1 00:00:02,440 --> 00:00:05,280 Speaker 1: Happy Saturday. Coming up on the show, we have an 2 00:00:05,280 --> 00:00:08,760 Speaker 1: episode about citizenship in the US and who is allowed 3 00:00:08,800 --> 00:00:12,239 Speaker 1: to become a citizen that has some connections to our 4 00:00:12,280 --> 00:00:16,120 Speaker 1: August fourteenth, twenty twenty three episode on the Insular Cases, 5 00:00:16,400 --> 00:00:18,840 Speaker 1: which was a set of Supreme Court cases related to 6 00:00:18,960 --> 00:00:22,720 Speaker 1: island territories claimed by the US, and that is today's 7 00:00:22,720 --> 00:00:26,560 Speaker 1: Saturday classic. In this episode, we mentioned the case of 8 00:00:26,680 --> 00:00:30,639 Speaker 1: Isabelle Gonzalez, and I mentioned wishing I had focused the 9 00:00:30,640 --> 00:00:34,080 Speaker 1: whole episode on her case before the Supreme Court. We 10 00:00:34,120 --> 00:00:36,400 Speaker 1: did do that episode not long after this when it 11 00:00:36,440 --> 00:00:39,400 Speaker 1: came out on September twentieth, twenty twenty three. And this 12 00:00:39,520 --> 00:00:43,680 Speaker 1: episode also briefly mentions the Philippines becoming independent from the 13 00:00:43,800 --> 00:00:46,040 Speaker 1: US after World War Two, and we talked about that 14 00:00:46,120 --> 00:00:48,760 Speaker 1: more in our episode on Marie Arosa on May eighth, 15 00:00:48,840 --> 00:00:54,640 Speaker 1: twenty twenty four. But enjoy Welcome to Stuff You Missed 16 00:00:54,640 --> 00:01:05,080 Speaker 1: in History Class, a production of iHeartRadio. Hello, and welcome 17 00:01:05,120 --> 00:01:08,520 Speaker 1: to the podcast. I'm Tracy V. Wilson and I'm Holly Frying. 18 00:01:08,920 --> 00:01:12,440 Speaker 1: Today we're going to talk about some US Supreme Court cases, 19 00:01:12,480 --> 00:01:17,240 Speaker 1: although not comical ones like Nicks versus Headen, which we 20 00:01:17,400 --> 00:01:21,080 Speaker 1: covered recently and was about tomatoes. We are going to 21 00:01:21,120 --> 00:01:25,120 Speaker 1: be talking more about tariffs, though this time. It's a 22 00:01:25,160 --> 00:01:29,920 Speaker 1: collection of cases that followed the Spanish American War, and 23 00:01:30,000 --> 00:01:33,039 Speaker 1: these cases together limited the rights of people living in 24 00:01:33,080 --> 00:01:37,559 Speaker 1: certain US territories. These cases still stand today. They still 25 00:01:37,640 --> 00:01:40,399 Speaker 1: affect the lives and civil rights of people in places 26 00:01:40,440 --> 00:01:45,280 Speaker 1: like American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, 27 00:01:45,440 --> 00:01:48,760 Speaker 1: and the US Virgin Islands. So people who were born 28 00:01:48,920 --> 00:01:52,360 Speaker 1: in all of these territories, with the exception of American Samoa, 29 00:01:53,000 --> 00:01:57,720 Speaker 1: are considered US citizens by birth, but while living on 30 00:01:57,760 --> 00:02:01,400 Speaker 1: any of these Annamese island ritories, they don't have the 31 00:02:01,440 --> 00:02:05,200 Speaker 1: same constitutional rights or representation in Congress as citizens who 32 00:02:05,240 --> 00:02:08,040 Speaker 1: live in one of the fifty States. Some of those 33 00:02:08,200 --> 00:02:11,880 Speaker 1: court cases involved the Philippines also, that was a US 34 00:02:12,080 --> 00:02:15,600 Speaker 1: territory at the time but has since become independent. So 35 00:02:15,760 --> 00:02:18,960 Speaker 1: together these cases are known as the Insular cases with 36 00:02:19,160 --> 00:02:22,560 Speaker 1: insular meaning related to islands, and they were in the 37 00:02:22,560 --> 00:02:26,280 Speaker 1: news last year because the US Supreme Court declined to 38 00:02:26,400 --> 00:02:31,200 Speaker 1: her case that was challenging them. Before we start with this, 39 00:02:31,800 --> 00:02:34,399 Speaker 1: I want to note there's a whole range of opinion 40 00:02:34,720 --> 00:02:38,520 Speaker 1: in all of these places about their relationships to the 41 00:02:38,639 --> 00:02:43,079 Speaker 1: United States, Like, for example, there are American Samoans who 42 00:02:43,120 --> 00:02:46,360 Speaker 1: think that they should be considered US citizens from birth, 43 00:02:46,440 --> 00:02:49,480 Speaker 1: but then others who think that would erase their existing 44 00:02:49,520 --> 00:02:53,360 Speaker 1: culture and traditions. Or as another example, there is a 45 00:02:53,400 --> 00:02:57,840 Speaker 1: movement for Puerto Rican statehood that's been going on for decades, 46 00:02:58,040 --> 00:03:00,480 Speaker 1: but there are also people who opposed that move met, 47 00:03:00,480 --> 00:03:04,079 Speaker 1: with some of the opponents advocating instead for an independent 48 00:03:04,160 --> 00:03:09,040 Speaker 1: Puerto Rico. So this episode is really focused on the 49 00:03:09,120 --> 00:03:11,880 Speaker 1: court cases and the context around them. It is not 50 00:03:12,080 --> 00:03:16,079 Speaker 1: about the lived experiences and opinions of the people living 51 00:03:16,120 --> 00:03:18,280 Speaker 1: in all of these territories. I don't think the two 52 00:03:18,320 --> 00:03:20,040 Speaker 1: of us are the best people to try to like 53 00:03:20,120 --> 00:03:23,280 Speaker 1: embody that no, and even if we were, I feel 54 00:03:23,280 --> 00:03:26,880 Speaker 1: like that is a podcast of its own and not 55 00:03:27,000 --> 00:03:29,799 Speaker 1: an episode of art, not an episode of ours. For sure, 56 00:03:30,400 --> 00:03:32,679 Speaker 1: Before we talk about these cases, we need to set 57 00:03:32,720 --> 00:03:35,520 Speaker 1: the stage on how the US had approached its territories 58 00:03:35,920 --> 00:03:39,600 Speaker 1: before the Spanish American War. The original borders of the 59 00:03:39,720 --> 00:03:42,840 Speaker 1: United States were set under the seventeen eighty three Treaty 60 00:03:42,880 --> 00:03:46,840 Speaker 1: of Paris, which formally ended the Revolutionary War between Britain 61 00:03:46,920 --> 00:03:51,240 Speaker 1: and its North American colonies. This treaty did not acknowledge 62 00:03:51,240 --> 00:03:54,160 Speaker 1: the indigenous nations and peoples who had been in North 63 00:03:54,160 --> 00:03:58,320 Speaker 1: America for thousands of years prior to europeans arrival, or 64 00:03:58,440 --> 00:04:02,240 Speaker 1: contain any reference to born of their own lands and territory. 65 00:04:03,280 --> 00:04:07,000 Speaker 1: For a time, the Articles of Confederation formed the basis 66 00:04:07,040 --> 00:04:10,400 Speaker 1: for the US government. These were ultimately replaced by the 67 00:04:10,520 --> 00:04:14,400 Speaker 1: US Constitution, which went into effect on March fourth, seventeen 68 00:04:14,440 --> 00:04:20,400 Speaker 1: eighty nine. The Constitution didn't include anything specifically about adding 69 00:04:20,520 --> 00:04:23,719 Speaker 1: new territory to the United States, but it did include 70 00:04:23,839 --> 00:04:28,880 Speaker 1: language about adding states an Article four, Section three quote, 71 00:04:28,960 --> 00:04:32,520 Speaker 1: New states may be admitted by the Congress into this Union. 72 00:04:32,960 --> 00:04:36,120 Speaker 1: But no new state shall be formed or erected within 73 00:04:36,200 --> 00:04:39,599 Speaker 1: the jurisdiction of any other state, nor any state be 74 00:04:39,680 --> 00:04:42,480 Speaker 1: formed by the junction of two or more states or 75 00:04:42,520 --> 00:04:46,480 Speaker 1: parts of states, without the consent of the legislatures of 76 00:04:46,520 --> 00:04:51,000 Speaker 1: the states concerned, as well as of the Congress. Section 77 00:04:51,080 --> 00:04:55,080 Speaker 1: three also included language about territory that was not considered 78 00:04:55,080 --> 00:04:58,159 Speaker 1: part of a state. Quote, the Congress shall have power 79 00:04:58,240 --> 00:05:01,000 Speaker 1: to dispose of and make all needs needful rules and 80 00:05:01,040 --> 00:05:05,440 Speaker 1: regulations respecting the territory or other property belonging to the 81 00:05:05,560 --> 00:05:09,080 Speaker 1: United States, and nothing in this Constitution shall be so 82 00:05:09,200 --> 00:05:12,960 Speaker 1: construed as to prejudice any claims of the United States 83 00:05:13,160 --> 00:05:18,000 Speaker 1: or any particular state. Soon, new states were being added 84 00:05:18,040 --> 00:05:20,919 Speaker 1: to the Union. The first state that wasn't one of 85 00:05:20,920 --> 00:05:24,920 Speaker 1: the thirteen original colonies was Vermont in