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Downes v. Bidwell
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Downes v. Bidwell : ウィキペディア英語版
Downes v. Bidwell

''Downes v. Bidwell'', , 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".
==Background==
The case specifically concerned a merchant, Samuel Downes, who owned S. B. Downes & Company. His company had imported oranges into the port of New York from the newly acquired territory of Puerto Rico and had been forced to pay import duties on them. He sued George R. Bidwell, United States customs inspector for the port of New York, on the grounds that, as a United States territory, such duties were under the jurisdiction of Article I, Section 8 of the U.S. Constitution, which provides that "all duties, imposts, and excises shall be uniform throughout the United States." Since the duty on oranges did not exist for other parts of the United States, he argued that it should not exist for Puerto Rico.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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