U.S. Territories and Outlying Areas

Introduction

Many Americans do not realize that the territory of the country expands beyond the continental U.S., Alaska, and Hawaii. The territories and outlying areas are as much a part of the nation is any state, and more so than the District of Columbia (the capital Washington D.C.) which is a city governed by Congress and is not a part of any U.S. state. These territories are left over remnants of the colonial era, and are mostly small islands around the world which have been retained to host strategic military bases in defense of the U.S. Two recent Supreme Court decisions have reasserted that the U.S. does not desire to grant independence or meaningful autonomy to these territories, much to the surprise of the locals.

The Full Picture

The United States territories and outlying areas are scattered all over the world, and are largely ignored by the American public. A list of these territories is as follows;

(List redacted for preview. Available via download).

These territories remain virtual colonies, as recent Supreme Court decisions make clear. During the age of colonization, the U.S. was a latecomer to the catch all of the least powerful and industrialized parts of the world. Most of the colony options had already been seized by Britain, but “With a strong desire to prove itself as the equal to Britain and France, the US closed out the 19th Century by engaging in a war with Spain that took from her the last of her colonies” (Everything Everywhere). Having come so recently out of colonialization herself, the U.S. was not a successful overlord at the time. However, the nation still retains many colonial territories left over from the early formation of the country.

Thus, the process of collecting territories and managing the outlying areas is part and parcel of the process of America’s formation. As such, “Ever since independence the United States has had areas which were not states but were fully part of the country. Most states, outside of the original 13, were territories before they became states” (Everything Everywhere). Making the jump from territory to state usually had to do with location, and “Wisconsin, Minnesota and Illinois were created from Northwestern Territory. North and South Dakota used to form the Dakota Territory. In the 20th Century Oklahoma, New Mexico, Arizona, Hawaii and Alaska all made the jump from territory to state” (Everything Everywhere). The likeliest reason that the current territories and outliers did not make the jump is simply because they are too far away from the mainland for that to make logical sense.

There are two main attributes which categorize territories in the American legal system:

(List redacted for preview. Available via download).

Those territories which are incorporated are thought of as integral parts of the nation, and it is the first step to statehood. For example, “Prior to statehood, both Alaska and Hawaii were incorporated territories. In incorporated territories the constitution is in full effect. Incorporated territories would be similar to territories found in Canada” (Everything Everywhere). However, today the only incorporated U.S. territory is Palmyra Atoll. This territory consists of Its 12-square-kilometre (4.6 sq mi) landmass hosts a variable temporary population of 4–25 ‘non-occupants’, namely staff and scientists employed by various departments of the US government and The Nature Conservancy, as well as a rotating mix of Palmyra Atoll Research Consortium scholars pursuing research. (Wikipedia)

Palmyra Atoll has a unique history because during the Hawaiian statehood era of the late 50s, this territory was included prior to statehood. Interestingly, “The act of statehood, which admitted Hawaii to the union, explicitly excluded Palmyra from joining the rest of the Hawaiian Islands from becoming a state” (Everything Everywhere). The reason for this exclusion is not known, but since today the area is a secure research facility is may because experiments are being done on the island that would not be legal if it were a regular state.

It is most likely highly confusing for the people who live in U.S. territories and outlying areas that they are not free to govern themselves, especially since America professes such freedoms. All organized territories are subject to the Organic Act, which enables Congress to manage these lands. The four organized territories subject to this are:

(List redacted for preview. Available via download).

However, while people who live in these territories are considered U.S. citizens, they cannot vote in federal elections. As a result, they each have a representative in , which cannot vote on the floor but may vote in committee. The remaining US territories are all unorganized. All of the unorganized territories except for American Samoa are uninhabited and have never had any permanent human population. (Everything Everywhere).

This presents the difficulty of such territories having their resources exploited without recourse for adequate recompense, or even a voice to raise in objection. This is always a dangerous situation, but in the contemporary climate of challenge, many of these island territories are facing threats of ocean level raise which is heightening their collective feelings of insecurity (FDA). The American mainland is far-removed from these challenges, and at times even deny the existence of such threats.