seventeen ninety one. 86 00:05:25,680 --> 00:05:29,120 Speaker 1: Kentucky became a state in seventeen ninety two from land 87 00:05:29,200 --> 00:05:33,719 Speaker 1: that had previously been considered part of Virginia. Tennessee became 88 00:05:33,760 --> 00:05:37,240 Speaker 1: a state four years later, formed from the Southwest Territory 89 00:05:37,440 --> 00:05:40,039 Speaker 1: that was land that North Carolina had ceded to the 90 00:05:40,040 --> 00:05:44,480 Speaker 1: federal government. Ohio joined the Union in eighteen oh three 91 00:05:44,640 --> 00:05:48,320 Speaker 1: and was formed from part of the Northwest Territory. With 92 00:05:48,480 --> 00:05:52,040 Speaker 1: the exception of Vermont, which had considered itself an independent 93 00:05:52,120 --> 00:05:56,560 Speaker 1: republic before becoming a state, these newly added states had 94 00:05:56,560 --> 00:06:00,200 Speaker 1: all been formed from organized incorporated territory that it was 95 00:06:00,240 --> 00:06:03,279 Speaker 1: already considered to be within the US borders under the 96 00:06:03,320 --> 00:06:07,320 Speaker 1: Treaty of Paris. So incorporated in this case means that 97 00:06:07,360 --> 00:06:10,520 Speaker 1: the territory is considered to be fully part of the 98 00:06:10,640 --> 00:06:13,680 Speaker 1: US under the Constitution, and the only parts of the 99 00:06:13,720 --> 00:06:18,200 Speaker 1: Constitution that don't apply to incorporated territory are articles that 100 00:06:18,279 --> 00:06:23,400 Speaker 1: specifically apply to the states. Organized means that Congress had 101 00:06:23,440 --> 00:06:27,320 Speaker 1: passed an organic act or a body of laws establishing 102 00:06:27,320 --> 00:06:30,760 Speaker 1: a government, and usually a bill of rights for the territory. So, 103 00:06:30,960 --> 00:06:35,640 Speaker 1: for example, the Northwest Territory was unorganized before Congress passed 104 00:06:35,680 --> 00:06:39,919 Speaker 1: the Northwest Ordinances. The Northwest Ordinances of seventeen eighty seven 105 00:06:40,400 --> 00:06:43,400 Speaker 1: also outlined a process for the territory to be admitted 106 00:06:43,440 --> 00:06:46,800 Speaker 1: into the Union as no less than three and no 107 00:06:46,920 --> 00:06:51,280 Speaker 1: more than five states. When the United States started acquiring 108 00:06:51,440 --> 00:06:56,799 Speaker 1: new territory, that new territory was also incorporated. The first 109 00:06:56,839 --> 00:06:59,480 Speaker 1: big addition of land to the United States was the 110 00:06:59,600 --> 00:07:03,520 Speaker 1: Louisiana Purchase in eighteen oh three. The Treaty of Session 111 00:07:03,560 --> 00:07:06,680 Speaker 1: that was part of the Louisiana Purchase agreement said, quote, 112 00:07:06,760 --> 00:07:11,080 Speaker 1: the inhabitants of the sated Territory shall be incorporated in 113 00:07:11,200 --> 00:07:14,440 Speaker 1: the Union of the United States, and admitted as soon 114 00:07:14,480 --> 00:07:17,760 Speaker 1: as possible according to the principles of the Federal Constitution, 115 00:07:17,920 --> 00:07:21,560 Speaker 1: to the enjoyment of all these rights, advantages, and immunities 116 00:07:21,600 --> 00:07:26,400 Speaker 1: of citizens of the United States. Florida was also incorporated 117 00:07:26,400 --> 00:07:28,720 Speaker 1: when it became part of the United States under the 118 00:07:28,800 --> 00:07:31,840 Speaker 1: Adam Zonice Treaty, which took effect in eighteen twenty one. 119 00:07:32,720 --> 00:07:36,120 Speaker 1: States formed from these territories were added to the Union, 120 00:07:36,240 --> 00:07:39,600 Speaker 1: following the same basic template that had been outlined in 121 00:07:39,680 --> 00:07:43,720 Speaker 1: the Northwest Ordinance of seventeen eighty seven. As the nineteenth 122 00:07:43,760 --> 00:07:47,920 Speaker 1: century continued, the United States approach to expansion was described 123 00:07:48,240 --> 00:07:52,200 Speaker 1: as manifest destiny. That's a term first used in writing 124 00:07:52,280 --> 00:07:55,160 Speaker 1: in eighteen forty five as part of an argument that 125 00:07:55,200 --> 00:07:59,040 Speaker 1: the United States should annex the Republic of Texas. This 126 00:07:59,200 --> 00:08:02,440 Speaker 1: came to mean the United States was destined to expand 127 00:08:02,480 --> 00:08:05,920 Speaker 1: across the whole of North America, and this idea framed 128 00:08:05,920 --> 00:08:10,600 Speaker 1: the United States expansion as necessary and inevitable, and as 129 00:08:10,600 --> 00:08:14,400 Speaker 1: the nation's duty. This also was connected to a series 130 00:08:14,440 --> 00:08:19,240 Speaker 1: of removals, wars, and genocidal policies against the indigenous nations 131 00:08:19,280 --> 00:08:22,200 Speaker 1: of North America, in which tens of thousands of people 132 00:08:22,280 --> 00:08:25,080 Speaker 1: were forced to leave their homelands and move to land 133 00:08:25,200 --> 00:08:29,440 Speaker 1: known as Indian Territory west of the Mississippi River, primarily 134 00:08:29,560 --> 00:08:33,880 Speaker 1: in what is now Oklahoma. Support for the philosophy of 135 00:08:34,000 --> 00:08:38,319 Speaker 1: manifest destiny was not as universal as it sometimes described. 136 00:08:38,360 --> 00:08:41,680 Speaker 1: There were people within and outside of the US government 137 00:08:41,679 --> 00:08:46,120 Speaker 1: who argued against such aggressive expansion, and there were people 138 00:08:46,120 --> 00:08:50,320 Speaker 1: of a range of backgrounds, races, ethnicities, and religions who 139 00:08:50,480 --> 00:08:53,480 Speaker 1: didn't want the place they were already living to be 140 00:08:53,600 --> 00:08:56,920 Speaker 1: annexed or purchased by the United States for all kinds 141 00:08:56,960 --> 00:09:01,280 Speaker 1: of reasons. Thousands of indigenous people also died as a 142 00:09:01,320 --> 00:09:04,400 Speaker 1: result of the force removals that were involved in making 143 00:09:04,440 --> 00:09:08,600 Speaker 1: way for this expansion. But the underlying assumption was that 144 00:09:08,640 --> 00:09:12,400 Speaker 1: any territory the US was acquiring would become one or 145 00:09:12,440 --> 00:09:15,760 Speaker 1: more states. Assumption is not even a strong enough word. 146 00:09:15,880 --> 00:09:20,280 Speaker 1: It was obvious and unquestioned that newly acquired territory would 147 00:09:20,320 --> 00:09:23,880 Speaker 1: be admitted into the Union as states. There were debates 148 00:09:23,920 --> 00:09:27,400 Speaker 1: about whether slavery would be allowed in newly organized territory 149 00:09:27,480 --> 00:09:31,400 Speaker 1: and newly admitted states, and a number of compromises and 150 00:09:31,440 --> 00:09:35,720 Speaker 1: appeasements maintained a balance between slave states and free states 151 00:09:35,760 --> 00:09:39,160 Speaker 1: in Congress, but there was really no debate about whether 152 00:09:39,200 --> 00:09:42,400 Speaker 1: this new territory was on a path to statehood. There 153 00:09:42,520 --> 00:09:46,600 Speaker 1: was no sense at all that a territory could be unincorporated. 154 00:09:47,440 --> 00:09:51,240 Speaker 1: The only real exception to this pattern involved the islands 155 00:09:51,280 --> 00:09:54,440 Speaker 1: that were claimed under the Guano Islands Act of eighteen 156 00:09:54,520 --> 00:09:59,559 Speaker 1: fifty six. This act allowed US citizens to claim uninhabited 157 00:09:59,600 --> 00:10:03,320 Speaker 1: islands as sources of guano or bird poop, so these 158 00:10:03,400 --> 00:10:06,160 Speaker 1: islands didn't need to be incorporated they did not have 159 00:10:06,240 --> 00:10:11,400 Speaker 1: a permanent human population. Alaska's status was also kind of 160 00:10:11,559 --> 00:10:14,240 Speaker 1: vague for a while after the US purchased it from 161 00:10:14,320 --> 00:10:17,640 Speaker 1: Russia in eighteen sixty seven. The US made this purchase 162 00:10:17,840 --> 00:10:20,840 Speaker 1: just two years after the end of the Civil War, 163 00:10:21,000 --> 00:10:23,720 Speaker 1: it was still in the middle of trying to rebuild itself. 164 00:10:23,760 --> 00:10:27,480 Speaker 1: In Secretary of State William H. Seward's decision to buy 165 00:10:27,559 --> 00:10:33,240 Speaker 1: Alaska was widely criticized and lampooned. Alaska was organized as 166 00:10:33,280 --> 00:10:37,280 Speaker 1: the District of Alaska in eighteen eighty four, but at 167 00:10:37,360 --> 00:10:41,000 Speaker 1: the very end of the nineteenth century, the United States 168 00:10:41,000 --> 00:10:45,839 Speaker 1: acquired territory that it didn't necessarily want to incorporate. We're 169 00:10:45,840 --> 00:10:48,240 Speaker 1: going to get to that after we have a sponsor break. 