]

Two (uninhabited, claimed)[26]

Freely associated states

[edit]
Main article:Compact of Free Association

Three sovereign UN member states which were all formerly in the U.S. administeredUnited Nations Trust Territory and are currently infree association with the United States. The U.S. provides national defense, funding, and access to social services.

After achieving independence from theTrust Territory of the Pacific Islands, these states are no longer under U.S. sovereignty and thus not considered part of the United States.[27] Some programs in these states are administered by the U.S.Office of Insular Affairs, along with other federal entities such as theDepartment of Defense.

Former insular areas

[edit]

See also

[edit]

Notes

[edit]
  1. ^Although anarchaism, some older federal statutes and regulations still in force refer to insular areas asinsular possessions.

References

[edit]
  1. ^abc"Definitions of Insular Area Political Organizations". Washington, D.C.: U.S. Department of the Interior. 12 June 2015.Archived from the original on 13 July 2018. RetrievedMarch 3, 2018.
  2. ^42 U.S.C. §§ 52041
  3. ^Tagliaferro, Linda (2004-01-01).Puerto Rico in Pictures. Twenty-First Century Books.ISBN 978-0-8225-0936-3.Archived from the original on 2023-06-30. Retrieved2020-10-02 – viaGoogle Books.
  4. ^Statistical Abstract of the United States 2001: The National Data Book. U.S. Department of Commerce, Economics and Statistical Administration, Bureau of the Census. 2001.ISBN 978-0-934213-84-4.Archived from the original on 2023-06-30. Retrieved2020-10-02 – viaGoogle Books.
  5. ^Goldberg, Walter M. (2017-12-08).The Geography, Nature and History of the Tropical Pacific and its Islands. Springer.ISBN 978-3-319-69532-7.Archived from the original on 2023-06-30. Retrieved2020-10-02 – viaGoogle Books.
  6. ^Clinton, William J (1994-01-01).Public Papers of the Presidents of the United States: William J. Clinton, 1994. Best Books on.ISBN 978-1-62376-794-5.Archived from the original on 2023-06-30. Retrieved2020-10-02 – viaGoogle Books.
  7. ^Midway Islands History. Janeresture.com. (archived fromthe original on January 1, 2006)
  8. ^The World Almanac & Book of Facts 1901, p93
  9. ^"Transfer Day". Archived fromthe original on June 28, 2007. RetrievedAugust 10, 2006.
  10. ^ab"Municipalities of Puerto Rico". Statoids.Archived from the original on May 26, 2006. RetrievedAugust 10, 2006.
  11. ^abcImmerwahr, Daniel (2019).How to Hide an Empire: A History of the Greater United States (First ed.). New York: Farrar, Straus and Giroux.ISBN 978-0-3741-7214-5.
  12. ^abcd"Relationship with the Insular Areas". U.S. Department of the Interior. Archived fromthe original on May 26, 2006. RetrievedAugust 10, 2006.
  13. ^"Municipalities of Northern Mariana Islands". Statoids.Archived from the original on August 21, 2006. RetrievedAugust 10, 2006.
  14. ^"CNMI Constitution".cnmilaw.org.Archived from the original on 2023-06-01. Retrieved2023-05-24.
  15. ^"Background Note: Palau". Bureau of East Asian and Pacific Affairs.Archived from the original on January 21, 2017. RetrievedAugust 10, 2006.
  16. ^"The Senate and the House of Representative of Puerto Rico Concurrent Resolution"(PDF). Archived from the original on 2013-03-20. Retrieved2021-09-01.
  17. ^Acevedo, Nicole (December 15, 2022)."House votes in favor of resolving Puerto Rico's territorial status".NBC News.Archived from the original on February 16, 2023. RetrievedFebruary 15, 2023.
  18. ^abAcevedo, Nicole (April 20, 2023)."Bill to resolve Puerto Rico's territorial status reintroduced in the House". NBC News.Archived from the original on 8 June 2023. Retrieved9 June 2023.
  19. ^PBS Newshour,"American Samoans don't have right to U.S. citizenship", Associated Press, June 5, 2015, viewed August 13, 2015.
  20. ^US Department of Interior."Insular Area Summary for American Samoa"Archived 2015-08-20 at theWayback Machine. viewed August 13, 2015.
  21. ^"Puerto Ricans pay import/export taxes". Stanford.wellsphere.com. Archived fromthe original on April 1, 2010. RetrievedAugust 14, 2010.
  22. ^U.S. State Dept."Foreign Relations of the United States".Archived from the original on June 17, 2016. RetrievedMay 18, 2016.The people of Puerto Rico will continue to be exempt from Federal income taxes on the income they derive from sources within Puerto Rico, and into their treasury, for appropriation and expenditure as their legislature may decide, will be deposited the proceeds of United States internal revenue taxes collected on articles produced in Puerto Rico and the proceeds of United States tariffs and customs collected on foreign merchandise entering Puerto Rico.
  23. ^"Puerto Ricans pay federal commodity taxes". Stanford.wellsphere.com. Archived fromthe original on 2010-04-01. Retrieved2011-10-30.
  24. ^"Topic Number 903 - U.S. Employment Tax in Puerto Rico". Internal Revenue Service. December 18, 2009.Archived from the original on July 3, 2017. RetrievedJanuary 11, 2019.
  25. ^Publication 570(PDF). Washington, D.C.: U.S. Internal Revenue Service. 2017.Archived(PDF) from the original on April 7, 2018. RetrievedApril 12, 2018.
  26. ^Bajo Nuevo: What you should know about the disputed island Jamaica ‘gave up’
  27. ^""Foreign in a Domestic Sense": U.S. Territories and "Insular Areas"". 12 April 2021.Archived from the original on 2021-08-19. Retrieved2021-08-30.
  28. ^United States Department of Interior (11 June 2015)."Palmyra Atoll". RetrievedDecember 30, 2023.
  29. ^United States Department of Interior (12 June 2015)."Acquisition Process of Insular Areas". RetrievedDecember 30, 2023.
  30. ^United States Department of the Interior (12 June 2015)."Formerly Disputed Islands". RetrievedDecember 30, 2023.
  31. ^"The Vásquez-Saccio Treaty of 1972"(PDF).

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