_{© https://www.kmuw.org/past-and-present/2017-10-03/the-insular-cases-past-present}

!Disclaimer: Racial Slur! Skip this page here if you feel uncomfortable.

The judges’ decisions were based on the controversial Insular Cases. These were different racially-charged court decisions from the beginning of the 20th century. These cases examined how constitutional rights apply to the territories, which were acquired by the US in the Spanish-American War.

Today the Insular Cases are seen as controversial and legally inconsistent.

These cases were clearly marked by the ideology of Social Darwinism. They make use of terms like “savages” and “alien races” to distinguish if territories should be “incorporated” or “unincorporated” territories.