Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-05-28
The Constitution and the Flag.

The Supreme Court has decided that the
Constitution follows the flag. but that GER
tain of it's provisions limiting the national
legislature in dealing with the states are
not intended to apply to Congress in legis-
lating for the territories. This decision.
so puzzling to those who have believed that
the real question at issue was whether the
Constitution followed the flag, confirms The
Stars repeated contention that this meta
phorical expression of the issue was mis-
leading since 1t implied a contention on
one side of the controversy that in certain
places subject to the republics jurisdiction
and under the American flag the Consti-
tuition is a nullity. The Star urged that
there was no necessity for even partial
effacement of the Constitution. whatever
the decision of the Supreme Court might
be, and added:
1.-The real question is not whether any
portion of the republic falls outside OF the
application and jurisdiction of the Constt-
tuition, but how are the words OF the Con-
stitution referring to the territories TO be
rightly construed. and what limitation does
the Constitution impose upon Congress IN
the exercise of it's constitutionally granted
power of regulating the territory belonging
to the United States?
mo one really disputes that the Consti-
tuition extends to the Philippines. to Ha-
wall and to Porto Rico. The Constitution
creates Congress. makes 1t the governing
body of our recently acquired islands and
fixes the status Of the latter as territory
belonging to the United States and among
places subject to their Jurisdiction To
say that certain constitutional limitations
upon the power of Congress which unde-
niably restrict 1t in dealing with the states
are not intended TO apply to 1t In legislat-
ing for the territories Is not to place the
latter outside of the Constitution. This in
strument gives to Congress, as the legsla
flr nf he
make all needful rules and regulations con-
Gel ming them. If no one of the constitu-
tional limitations upon the power of Con-
gresS is held to apply to it In this capacity
it will not then cut loose from the Consti-
tuition. since it will in legislating for the
territories be fulfilling a function intrusted
to it without restriction by the Constitu-
ton itself.
The real question to be answered by the
! Supreme Court is: Must territory belong
| ing to the United States be construed SO
| included within the words United States
as they appear in the uniformity of duties
clause of the Constitution? When the Con-
stitution says that the day for choosing
presidential electors shall be the same
| Throughout the United States it refers
clearly to the states, and evidently does not
! include non-yoting territory like our new
possessions within the meaning of United
| States Are they included within the SINH
| lar words Throughout the United States
In the provision concerning uniformity Of
| duties?
"A negative answer to this question
would mean that territory belonging to the
| United States is not always to be treat ed
| as an integral part of the United States
/ The Constitution would suffer no oblit era
| ton either partial or complete. Indeed
there would not even be hint Of disre-
| spect for the Constitution; rather the fiat
| terry of imitation. For the Constitution
| itself in the thirteenth amendment clearly
| distinguishes between the United States
| and places subject to their jurisdction
| said places being Enthusiastically the terri
tory belonging to the United States When
the Constitution says that slavery shall not
! exist within the United States or any places
| subject to their Jurisdiction it asserts by
implication that there are places subject to
/ the jurisdiction of the United States which
| are not within the United States"
The Supreme Court has decided that the
| ceded Islands, since the treaty of Paris
| are not foreign countries, not colonies but
unorganized territory of the United States:
that the Constitution is not effaced wholly
or in part through their accession; but that
such territory is not intended by the Com
! stitution itself to be treated on the same
footing with the states of the Union In
| the matter of uniformity of tariff duties
any more than in the matter Of repre-
| sentation in Congress and the electoral
| college The words Throughout the United
States in the uniformity clause of the
| Constitution do not include the territories
! Congress may legisate discriminatory In
| favor of the latter. The republic has all
| the attributes of other sovereign powers
| The nation may expand commercially and
| territorially on the other side of the globe
| and the Constitution still lives.
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