170 00:10:57,880 --> 00:11:02,400 Speaker 1: The United States approach to its territories really shifted during 171 00:11:02,559 --> 00:11:07,640 Speaker 1: and after the Spanish American War. This war evolved from 172 00:11:07,720 --> 00:11:11,400 Speaker 1: Cuba's struggle for independence from Spain, and it was also 173 00:11:11,600 --> 00:11:15,719 Speaker 1: influenced by sensationalized news reporting in the United States and 174 00:11:15,920 --> 00:11:19,600 Speaker 1: the explosion of the USS Maine in Havana Harbor on 175 00:11:19,640 --> 00:11:23,880 Speaker 1: February fifteenth, eighteen ninety eight. The Treaty of Paris that 176 00:11:24,000 --> 00:11:28,240 Speaker 1: formally ended the Spanish American War was signed on December tenth, 177 00:11:28,280 --> 00:11:32,160 Speaker 1: eighteen ninety eight. It recognized Cuba as an independent nation 178 00:11:32,360 --> 00:11:36,280 Speaker 1: while giving the United States control of Puerto Rico and Guam. 179 00:11:36,800 --> 00:11:39,760 Speaker 1: Under the treaty, the United States was also allowed to 180 00:11:39,800 --> 00:11:43,520 Speaker 1: purchase the Philippines from Spain, which it did, although the 181 00:11:43,559 --> 00:11:47,559 Speaker 1: Philippines had declared its own independence, and the US takeover 182 00:11:47,760 --> 00:11:50,960 Speaker 1: of the Philippines sparked the two year Philippine American War. 183 00:11:51,520 --> 00:11:54,440 Speaker 1: There are many treaties of Paris. This is obviously a 184 00:11:54,480 --> 00:11:58,000 Speaker 1: different one than the one that formerly ended the Revolutionary War. 185 00:11:58,440 --> 00:12:01,480 Speaker 1: Paris is where all the cool treaties, where we always 186 00:12:01,520 --> 00:12:05,520 Speaker 1: go to negotiate a peace. I mean, yeah, any excuse 187 00:12:05,559 --> 00:12:08,960 Speaker 1: to go to Paris. While the Spanish American War was ongoing, 188 00:12:09,040 --> 00:12:13,480 Speaker 1: the United States had also annexed Hawaii. For some very 189 00:12:13,480 --> 00:12:16,920 Speaker 1: brief context on that, in eighteen seventy five, the US 190 00:12:16,920 --> 00:12:20,160 Speaker 1: and the Kingdom of Hawaii had signed a reciprocity treaty 191 00:12:20,440 --> 00:12:24,120 Speaker 1: that allowed Hawaii to freely export goods like sugar, to 192 00:12:24,280 --> 00:12:27,719 Speaker 1: the US. In exchange, the US took control of an 193 00:12:27,720 --> 00:12:31,040 Speaker 1: area known as Puuloa, now home to the Pearl Harbor 194 00:12:31,160 --> 00:12:34,800 Speaker 1: Naval Base. This treaty led to a huge explosion in 195 00:12:34,840 --> 00:12:38,840 Speaker 1: the sugar industry in Hawaii, driven by US business interests, 196 00:12:38,880 --> 00:12:44,400 Speaker 1: which made the Hawaiian economy increasingly dependent on these exports. Then, 197 00:12:44,440 --> 00:12:47,600 Speaker 1: in eighteen ninety three, Sandford Dole, a lawyer who was 198 00:12:47,640 --> 00:12:51,040 Speaker 1: born in Hawaii to American parents, led a committee of 199 00:12:51,080 --> 00:12:55,559 Speaker 1: sugar planters and other American businessmen to overthrow the Hawaiian 200 00:12:55,600 --> 00:12:59,760 Speaker 1: monarchy with the backing of the US military. Dole petitioned 201 00:12:59,800 --> 00:13:03,120 Speaker 1: the US to annex Hawaii in eighteen ninety four, and 202 00:13:03,280 --> 00:13:06,320 Speaker 1: one reason the US did so four years later was 203 00:13:06,360 --> 00:13:09,080 Speaker 1: to ensure that it did not lose control of Pearl 204 00:13:09,080 --> 00:13:12,800 Speaker 1: Harbor while fighting a war with Spain. That is like 205 00:13:13,920 --> 00:13:17,760 Speaker 1: the most brief abridged synopsis, and we're about to have 206 00:13:17,800 --> 00:13:21,600 Speaker 1: another one, because then in eighteen ninety nine, the US 207 00:13:21,640 --> 00:13:27,240 Speaker 1: took control of part of the Samoan Archipelago, again incredibly briefly. 208 00:13:27,640 --> 00:13:30,960 Speaker 1: In the nineteenth century, Germany, Britain, and the US all 209 00:13:31,120 --> 00:13:36,160 Speaker 1: established business interests in Samoa and became heavily involved in 210 00:13:36,240 --> 00:13:41,880 Speaker 1: Samoan politics. Each of these nations backed different political factions, 211 00:13:42,000 --> 00:13:44,680 Speaker 1: and when a civil war began in eighteen eighty nine, 212 00:13:44,880 --> 00:13:47,240 Speaker 1: one side was backed by the US and the other 213 00:13:47,360 --> 00:13:51,320 Speaker 1: was backed by Germany. The first phase of fighting ended 214 00:13:51,320 --> 00:13:54,960 Speaker 1: in eighteen eighty nine, mostly because most of the Western 215 00:13:55,000 --> 00:13:58,000 Speaker 1: Powers ships were either damaged or destroyed in a cyclone. 216 00:13:58,800 --> 00:14:02,360 Speaker 1: Violence resumed in eighteen ninety three, continuing for about a year, 217 00:14:02,520 --> 00:14:07,360 Speaker 1: again with Germany and the US backing opposing factions. Then, 218 00:14:07,640 --> 00:14:11,760 Speaker 1: when maritoa lal Peppe, leader of Samoa died in eighteen 219 00:14:11,840 --> 00:14:15,960 Speaker 1: ninety eight, the Chief Justice who issued the decision on 220 00:14:16,200 --> 00:14:21,040 Speaker 1: who his successor would be was an American citizen, so 221 00:14:21,320 --> 00:14:25,800 Speaker 1: a lot of Samoans and Germans in Samoa opposed this decision. 222 00:14:25,880 --> 00:14:30,800 Speaker 1: This led to renewed hostilities. Ultimately, Britain, the United States, 223 00:14:30,880 --> 00:14:36,000 Speaker 1: and Germany negotiated the Tripartite Convention without the involvement of Samoans, 224 00:14:36,000 --> 00:14:40,840 Speaker 1: and this partitioned the archipelago between the United States and Germany. 225 00:14:41,880 --> 00:14:45,360 Speaker 1: Just as a note, German Samoa was placed under control 226 00:14:45,440 --> 00:14:48,400 Speaker 1: of New Zealand after World War One. It became independent 227 00:14:48,440 --> 00:14:53,280 Speaker 1: in nineteen sixty two. The US portion still US territory, 228 00:14:53,880 --> 00:14:57,320 Speaker 1: so By eighteen ninety nine, the US had taken control 229 00:14:57,360 --> 00:15:01,640 Speaker 1: of Puerto Rico, Guam, the Philippines, and part of Samoa, 230 00:15:02,120 --> 00:15:04,480 Speaker 1: and it had a number of reasons to want access 231 00:15:04,520 --> 00:15:08,440 Speaker 1: to territory in the Caribbean and the Pacific. Many of 232 00:15:08,440 --> 00:15:12,360 Speaker 1: these islands had strategic military importance and could also serve 233 00:15:12,440 --> 00:15:16,800 Speaker 1: as refueling points for trading ships. Investors saw range of 234 00:15:16,880 --> 00:15:21,440 Speaker 1: agricultural and commercial opportunities. This was also happening as the 235 00:15:21,480 --> 00:15:24,560 Speaker 1: Panama Canal was being built, a project that the US 236 00:15:24,640 --> 00:15:27,680 Speaker 1: took over just a few years after taking control of 237 00:15:27,720 --> 00:15:31,440 Speaker 1: these new territories, so people were seeing new potential for 238 00:15:31,560 --> 00:15:35,680 Speaker 1: international shipping. There was also an argument for the US 239 00:15:35,800 --> 00:15:39,040 Speaker 1: to take over these islands that was explicitly racist, that 240 00:15:39,080 --> 00:15:42,280 Speaker 1: they were not capable of governing themselves, so the United 241 00:15:42,320 --> 00:15:46,480 Speaker 1: States needed to take them over. An argument not to 242 00:15:46,560 --> 00:15:50,000 Speaker 1: keep control of all of these islands was also racist. 