Recent Supreme Court Enforcement

Recently, issues surrounding sovereignty and self-determination have been forcibly resolved by Supreme Court decisions. These decisions have enforced that the territories, “will remain congressional dependencies with little to no self-determination—colonies, in effect—until Congress says otherwise, allowing them to become states or become independent” (Newkirk). This determination occurred when the Supreme Court ruled on a case concerning Puerto Rico’s debt structure, and a case concerning birthright citizenship in American Samoa; “Puerto Rico v. Franklin California Tax-Free Trust and a denial of review for Tuaua v. United States” (Newkirk). Legal precedent created recently does not bode well for future claims of territorial independence, as; Puerto Rico v. Sanchez Valle, which was about double-jeopardy protections for Puerto Ricans, established that Puerto Rico has no real authority it does not derive from Congress. The U.S. House’s easy passage of the debt-relief bill PROMESA stripped away even more of Puerto Rico’s functional self-governing authority, establishing an independent board with no Puerto Rican oversight that can restructure Puerto Rico’s debts and set financial priorities. (Newkirk)

This has come as a shock to the people of Puerto Rico. Territorial law scholar Carlos Ivan Gorrin Peralta realizes, “that with this recent slate of court cases and legislation, the “ambiguity of 60 years is disappearing.” He was referring to the decades since Puerto Rico was declared self-governing and granted the ability to organize a constitution and government” (Newkirk). This may be a dwindling trend in the 21st century, as international pressures towards autonomy are becoming more actualized.

For instance, in a major turn of the tide, the Australian government has recently given back 55,000 hectares of land back to the indigenous peoples of the region. This victory occurred after 37 years of activism on the effort. Hopefully setting new precedent for other indigenous displaced peoples around the world, the Kenbi claim was one of the longest running in Australian land rights history. It has been particularly fraught, with three challenges in the federal court and two in the high court. It was awarded to just six individuals, known as the Tommy Lyons group, and a separate group of Larrakia people maintained their claims of ownership and unhappiness at the decision. (Davidson). There are many areas around the world which would benefit from re-empowering the indigenous peoples.

Travel Options

One benefit of the many U.S. territories and outlying areas beyond military strategy is that most are beautiful islands, largely uninhabited, and all American citizens are free to travel to them. One such getaway are the “Northern Mariana Islands, known for their clear waters and impressive diversity of sea life. Be sure not to miss The Grotto, a collapsed underwater cave where divers can sometimes see clown triggerfish or white tip sharks as they explore” (Scully). The beauty of land unsullied by civilization is still available, and one hopes it is not for a limited time.

Conclusion

It would behoove all Americans to become just a bit more acquainted with the varied world outside of their city, and the wide world. This can be done through study, or the adventure of travel. Such awareness cannot help but aid in compassion, which all territories could use more of. The logistics, legalities, and ethics surrounding the U.S. territories, outlying areas, and all lands taken from the indigenous peoples is a key issue surrounding self-determinacy and freedom. What right other parties have to claim governance over another without adequate representation and support is an important question that must be addressed for the health of the future of humanity.

Works Cited

Davidson, Helen. “'At last': Kenbi land returned to Aboriginal owners after 37-year fight.” The Guardian, 21 Jun. 2016. Retrieved from: https://www.theguardian.com/australia-news/2016/jun/21/at-last-kenbi-land-returned-to-aboriginal-owners-after-37-year-fight

Everything Everywhere. “Everything You Need to Know About the Territories of the United States.” Everything-everywhere.com, 27 Jun. 2013. Retrieved from: http://everything-everywhere.com/2013/06/27/everything-you-need-to-know-about-the-territories-of-the-united-states/

FDA. “States and Outlying Areas of the United States.” Fda.gov, 2016. Retrieved from: http://www.fda.gov/Drugs/DevelopmentApprovalProcess/FormsSubmissionRequirements/ ElectronicSubmissions/DataStandardsManualmonographs/ucm072288.htm

Infoplease.com. “U.S. Territories and Outlying Areas.” Infoplease.com, 2016. Retrieved from: http://www.infoplease.com/ipa/A0108295.html

Newkirk, Vann R. “Puerto Rico’s Dream, Denied.” The Atlantic, 14 Jun. 2016. Retrieved from: http://www.theatlantic.com/politics/archive/2016/06/puerto-rico-guam-supreme-court-status/486887/

Scully, Simone M. “No Passport Required: 20 Getaways in the American Territories.” Weather.com, 20 Mar. 2015. Retrieved from: https://weather.com/travel/news/amazing-american-territories

Wikipedia. “Palmyra Atoll.” Wikipedia.org, 2016. Retrieved from: https://en.wikipedia.org/wiki/Palmyra_Atoll