Unincorporated territories of the United States

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". 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 but unincorporated. There are nine uninhabited US possessions; only Palmyra Atoll among them is incorporated. See Territories of the United States and Unorganized territory.

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; 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.