243 00:15:50,200 --> 00:15:53,680 Speaker 1: There were basically people who didn't want islands full of 244 00:15:53,800 --> 00:15:58,280 Speaker 1: people who were predominantly indigenous or Hispanic to suddenly become 245 00:15:58,440 --> 00:16:03,080 Speaker 1: US citizens. In some cases, religious prejudice was also a factor, 246 00:16:03,160 --> 00:16:07,120 Speaker 1: since some of these areas were predominantly Catholic. This can 247 00:16:07,240 --> 00:16:10,400 Speaker 1: seem like an odd argument considering that the US had 248 00:16:10,440 --> 00:16:14,280 Speaker 1: already incorporated a lot of territory in North America that 249 00:16:14,360 --> 00:16:18,600 Speaker 1: had previously been colonized by Spain and had some demographic 250 00:16:18,680 --> 00:16:22,160 Speaker 1: similarities to these islands, like under the Treaty of Guadalupe 251 00:16:22,280 --> 00:16:25,960 Speaker 1: Hidalgo that ended the Mexican American War in eighteen forty eight, 252 00:16:26,440 --> 00:16:29,840 Speaker 1: Mexico ceded more than half its territory to the US. 253 00:16:30,480 --> 00:16:33,120 Speaker 1: People living there had been given a year to decide 254 00:16:33,120 --> 00:16:35,680 Speaker 1: if they wanted to become US citizens, and by the 255 00:16:35,760 --> 00:16:39,240 Speaker 1: time the Spanish American War ended, multiple states had been 256 00:16:39,280 --> 00:16:44,960 Speaker 1: formed from that territory. But as an example, when California 257 00:16:45,120 --> 00:16:48,680 Speaker 1: became a state in eighteen fifty, formed from territory that 258 00:16:48,760 --> 00:16:52,080 Speaker 1: had been part of Mexico, it had a population of 259 00:16:52,120 --> 00:16:55,800 Speaker 1: about ninety two thousand people. Meanwhile, at the end of 260 00:16:55,800 --> 00:16:58,840 Speaker 1: the Spanish American War, the population of Puerto Rico was 261 00:16:58,920 --> 00:17:02,720 Speaker 1: more than ten times that, and there were roughly seven 262 00:17:02,880 --> 00:17:07,280 Speaker 1: million people living in the Philippines. The entire United States 263 00:17:07,320 --> 00:17:10,480 Speaker 1: population at this point was about seventy six million people, 264 00:17:10,600 --> 00:17:13,400 Speaker 1: So there were a lot of people who just completely 265 00:17:13,520 --> 00:17:16,920 Speaker 1: freaked out about the idea that if the Philippines became 266 00:17:16,960 --> 00:17:19,879 Speaker 1: a state, Filipinos would make up almost ten percent of 267 00:17:19,920 --> 00:17:23,440 Speaker 1: the population of the United States. Also, with the exception 268 00:17:23,520 --> 00:17:27,640 Speaker 1: of Puerto Rico, these newly acquired islands were geographically very 269 00:17:27,680 --> 00:17:30,919 Speaker 1: far from continental North America, and that added to the 270 00:17:30,960 --> 00:17:34,760 Speaker 1: perception that they were more foreign than something like the 271 00:17:34,800 --> 00:17:39,159 Speaker 1: southwestern part of the continent. Was Also, to be clear, 272 00:17:39,200 --> 00:17:42,840 Speaker 1: we're not suggesting that racism and prejudice were directed only 273 00:17:42,920 --> 00:17:46,400 Speaker 1: at the people in these newly acquired island territories, or 274 00:17:46,440 --> 00:17:49,000 Speaker 1: that everyone living in the continental US had the same 275 00:17:49,119 --> 00:17:53,160 Speaker 1: constitutional rights at this point. As examples after the US 276 00:17:53,200 --> 00:17:57,160 Speaker 1: Civil War, the fourteenth Amendment had granted citizenship to anyone 277 00:17:57,240 --> 00:18:00,919 Speaker 1: born or naturalized in the United States and subject to 278 00:18:01,040 --> 00:18:04,760 Speaker 1: US jurisdiction, and the fifteenth Amendment had given black men 279 00:18:04,840 --> 00:18:08,360 Speaker 1: the right to vote, but in practice, many black men 280 00:18:08,440 --> 00:18:11,359 Speaker 1: could not freely exercise their right to vote, and women 281 00:18:11,400 --> 00:18:13,960 Speaker 1: did not have a constitutional right to vote at all. 282 00:18:14,880 --> 00:18:18,960 Speaker 1: Native Americans were not considered US citizens, and immigrants from 283 00:18:19,000 --> 00:18:23,240 Speaker 1: many Asian countries were banned from becoming citizens. So the 284 00:18:23,359 --> 00:18:27,120 Speaker 1: idea that the US might apply constitutional rights and protections 285 00:18:27,160 --> 00:18:30,520 Speaker 1: only to some people also was not at all new. 286 00:18:31,119 --> 00:18:33,480 Speaker 1: What was new was the idea that the US could 287 00:18:33,520 --> 00:18:39,199 Speaker 1: acquire territory without that territory ultimately becoming a state. That 288 00:18:39,359 --> 00:18:42,040 Speaker 1: is where we get to these Supreme Court cases. On 289 00:18:42,080 --> 00:18:45,440 Speaker 1: May twenty seventh, nineteen oh one, the US Supreme Court 290 00:18:45,480 --> 00:18:49,240 Speaker 1: issued its decision in six cases that had all been 291 00:18:49,440 --> 00:18:52,760 Speaker 1: argued over the course of nineteen hundred and nineteen oh one. 292 00:18:53,359 --> 00:18:55,800 Speaker 1: Most of these were related to Puerto Rico. There was 293 00:18:55,840 --> 00:18:59,000 Speaker 1: also one case relating to Hawaii and one related to 294 00:18:59,040 --> 00:19:05,160 Speaker 1: the Philippines. Some constitutional law scholars frame these six decisions 295 00:19:05,280 --> 00:19:09,000 Speaker 1: as the core insular cases. There are others who include 296 00:19:09,040 --> 00:19:12,200 Speaker 1: two other cases that were decided in December of that 297 00:19:12,280 --> 00:19:15,720 Speaker 1: same year. There are others who include a lot more 298 00:19:15,760 --> 00:19:18,439 Speaker 1: cases that were decided over the next two decades, for 299 00:19:18,520 --> 00:19:21,040 Speaker 1: up to a total of thirty five cases. So like 300 00:19:21,200 --> 00:19:24,000 Speaker 1: the argument over which cases are the insular cases can 301 00:19:24,760 --> 00:19:28,840 Speaker 1: really vary depending on whose opinions you're reading. The idea 302 00:19:28,880 --> 00:19:31,040 Speaker 1: that at least some of these cases would be grouped 303 00:19:31,080 --> 00:19:34,320 Speaker 1: together as the insular cases was there right from the beginning. 304 00:19:34,880 --> 00:19:38,200 Speaker 1: Some of the Court's opinions collectively refer to the Insular 305 00:19:38,240 --> 00:19:41,879 Speaker 1: tariff cases. In February of nineteen oh one, after the 306 00:19:41,920 --> 00:19:44,960 Speaker 1: cases had been argued, but before they were decided, the 307 00:19:45,000 --> 00:19:48,560 Speaker 1: House of Representatives passed a resolution calling for the briefs 308 00:19:48,560 --> 00:19:51,200 Speaker 1: and arguments from five of the cases to be printed 309 00:19:51,240 --> 00:19:55,680 Speaker 1: together as a book called The Insular Cases. That book 310 00:19:56,119 --> 00:20:00,440 Speaker 1: is one thousand and seventy five pages long, little light reading. Yeah, 311 00:20:00,480 --> 00:20:02,240 Speaker 1: clearly we're not going to be talking about all of 312 00:20:02,280 --> 00:20:07,400 Speaker 1: these cases in detail to quickly tick through these nineteen 313 00:20:07,520 --> 00:20:10,000 Speaker 1: oh one cases. That's not just the first six, it's 314 00:20:10,000 --> 00:20:13,560 Speaker 1: the other two as well. One outlier was Who's versus 315 00:20:13,760 --> 00:20:17,439 Speaker 1: New York and Puerto Rico Steamship Company. This looked at 316 00:20:17,440 --> 00:20:20,760 Speaker 1: the question of whether Puerto Rican ports were domestic or 317 00:20:20,800 --> 00:20:24,400 Speaker 1: foreign ports in the context of US shipping law and 318 00:20:24,800 --> 00:20:29,080 Speaker 1: New York laws around the pilotage of nautical vessels. Most 319 00:20:29,200 --> 00:20:32,840 Speaker 1: of the other cases addressed the core question of whether 320 00:20:33,160 --> 00:20:36,679 Speaker 1: Puerto Rico, Hawaii, or the Philippines should be considered a 321 00:20:36,840 --> 00:20:41,240 Speaker 1: foreign country in terms of tariff law. These cases were 322 00:20:41,280 --> 00:20:46,280 Speaker 1: de Lima versus Bidwell, Gutsa versus United States, Armstrong versus 323 00:20:46,400 --> 00:20:50,840 Speaker 1: United States, two different cases called Duly versus United States, 324 00:20:51,160 --> 00:20:56,560 Speaker 1: and fourteen Diamond Rings versus United States. These cases all 325 00:20:56,600 --> 00:21:00,600 Speaker 1: involved similar scenarios. A person or business had been required 326 00:21:00,640 --> 00:21:03,680 Speaker 1: to pay a duty, or had something seized by customs, 327 00:21:04,000 --> 00:21:06,480 Speaker 1: but they argued that no duties or fees should have 328 00:21:06,520 --> 00:21:10,080 Speaker 1: been required or customs should not have seized the goods 329 00:21:10,280 --> 00:21:12,880 Speaker 1: since the goods had not come from a foreign country. 