May 15, 2021

The St. John Source in the U.S. Virgin Islands has this article on the constitutional status of U.S. territories: Racist Supreme Court Rulings on U.S. Territories Receive Congressional Hearing.  It quotes me, from an Originalism Blog post from last year (unfortunately without crediting the blog): 

Michael Ramsey, a conservative constitutional scholar, agreed. “The Insular Cases are an abomination,” he wrote in 2020. “… The distinction between ‘incorporated’ and ‘unincorporated’ territories has no basis in the Constitution’s text or founding-era commentary.”

Agreed!  (Though I'd rather be an "originalist constitutional scholar" than a "conservative constitutional scholar").

For my more academic take on the Insular Cases (but with the same basic conclusion), see the first part of Originalism and Birthright Citizenship.

Posted at 6:09 AM