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An unincorporated territory in American law is an area controlled by the United States government "where fundamental rights apply as a matter of law, but other constitutional rights are not available".〔U.S. Insular Areas (Application of the U.S. Constitution ), GAO Nov 1997 Report, p. 24. Viewed June 14, 2013.〕 Selected constitutional provisions variously apply depending on Congressional Organic Acts and judicial rulings according to U.S. constitutional practice, local tradition and law. All five modern inhabited territories are organized〔American Samoa remains technically unorganized since the U.S. Congress has not passed an Organic Act for the territory, but American Samoa is self-governing under a constitution that became effective on July 1, 1967.〕 but unincorporated. There are nine uninhabited US possessions; only Palmyra Atoll among them is incorporated. See Territories of the United States and Unorganized territory.〔(Definitions of insular area political organizations ), "Unincorporated territory". Viewed June 14, 2013, and Government Accountability Office (GAO) Nov 1997 Report, U.S. Insular Areas (Application of the U.S. Constitution ), p. 35. Viewed June 14, 2013.〕 ==Overview== All modern inhabited territories under the control of the federal government can be considered as part of the "United States" for purposes of law as defined in specific legislation;〔See 8 U.S.C. § 1101(a)(36) and 8 U.S.C. § 1101(a)(38) Providing the term "State" and "United States" definitions on the U.S. Federal Code, Immigration and Nationality Act. 〕 but, the judicial term "unincorporated" was coined to legitimize the U.S. late 19th-century territorial acquisition without citizenship and their administration without constitutional protections temporarily until Congress made other provisions. The case law allowed Congress to impose discriminatory tax regimes with the effect of a protective tariff upon territorial regions which were not domestic states.〔Vignarajah, Krishanti. (Political roots of judicial legitimacy: explaining the enduring validity of the ‘Insular Cases’. ), University of Chicago Law Review, 2010, p. 790. Viewed June 13, 2013.〕 From 1901 to 1905, the U.S. Supreme Court, in a series of opinions known as the Insular Cases, held that the Constitution extended ''ex proprio vigore'' (i.e., of its own force) to the continental territories. However, the Court in these cases also established the doctrine of territorial incorporation, under which the Constitution applies fully only in incorporated territories such as Alaska and Hawaii, and applies only partially in the new unincorporated territories of Puerto Rico, Guam and the Philippines.〔(Consejo de Salud Playa de Ponce v. Johnny Rullan, Secretary of Health of the Commonwealth of Puerto Rico ) pp. 6–7. Viewed June 19, 2013.〕 To define what is an unincorporated territory, in ''Balzac v. People of Porto Rico'', , the Court used the following statements regarding the court in Puerto Rico: In ''Glidden Co. v. Zdanok'', the court cited ''Balzac'' and made the following statement regarding courts in unincorporated territories: "The inhabitants of the ceded territory ... shall be admitted to the enjoyment of all the rights, advantages, and immunities of citizens of the United States;"〔(Rassmussen v. U S, 197 U.S. 516 (1905) )〕 "This declaration, although somewhat changed in phraseology, is the equivalent, as pointed out in Downes v. Bidwell, of the formula, employed from the beginning to express the purpose to incorporate acquired territory into the United States, especially in the absence of other provisions showing an intention to the contrary."〔 Here we see that the act of incorporation is on the people of the territory, not on the territory per se, by extending the privileges and immunities clause of the Constitution to them. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Unincorporated territories of the United States」の詳細全文を読む スポンサード リンク
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