330 00:21:13,400 --> 00:21:16,600 Speaker 1: The Court issued decisions in these cases establishing that none 331 00:21:16,640 --> 00:21:19,760 Speaker 1: of these places were foreign countries in the context of 332 00:21:19,840 --> 00:21:24,040 Speaker 1: tariff law, unless the duty had been imposed before the 333 00:21:24,200 --> 00:21:27,800 Speaker 1: United States annexed them. The last of these nineteen oh 334 00:21:27,840 --> 00:21:30,240 Speaker 1: one cases, not in terms of time, decided, just in 335 00:21:30,320 --> 00:21:33,960 Speaker 1: terms of us talking about them, was Downs versus Bidwell, 336 00:21:34,040 --> 00:21:37,000 Speaker 1: and that looked at whether parts of the Forker Act 337 00:21:37,560 --> 00:21:41,560 Speaker 1: were constitutional. The Forker Act, also called the Puerto Rico 338 00:21:41,680 --> 00:21:45,080 Speaker 1: Organic Act, had been passed in April of nineteen hundred. 339 00:21:45,600 --> 00:21:50,280 Speaker 1: Among its many provisions, the Forker Act established a fifteen 340 00:21:50,400 --> 00:21:53,760 Speaker 1: percent tariff on goods that were imported into Puerto Rico 341 00:21:53,840 --> 00:21:58,880 Speaker 1: from the United States and vice versa. But Article one, 342 00:21:59,280 --> 00:22:03,480 Speaker 1: Section eight, Clause one of the US Constitution, known as 343 00:22:03,520 --> 00:22:09,320 Speaker 1: the Uniformity Clause, requires that quote all duties, imports, and 344 00:22:09,400 --> 00:22:15,399 Speaker 1: excises shall be uniform throughout the United States. So if 345 00:22:15,720 --> 00:22:20,320 Speaker 1: throughout the United States included Puerto Rico, it was unconstitutional 346 00:22:20,359 --> 00:22:24,159 Speaker 1: for it to have this separate tariff. The Supreme Court's 347 00:22:24,160 --> 00:22:28,040 Speaker 1: plurality decision was that no, the Foriker Act was not 348 00:22:28,440 --> 00:22:33,560 Speaker 1: unconstitutional because while Puerto Rico belonged to the United States, 349 00:22:34,240 --> 00:22:38,520 Speaker 1: it was not part of the United States. Of all 350 00:22:38,560 --> 00:22:42,520 Speaker 1: these cases, Delima versus Bidwell and Downs versus Bidwell have 351 00:22:42,560 --> 00:22:46,119 Speaker 1: gotten the most attention in terms of study and analysis, 352 00:22:46,480 --> 00:22:50,159 Speaker 1: and Downs versus Bidwell in particular has become notorious for 353 00:22:50,280 --> 00:22:53,080 Speaker 1: its racist language. We're going to get into more on 354 00:22:53,240 --> 00:23:06,080 Speaker 1: that after a sponsor break. As we noted before the break, 355 00:23:06,320 --> 00:23:08,840 Speaker 1: in nineteen oh one, the US Supreme Court issued a 356 00:23:08,840 --> 00:23:12,400 Speaker 1: decision in Downs versus Bidwell that described Puerto Rico as 357 00:23:12,480 --> 00:23:16,359 Speaker 1: belonging to the United States but not part of it. 358 00:23:17,119 --> 00:23:21,959 Speaker 1: Downs versus Bidwell also established a distinction between incorporated and 359 00:23:22,760 --> 00:23:28,480 Speaker 1: unincorporated territory. As we talked about in the first part 360 00:23:28,520 --> 00:23:30,240 Speaker 1: of this shit like, this was a new idea. This 361 00:23:30,400 --> 00:23:32,520 Speaker 1: was not how the United States had been doing it before. 362 00:23:33,160 --> 00:23:36,800 Speaker 1: In the words of a concurring opinion by Justice Horace Gray, quote, 363 00:23:36,880 --> 00:23:40,800 Speaker 1: so long as Congress has not incorporated the territory into 364 00:23:40,800 --> 00:23:45,400 Speaker 1: the United States, neither military occupation nor session by treaty 365 00:23:45,520 --> 00:23:49,280 Speaker 1: makes the conquered territory domestic territory in the sense of 366 00:23:49,320 --> 00:23:54,160 Speaker 1: the revenue laws, but those laws concerning foreign countries remain 367 00:23:54,240 --> 00:23:58,840 Speaker 1: applicable to the conquered territory until changed by Congress. If 368 00:23:58,880 --> 00:24:02,600 Speaker 1: Congress is not to construct a complete government for the 369 00:24:02,640 --> 00:24:06,240 Speaker 1: conquered territory, it may establish a temporary government which is 370 00:24:06,359 --> 00:24:10,680 Speaker 1: not subject to all the restrictions of the Constitution. That 371 00:24:10,680 --> 00:24:15,400 Speaker 1: doesn't sound like a fat loophole at all. In other words, 372 00:24:15,480 --> 00:24:19,360 Speaker 1: Puerto Rico and by extension, the other island territories were 373 00:24:19,440 --> 00:24:23,040 Speaker 1: not foreign countries in terms of tariff law, but also 374 00:24:23,119 --> 00:24:25,720 Speaker 1: were not part of the United States in any way 375 00:24:25,760 --> 00:24:29,960 Speaker 1: that would bring them under the Constitution's uniformity clause. This 376 00:24:30,200 --> 00:24:34,360 Speaker 1: decision sort of read into various parts of the Constitution 377 00:24:34,640 --> 00:24:39,520 Speaker 1: and previous court decisions, arguing that you really couldn't infer 378 00:24:39,640 --> 00:24:44,520 Speaker 1: from the Constitution that territories were part of the United States, 379 00:24:44,760 --> 00:24:50,200 Speaker 1: like the thirteenth Amendment to the Constitution abolished slavery quote 380 00:24:50,560 --> 00:24:54,000 Speaker 1: within the United States or in any place subject to 381 00:24:54,040 --> 00:24:57,600 Speaker 1: their jurisdiction. So, according to this argument, that had to 382 00:24:57,640 --> 00:25:01,320 Speaker 1: mean there were places that were subject to US jurisdiction 383 00:25:01,520 --> 00:25:05,720 Speaker 1: but were not part of the United States or in 384 00:25:05,760 --> 00:25:10,000 Speaker 1: the Fourteenth Amendment. Quote, all persons born or naturalized in 385 00:25:10,080 --> 00:25:13,640 Speaker 1: the United States and subject to the jurisdiction thereof are 386 00:25:13,760 --> 00:25:16,920 Speaker 1: citizens of the United States and the state wherein they reside. 387 00:25:17,800 --> 00:25:21,280 Speaker 1: So in the Court's view that suggested that in the 388 00:25:21,400 --> 00:25:25,520 Speaker 1: United States and subject to US jurisdiction could be two 389 00:25:25,760 --> 00:25:30,040 Speaker 1: totally different things. To quote from the plurality opinion authored 390 00:25:30,119 --> 00:25:33,679 Speaker 1: by Justice Henry Billings Brown quote, we are also of 391 00:25:33,720 --> 00:25:36,879 Speaker 1: the opinion that the power to acquire territory by treaty 392 00:25:37,000 --> 00:25:40,719 Speaker 1: implies not only the power to govern such territory, but 393 00:25:40,760 --> 00:25:44,040 Speaker 1: to prescribe upon what terms the United States will receive 394 00:25:44,080 --> 00:25:47,159 Speaker 1: its inhabitants and what their status shall be in what 395 00:25:47,280 --> 00:25:51,639 Speaker 1: Chief Justice Marshall termed the American Empire. There seems to 396 00:25:51,680 --> 00:25:54,960 Speaker 1: be no middle ground between this position and the doctrine 397 00:25:54,960 --> 00:25:58,840 Speaker 1: that if their inhabitants do not become immediately upon annexation 398 00:25:59,160 --> 00:26:03,000 Speaker 1: citizens of the unit United States, their children thereafter born, 399 00:26:03,400 --> 00:26:07,440 Speaker 1: whether savages or civilized, are such and entitled to all 400 00:26:07,480 --> 00:26:11,760 Speaker 1: the rights, privileges, and immunities of citizens. If such be 401 00:26:11,880 --> 00:26:16,840 Speaker 1: their status, the consequences will be extremely serious. Indeed, it 402 00:26:16,920 --> 00:26:20,000 Speaker 1: is doubtful if Congress would ever assent to the annexation 403 00:26:20,080 --> 00:26:24,200 Speaker 1: of territory upon the condition that its inhabitants, however foreign 404 00:26:24,280 --> 00:26:27,280 Speaker 1: they may be to our habits, traditions, and modes of life, 405 00:26:27,640 --> 00:26:34,440 Speaker 1: shall become at once citizens of the United States. Legal racism. Yeah, 406 00:26:34,480 --> 00:26:43,199 Speaker 1: it's like it's straightforwardly racist. The Plurality opinion concluded, quote, 407 00:26:43,520 --> 00:26:48,960 Speaker 1: if those possessions are inhabited by alien races differing from 408 00:26:49,160 --> 00:26:53,680 Speaker 1: us in religion, customs, laws, methods of taxation, and modes 409 00:26:53,720 --> 00:26:57,840 Speaker 1: of thought, the administration of government and justice according to 410 00:26:57,960 --> 00:27:02,919 Speaker 1: Anglo Saxon principles, may for a time be impossible, and 411 00:27:02,960 --> 00:27:07,120 Speaker 1: the question at once arises whether large concessions ought not 412 00:27:07,240 --> 00:27:10,000 Speaker 1: to be made for a time that ultimately our own 413 00:27:10,240 --> 00:27:12,879 Speaker 1: theories may be carried out, and the blessings of a 414 00:27:12,920 --> 00:27:17,119 Speaker 1: free government under the Constitution extended to them. We decline 415 00:27:17,200 --> 00:27:20,119 Speaker 1: to hold that there is