Downes v. Bidwell

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Downes v. Bidwell
by Edward Douglass White
Syllabus
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Downes v. Bidwell, 182 U.S. 244 (1901), was a case in which the United States Supreme Court decided whether United States territories were subject to the provisions and protections of the United States Constitution. This question is sometimes stated as "does the Constitution follow the flag?". The resulting decision narrowly held that the U.S. Constitution did not necessarily apply to territories. Instead, the United States Congress had jurisdiction to create law within territories in certain circumstances, particularly dealing with revenue, that would not be allowed by the U.S. Constitution for proper states within the union. It has become known as one of the "Insular Cases".

831432Downes v. Bidwell — SyllabusEdward Douglass White
Court Documents
Concurring Opinion
Gray
Dissenting Opinion
Fuller

United States Supreme Court

182 U.S. 244

Downes  v.  Bidwell

 Argued: January 8, 9, 10, 11, 1901. --- Decided: May 27, 1901


Notes

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This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

Public domainPublic domainfalsefalse

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