Serious questions have recently arisen as to whether all the provisions of the federal constitution are applicable in territory which is under the jurisdiction of the United States but outside the limits of the states. Some provisions of the federal constitution are by their terms applicable only to the states, and it may be assumed that the provisions of the constitution, as a whole, were primarily designed for a federal government exercising its powers with reference to territory and persons included within state limits. On the other hand, it is evident that when the federal constitution was framed and adopted it was contemplated that there should be territory within the jurisdiction of the United States which should temporarily, at least, not be within the limits of any state; and that there should be persons, subjects of the United States, who are not citizens of any states. Prior to the adoption of the federal constitution, the so-called Northwestern Territory had been organized by the Congress existing under the Articles of Confederation, including the territory now embraced in the states of Ohio, Indiana, Illinois, Michigan, and Wisconsin; and this territorial government was recognized as continuing to exist after the adoption of the federal constitution. It is not to be doubted that persons residing within the limits of this territory and subject to the jurisdiction of the United States were considered citizens of the United States.

As a matter of fact, the constitution of the United States has been expressly extended by acts of Congress to all the territory of the United States within the limits of the North American continent, and citizenship has been conferred either by treaties of annexation or by action of Congress upon all persons becoming subject to the United States within those limits; so that there is no question as to the constitution having full force and effect, either by its own operation or by express action of the federal government, within such territory. But express provision has not thus been made for the extension of the constitution over Porto Rico and the Philippine Islands, recently acquired by treaty with Spain; nor has citizenship been expressly conferred upon the inhabitants of such territory, and it is still, perhaps, not fully decided whether the general limitations found in the federal constitution on the powers of the federal government and the rights of citizenship under the federal constitution have been extended to these islands and their inhabitants in consequence of acquisition by the United States. It has, indeed, been settled that the islands are not foreign territory (see Insular Cases), and that the inhabitants, who have become permanently subject to the authority of the United States,are not aliens (Gonzales v. Williams). Something more will be said in the chapter relating to citizenship (below, ch. xxxiv) as to the condition of the inhabitants.

Whatever may be the conclusion as to citizenship in the insular possessions, it is conceded that Congress has the power under the constitution to make such provisions as it sees fit, with reference to the government of the people within such insular possessions and to organize such local governments as it deems expedient; and it may confer upon the inhabitants such political rights as public policy may justify or require. The extent to which the inhabitants of this newly acquired territory shall enjoy the privileges of self-government cannot be determined otherwise than by action of Congress (Dorr v. Untied Slates).