anything in the Constitution to 416 00:27:20,200 --> 00:27:24,240 Speaker 1: forbid such action. It went on to say, quote, we 417 00:27:24,320 --> 00:27:27,600 Speaker 1: are therefore of opinion that the island of Puerto Rico 418 00:27:27,800 --> 00:27:31,200 Speaker 1: is a territory, a pertinent and belonging to the United States, 419 00:27:31,560 --> 00:27:34,159 Speaker 1: but not a part of the United States. Within the 420 00:27:34,200 --> 00:27:38,199 Speaker 1: revenue clauses of the Constitution, that the foriker Act is 421 00:27:38,320 --> 00:27:42,520 Speaker 1: constitutional so far as it imposes duties upon imports from 422 00:27:42,560 --> 00:27:45,679 Speaker 1: such island, and that the plaintiff cannot recover back the 423 00:27:45,760 --> 00:27:49,760 Speaker 1: duties exacted in this case. So this was one of 424 00:27:50,640 --> 00:27:55,239 Speaker 1: many five to four decisions among the insular cases, just 425 00:27:55,280 --> 00:27:57,720 Speaker 1: in case folks are not from the US, they don't 426 00:27:57,800 --> 00:28:00,560 Speaker 1: necessarily know how the Supreme Court is set up. There 427 00:28:00,560 --> 00:28:04,120 Speaker 1: are nine justices, and so in a lot of these 428 00:28:04,200 --> 00:28:08,880 Speaker 1: cases the decision was five to four. A dissent by 429 00:28:09,040 --> 00:28:13,719 Speaker 1: Chief Justice Fuller included the statement quote great stress is 430 00:28:13,800 --> 00:28:17,320 Speaker 1: thrown upon the word incorporation, as if possessed of some 431 00:28:17,520 --> 00:28:22,600 Speaker 1: occult meaning. Justice John M. Harlan also penned a dissent 432 00:28:22,680 --> 00:28:25,760 Speaker 1: of his own, which set, in part quote these are 433 00:28:25,840 --> 00:28:29,840 Speaker 1: words of weighty import. They involve consequences of the most 434 00:28:29,840 --> 00:28:32,879 Speaker 1: momentous character. I take leave to say that if the 435 00:28:32,960 --> 00:28:36,560 Speaker 1: principles thus announced should ever receive the sanction of a 436 00:28:36,640 --> 00:28:40,640 Speaker 1: majority of this Court, a radical and mischievous change in 437 00:28:40,680 --> 00:28:43,600 Speaker 1: our system of government will be the result. We will, 438 00:28:43,680 --> 00:28:47,520 Speaker 1: in that event, pass from the era of constitutional liberty 439 00:28:47,560 --> 00:28:51,720 Speaker 1: guarded and protected by a written constitution into an era 440 00:28:51,840 --> 00:28:57,400 Speaker 1: of legislative absolutism. Together these nineteen oh one cases establish 441 00:28:57,480 --> 00:29:01,200 Speaker 1: the idea that Puerto Rico, Hawaii, the Phillippines, Samoa, and 442 00:29:01,240 --> 00:29:04,360 Speaker 1: Guam were part of the United States in some ways 443 00:29:04,440 --> 00:29:09,280 Speaker 1: but not others, and could stay that way indefinitely. Cases 444 00:29:09,320 --> 00:29:12,720 Speaker 1: that followed later in the early twentieth century also outlined 445 00:29:12,760 --> 00:29:16,640 Speaker 1: limits on the constitutional rights of people living in these territories. 446 00:29:17,240 --> 00:29:20,479 Speaker 1: As we said earlier, some scholars consider these later cases 447 00:29:20,520 --> 00:29:22,960 Speaker 1: to be part of the insular cases, and some do not. 448 00:29:23,760 --> 00:29:27,200 Speaker 1: As a few examples, Door versus United States decided in 449 00:29:27,280 --> 00:29:30,480 Speaker 1: nineteen oh four looked at the question of whether residents 450 00:29:30,480 --> 00:29:33,200 Speaker 1: of the Philippines had the right to a trial by jury. 451 00:29:33,960 --> 00:29:36,360 Speaker 1: The right to a jury trial is outlined in the 452 00:29:36,400 --> 00:29:39,560 Speaker 1: sixth Amendment to the Constitution, but the court ruled that 453 00:29:39,600 --> 00:29:42,560 Speaker 1: it would only apply in the Philippines if Congress enacted 454 00:29:42,680 --> 00:29:48,360 Speaker 1: legislation to establish that right. Hawaii versus. Mankiche was similar, 455 00:29:48,680 --> 00:29:51,400 Speaker 1: finding that the right to a jury trial had not 456 00:29:51,640 --> 00:29:55,440 Speaker 1: existed in Hawaii in the window between when the US 457 00:29:55,640 --> 00:29:59,200 Speaker 1: annexed it and when Congress passed an act to provide 458 00:29:59,200 --> 00:30:02,400 Speaker 1: a government for the ti territory of Hawaii in nineteen hundred. 459 00:30:03,280 --> 00:30:07,040 Speaker 1: This act bestowed US citizenship on the people who had 460 00:30:07,080 --> 00:30:11,120 Speaker 1: been citizens of the Republic of Hawaii as of August twelfth, 461 00:30:11,160 --> 00:30:15,800 Speaker 1: eighteen ninety eight. So once people in Hawaii were considered 462 00:30:15,840 --> 00:30:18,760 Speaker 1: to be US citizens, they were entitled to a trial 463 00:30:18,800 --> 00:30:22,560 Speaker 1: by jury, But when Hawaii was a US territory whose 464 00:30:22,600 --> 00:30:26,160 Speaker 1: residents were not citizens, they were not entitled to a 465 00:30:26,240 --> 00:30:31,080 Speaker 1: jury trial. Gonzales versus Williams was decided in nineteen oh four. 466 00:30:31,680 --> 00:30:35,360 Speaker 1: Although Puerto Ricans were not considered US citizens at that time, 467 00:30:35,840 --> 00:30:38,360 Speaker 1: they were supposed to be able to travel freely to 468 00:30:38,440 --> 00:30:42,040 Speaker 1: the United States. Isabella Gonzalez had tried to join her 469 00:30:42,080 --> 00:30:45,200 Speaker 1: fiance in New York, but was turned away at port. 470 00:30:45,920 --> 00:30:49,200 Speaker 1: She was pregnant, and authorities described her as an alien 471 00:30:49,600 --> 00:30:53,200 Speaker 1: who was likely to become a public charge. The court 472 00:30:53,240 --> 00:30:55,160 Speaker 1: found that she was not an alien and should not 473 00:30:55,240 --> 00:30:58,120 Speaker 1: have been denied entry into New York, but also did 474 00:30:58,160 --> 00:31:01,240 Speaker 1: not find that she was a citizen. This case is 475 00:31:01,280 --> 00:31:04,480 Speaker 1: sometimes cited as a factor in Puerto Rican's ultimately being 476 00:31:04,520 --> 00:31:07,760 Speaker 1: given citizenship as part of the Jones Schafroth Act in 477 00:31:07,840 --> 00:31:11,360 Speaker 1: nineteen seventeen. When I got to this part, I was like, 478 00:31:11,360 --> 00:31:13,719 Speaker 1: I kind of wish I had done a whole episode 479 00:31:13,760 --> 00:31:15,960 Speaker 1: on this one case. Which might happen at some point 480 00:31:15,960 --> 00:31:19,719 Speaker 1: in the future. We still could. One of the last 481 00:31:19,840 --> 00:31:23,440 Speaker 1: cases that is sometimes grouped together with the insular cases 482 00:31:23,600 --> 00:31:27,280 Speaker 1: was Balzac versus Puerto Rico, decided in nineteen twenty two. 483 00:31:27,960 --> 00:31:31,160 Speaker 1: This was a case in which Jesus M. Baalzac, editor 484 00:31:31,280 --> 00:31:35,000 Speaker 1: of a Puerto Rican daily newspaper, had been charged with libel. 485 00:31:35,920 --> 00:31:38,520 Speaker 1: This case was connected to the rights of free speech, 486 00:31:38,680 --> 00:31:41,480 Speaker 1: freedom of the press, and trial by jury, which are 487 00:31:41,520 --> 00:31:46,160 Speaker 1: all considered basic constitutional rights in the United States. The 488 00:31:46,280 --> 00:31:50,040 Speaker 1: court found that Puerto Rico had not been incorporated into 489 00:31:50,040 --> 00:31:53,000 Speaker 1: the United States, and that the sixth Amendment right to 490 00:31:53,040 --> 00:31:56,440 Speaker 1: a jury trial did not apply, and that Ballzak's published 491 00:31:56,480 --> 00:31:59,479 Speaker 1: work was not protected by the rights to free speech 492 00:31:59,600 --> 00:32:03,760 Speaker 1: or a free There are a lot of contradictions among 493 00:32:03,800 --> 00:32:08,040 Speaker 1: these cases and sometimes within the cases themselves. As we 494 00:32:08,080 --> 00:32:11,200 Speaker 1: said earlier, many were decided five to four, and often 495 00:32:11,240 --> 00:32:14,680 Speaker 1: those five justices agreed on the outcome but not on 496 00:32:14,760 --> 00:32:18,520 Speaker 1: the reasoning behind it. But together they established what's known 497 00:32:18,640 --> 00:32:23,560 Speaker 1: as the incorporation doctrine. They outlined differences between incorporated and 498 00:32:23,720 --> 00:32:27,800 Speaker 1: unincorporated territories and set the stage for the United States 499 00:32:27,800 --> 00:32:32,720 Speaker 1: to be able to claim unincorporated territories in perpetuity without 500 00:32:32,760 --> 00:32:35,760 Speaker 1: allowing them to enter the Union as states or de 501 00:32:35,960 --> 00:32:40,080 Speaker 1: annexing them. While the US Constitution established the nation as 502 00:32:40,120 --> 00:32:45,120 Speaker 1: a representative democracy, the insular cases set aside several territories 503 00:32:45,560 --> 00:32:49,640 Speaker 1: territories that were inhabited primarily by Hispanic and Indigenous people 504 00:32:50,120 --> 00:32:54,840 Speaker 1: as not entitled to full participation or representation in that democracy. 505 00:32:55,720 --> 00:32:58,320 Speaker 1: Whow as we said earlier, these cases still stand, there 506 00:32:58,360 --> 00:33:01,120 Speaker 1: have of course been some shifts and details over the 507 00:33:01,160 --> 00:33:05,480 Speaker 1: last century. The Philippines became independent from the United States 508 00:33:05,520 --> 00:33:09,320 Speaker 1: in nineteen forty six after being occupied by Japan during 509 00:33:09,400 --> 00:33:13,480 Speaker 1: World War Two. Japan had actually declared the Philippines independent 510 00:33:13,640 --> 00:33:15,600 Speaker 1: in nineteen forty three, sort of trying to get the 511 00:33:15,600 --> 00:33:20,080 Speaker 1: support of Filipinos during this occupation. As we said earlier, 512 00:33:20,320 --> 00:33:23,720 Speaker 1: the people of Puerto Rico were granted statutory citizenship in 513 00:33:23,800 --> 00:33:27,800 Speaker 1: nineteen seventeen, and in nineteen fifty Public Law six hundred 514 00:33:27,920 --> 00:33:32,080 Speaker 1: authorized the people of Puerto Rico to draft their own constitution, 515 00:33:32,360 --> 00:33:35,400 Speaker 1: so Puerto Rico today is considered to be self governing. 516 00:33:36,160 --> 00:33:39,520 Speaker 1: Hawaii became a state in nineteen fifty nine, a process 517 00:33:39,560 --> 00:33:42,600 Speaker 1: that took more than fifty years, due in part to 518 00:33:42,760 --> 00:33:47,680 Speaker 1: racist attitudes against the archipelago's native Hawaiian and Asian residents. 519 00:33:48,040 --> 00:33:52,720 Speaker 1: While voters in Hawaii overwhelmingly ratified at statehood, many Native 520 00:33:52,720 --> 00:33:57,800 Speaker 1: Hawaiians have pushed instead for Hawaiian independence and sovereignty. Residents 521 00:33:57,840 --> 00:34:01,320 Speaker 1: of Guam gained US citizenship under the Guam Organic Act 522 00:34:01,320 --> 00:34:04,840 Speaker 1: of nineteen fifty after having been essentially abandoned by the 523 00:34:05,000 --> 00:34:08,239 Speaker 1: United States and left to a horrific occupation by Japan 524 00:34:08,680 --> 00:34:14,080 Speaker 1: during World War Two. Today, American Samoans are considered US nationals, 525 00:34:14,160 --> 00:34:17,960 Speaker 1: but not US citizens. You could say this of all 526 00:34:17,960 --> 00:34:20,399 Speaker 1: of these places, but the United States has definitely been 527 00:34:21,880 --> 00:34:25,600 Speaker 1: most focused on them when it has been like the 528 00:34:25,640 --> 00:34:30,920 Speaker 1: most within US interests to do so so, Like there's 529 00:34:31,200 --> 00:34:34,799 Speaker 1: the most focused on the well being of Guam when 530 00:34:35,000 --> 00:34:37,640 Speaker 1: there's a like strategic military reason to do so for 531 00:34:37,680 --> 00:34:40,319 Speaker 1: some reason, and like this abandonment of Guam during World 532 00:34:40,360 --> 00:34:42,880 Speaker 1: War two is kind of the US to basically just 533 00:34:42,920 --> 00:34:47,560 Speaker 1: like cut his losses. We mentioned the Northern Mariana Islands 534 00:34:47,560 --> 00:34:49,840 Speaker 1: and the US Virgin Islands the top of the show. 535 00:34:49,880 --> 00:34:52,640 Speaker 1: They have not come up again because they were not 536 00:34:52,840 --> 00:34:56,440 Speaker 1: US territories when the first insular cases were decided. The 537 00:34:56,560 --> 00:35:01,000 Speaker 1: US purchased the US Virgin Islands from Denmark and nineteen seventeen. 538 00:35:01,560 --> 00:35:05,160 Speaker 1: The Northern Mariana Islands became a US territory in nineteen 539 00:35:05,160 --> 00:35:09,560 Speaker 1: seventy five, even though neither was a US territory when 540 00:35:09,719 --> 00:35:13,399 Speaker 1: the original Insular cases were being argued and decided, they're 541 00:35:13,400 --> 00:35:18,359 Speaker 1: both considered unincorporated territories following this same model that the 542 00:35:18,360 --> 00:35:22,719 Speaker 1: Insular case is established. The US Virgin Islands, American Samoa, 543 00:35:22,760 --> 00:35:25,680 Speaker 1: and Guam are all on the United Nations list of 544 00:35:25,840 --> 00:35:30,920 Speaker 1: non self governing territories. Broadly speaking, people living in these 545 00:35:31,000 --> 00:35:35,879 Speaker 1: territories are considered to be entitled to fundamental constitutional rights, 546 00:35:35,920 --> 00:35:39,680 Speaker 1: but not necessarily to others, and opinions can also differ 547 00:35:39,719 --> 00:35:44,040 Speaker 1: on which rights should be considered fundamental. The unincorporated territories 548 00:35:44,080 --> 00:35:47,839 Speaker 1: are not represented by the electoral College and presidential elections. 549 00:35:48,440 --> 00:35:51,439 Speaker 1: They are represented by one delegate each in the House 550 00:35:51,480 --> 00:35:55,879 Speaker 1: of Representatives, who can serve on committees and can introduce legislation, 551 00:35:56,280 --> 00:36:00,520 Speaker 1: but cannot vote. There are actually six total non voting 552 00:36:00,600 --> 00:36:04,400 Speaker 1: members of the House. The sixth one represents Washington d C. So, 553 00:36:04,880 --> 00:36:07,960 Speaker 1: as is the case with the unincorporated territories, residents of 554 00:36:08,200 --> 00:36:12,280 Speaker 1: Washington D. C don't have the same representation in Congress 555 00:36:12,320 --> 00:36:14,560 Speaker 1: as people who live in what the states do. A 556 00:36:14,640 --> 00:36:19,480 Speaker 1: key difference here, though, is that the Constitution itself outlines 557 00:36:19,520 --> 00:36:22,200 Speaker 1: the creation of a district to serve as the seat 558 00:36:22,680 --> 00:36:25,800 Speaker 1: of the government. Washington d c. Did not come about 559 00:36:25,840 --> 00:36:29,080 Speaker 1: because the Supreme Court kind of made up but justification 560 00:36:29,400 --> 00:36:33,720 Speaker 1: to do so. At this point, there's near unanimous agreement 561 00:36:33,800 --> 00:36:37,800 Speaker 1: among historians and constitutional law scholars that the insular cases 562 00:36:38,160 --> 00:36:42,320 Speaker 1: are rooted in racism and colonialism, but there's less agreement 563 00:36:42,400 --> 00:36:45,440 Speaker 1: about what the outcome would be if these cases were overturned, 564 00:36:45,560 --> 00:36:48,839 Speaker 1: and whether that outcome would ultimately be positive for people 565 00:36:48,880 --> 00:36:51,840 Speaker 1: who would be affected. And in more recent years, there 566 00:36:51,920 --> 00:36:54,439 Speaker 1: have been some attempts to use these decisions to try 567 00:36:54,480 --> 00:36:56,600 Speaker 1: to protect the rights of people who are living in 568 00:36:56,600 --> 00:36:59,719 Speaker 1: these territories. For example, in the US, it would be 569 00:36:59,719 --> 00:37:04,160 Speaker 1: consider that are unconstitutional to pass laws tying property ownership 570 00:37:04,239 --> 00:37:09,239 Speaker 1: to race. Theoretically, since the unincorporated territories don't have full 571 00:37:09,280 --> 00:37:13,760 Speaker 1: constitutional protection, it would be possible to pass laws giving 572 00:37:13,800 --> 00:37:17,759 Speaker 1: these islands indigenous people's preference in terms of land ownership 573 00:37:18,080 --> 00:37:21,120 Speaker 1: based on their race, which could help protect their connections 574 00:37:21,360 --> 00:37:24,760 Speaker 1: to their ancestral homelands and their traditional ways of life. 575 00:37:26,520 --> 00:37:29,560 Speaker 1: Having worked on this show for a decade, Tracy notes 576 00:37:29,600 --> 00:37:32,520 Speaker 1: that she's not really optimistic about this working out. I 577 00:37:32,560 --> 00:37:35,880 Speaker 1: would agree with that, And she also read a lot 578 00:37:35,920 --> 00:37:38,200 Speaker 1: of arguments that basically kind of summed this up to, 579 00:37:38,680 --> 00:37:40,520 Speaker 1: no matter what good end you try to put them to, 580 00:37:40,680 --> 00:37:44,439 Speaker 1: these decisions are still racist and should still be overturned. Yeah, 581 00:37:44,480 --> 00:37:46,439 Speaker 1: And to be very clear, the only reason I said 582 00:37:46,440 --> 00:37:50,200 Speaker 1: there is near unanimous agreement instead of just unanimous agreement 583 00:37:50,400 --> 00:37:52,840 Speaker 1: is because I know if we say unanimous, we're gonna 584 00:37:52,840 --> 00:37:55,360 Speaker 1: get an article somebody sends to us that's like, ah, 585 00:37:55,520 --> 00:37:58,920 Speaker 1: here's the one outlier who claims this was not about racism. 586 00:37:59,880 --> 00:38:03,640 Speaker 1: There have also been a number of Supreme Court cases 587 00:38:03,680 --> 00:38:07,240 Speaker 1: in more recent years that have continued to uphold elements 588 00:38:07,239 --> 00:38:10,359 Speaker 1: of the insular cases and to outline ways in which 589 00:38:10,400 --> 00:38:14,359 Speaker 1: people living in these territories can be treated differently from 590 00:38:14,400 --> 00:38:18,239 Speaker 1: people in the Fifty States or Washington, d C. In 591 00:38:18,520 --> 00:38:22,920 Speaker 1: accept the context of congressional representation, we're talking about Washington DC. So, 592 00:38:23,000 --> 00:38:26,880 Speaker 1: for example, the US versus Valeo Madero was decided in 593 00:38:26,920 --> 00:38:30,240 Speaker 1: twenty twenty two. Valeo Madero was a Puerto Rican living 594 00:38:30,360 --> 00:38:34,160 Speaker 1: in New York who had been receiving supplemental security income 595 00:38:34,239 --> 00:38:38,880 Speaker 1: payments that's what we colloquially called social security or disability payments. 596 00:38:39,640 --> 00:38:42,680 Speaker 1: He moved to Puerto Rico, making him no longer eligible 597 00:38:42,719 --> 00:38:46,000 Speaker 1: to receive these payments, and the government did not realize 598 00:38:46,080 --> 00:38:49,080 Speaker 1: he had moved and kept sending the payments. When they 599 00:38:49,120 --> 00:38:52,239 Speaker 1: realized what had happened, the government sued to try to 600 00:38:52,280 --> 00:38:56,640 Speaker 1: recoup that money. The argument in this case was that 601 00:38:56,840 --> 00:39:01,359 Speaker 1: excluding Puerto Ricans from the program violated the Constitution's Doe 602 00:39:01,400 --> 00:39:05,080 Speaker 1: process clause in the Fifth Amendment. In an eight to 603 00:39:05,160 --> 00:39:09,160 Speaker 1: one decision, the Supreme Court disagreed, ruling that the Constitution 604 00:39:09,360 --> 00:39:13,279 Speaker 1: did not require supplemental security income payments for people in 605 00:39:13,320 --> 00:39:18,280 Speaker 1: Puerto Rico. Justice Neil Gorsich wrote a scathing concurrence, agreeing 606 00:39:18,280 --> 00:39:22,600 Speaker 1: with the majority opinion but also arguing stridently against the 607 00:39:22,640 --> 00:39:26,680 Speaker 1: insular cases. He wrote, quote, flaws in the insular cases 608 00:39:26,680 --> 00:39:29,920 Speaker 1: are as fundamental as they are shameful. Nothing in the 609 00:39:29,960 --> 00:39:35,200 Speaker 1: Constitution speaks of incorporated and unincorporated territories. Nothing in it 610 00:39:35,239 --> 00:39:40,400 Speaker 1: extends to the latter only certain supposedly fundamental constitutional guarantees. 611 00:39:41,040 --> 00:39:44,320 Speaker 1: Nothing in it authorizes judges to engage in the sordid 612 00:39:44,320 --> 00:39:47,640 Speaker 1: business of segregating territories and the people who live in 613 00:39:47,680 --> 00:39:51,279 Speaker 1: them on the basis of race, ethnicity, or religion. The 614 00:39:51,320 --> 00:39:54,880 Speaker 1: insular cases can claim support in academic work of the period, 615 00:39:55,200 --> 00:39:59,400 Speaker 1: ugly racial stereotypes and the theories of social Darwinists, but 616 00:39:59,480 --> 00:40:03,280 Speaker 1: they have no home in our Constitution or its original understanding. 617 00:40:04,400 --> 00:40:07,640 Speaker 1: The case that the Supreme Court declined to hear last 618 00:40:07,760 --> 00:40:12,000 Speaker 1: year was Fitisimanu versus United States that was brought by 619 00:40:12,160 --> 00:40:17,120 Speaker 1: three American Samoans living in Utah. They argued that the 620 00:40:17,160 --> 00:40:22,040 Speaker 1: Fourteenth Amendment's birthright citizenship clause should apply to the people 621 00:40:22,040 --> 00:40:26,319 Speaker 1: of American Samoa. While American Samoans who moved to the 622 00:40:26,440 --> 00:40:31,040 Speaker 1: United States can apply for citizenship, they're not guaranteed citizenship. 623 00:40:31,200 --> 00:40:34,680 Speaker 1: They are also denied various rights like voting and running 624 00:40:34,719 --> 00:40:39,239 Speaker 1: for office until they become citizens if those applications are successful. 625 00:40:40,080 --> 00:40:41,880 Speaker 1: As we said at the top of the show, people 626 00:40:41,960 --> 00:40:46,200 Speaker 1: in American Samoa have varying opinions on these issues. In 627 00:40:46,239 --> 00:40:49,640 Speaker 1: this case, the government of American Samoa and Congresswoman al 628 00:40:49,719 --> 00:40:54,239 Speaker 1: Mua Amada, who represents American Samoa, submitted a brief opposing 629 00:40:54,239 --> 00:40:57,920 Speaker 1: this idea. It read, in part quote, the citizenship clause 630 00:40:57,960 --> 00:41:01,759 Speaker 1: does not require imposing birthright citizenship on the people of 631 00:41:01,800 --> 00:41:05,640 Speaker 1: American Samoa over the objection of their elected representatives and government, 632 00:41:05,800 --> 00:41:08,759 Speaker 1: and in violation of their basic right to self determination. 633 00:41:09,800 --> 00:41:12,680 Speaker 1: This brief stress the importance of FAA Samoa or the 634 00:41:12,719 --> 00:41:16,320 Speaker 1: Samoan culture and way of life, arguing that FAA Samoa 635 00:41:16,440 --> 00:41:19,960 Speaker 1: is fundamentally important to the Samoan people and that imposing 636 00:41:20,000 --> 00:41:24,880 Speaker 1: birthright citizenship on American Samoa would undermine it. The Samoan 637 00:41:24,920 --> 00:41:28,840 Speaker 1: Federation of America, which supports and advocates for Samoan Americans 638 00:41:28,840 --> 00:41:31,680 Speaker 1: living in the United States, was one of the organizations 639 00:41:31,680 --> 00:41:35,920 Speaker 1: that submitted a brief supporting the petitioners. Yeah, so, as 640 00:41:35,960 --> 00:41:38,799 Speaker 1: we said earlier, people are not a monolith. There are 641 00:41:38,880 --> 00:41:42,799 Speaker 1: varying opinions on this. There were more briefs submitted in 642 00:41:42,960 --> 00:41:48,919 Speaker 1: support of applying birthright citizenship to American Samoa, but also 643 00:41:49,040 --> 00:41:51,920 Speaker 1: a lot of people currently living in American Samoa who 644 00:41:51,960 --> 00:41:55,640 Speaker 1: were like, that's not what we want though. Uh, a 645 00:41:55,680 --> 00:42:00,600 Speaker 1: lot of these things are complicated and have not gotten 646 00:42:00,600 --> 00:42:03,919 Speaker 1: into it here. But like these distinctions and which rights 647 00:42:03,920 --> 00:42:07,319 Speaker 1: apply and which don't, Like a lot of them just 648 00:42:07,360 --> 00:42:11,560 Speaker 1: trickle down to all kinds of things about people's everyday lives. 649 00:42:13,080 --> 00:42:20,000 Speaker 1: A lot of these places have disproportionately higher participation in 650 00:42:20,080 --> 00:42:22,760 Speaker 1: military service, so there are a lot of military veterans, 651 00:42:22,880 --> 00:42:25,920 Speaker 1: but you know, military veterans and returning to these places 652 00:42:25,960 --> 00:42:30,360 Speaker 1: aren't able to do things like vote president afterward. And 653 00:42:30,440 --> 00:42:34,160 Speaker 1: in some cases the veterans services in their local areas 654 00:42:34,239 --> 00:42:37,279 Speaker 1: are a business. Not good. Yeah, I was reading. I 655 00:42:37,320 --> 00:42:41,880 Speaker 1: was reading one thing about people from Guam needing particular 656 00:42:42,000 --> 00:42:45,000 Speaker 1: veteran services and having to go to Hawaii to get them, 657 00:42:45,200 --> 00:42:53,560 Speaker 1: which is like four thousand miles away. Thanks so much 658 00:42:53,600 --> 00:42:56,360 Speaker 1: for joining us on this Saturday. If you'd like to 659 00:42:56,400 --> 00:42:59,600 Speaker 1: send us a note, our email addresses History Podcast at 660 00:42:59,640 --> 00:43:03,400 Speaker 1: iHeartRadio dot com, and you can subscribe to the show 661 00:43:03,440 --> 00:43:06,840 Speaker 1: on the iHeartRadio app, Apple Podcasts, or wherever you listen 662 00:43:06,880 --> 00:43:08,040 Speaker 1: to your favorite shows.