Also known as: insular possessions · insular area · unincorporated territory
Written by attorneys · grounded in primary & secondary sources — see below
A geographic area subject to United States sovereignty that is not a state of the Union.
India Inoue offers a notarized deed bearing an official seal from Guam in a contract dispute. The opposing party objects that the seal lacks separate authentication. The court admits the document without further proof because the seal qualifies under the rule for documents from insular possessions.
Igor Ito is tried for murder in the Philippines and convicted of a lesser offense. After an appeal raises the charge to murder, Ito argues that the second trial violates double jeopardy. The court must decide whether constitutional protections extend fully to the insular possession.
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Ingrid Innes, an enemy alien convicted by a military commission in occupied Germany, seeks habeas relief in a United States court. The government contends that the writ does not reach beyond the territorial limits of the United States. The court examines whether the insular possessions precedent controls access to federal courts.
Ira Irving, a Mexican resident, challenges the warrantless search of his home by United States agents. He claims the Fourth Amendment applies because the United States exercises control over the area. The court determines whether constitutional limits reach activity outside the states and insular possessions.
Irene Ingalls, the civilian wife of a service member stationed in an insular possession, faces a court martial for murder. She argues that the Constitution guarantees a civilian trial. The court considers whether the Bill of Rights applies in full force within the insular possession.
Isla Ireland, a resident of an insular possession, sues a federal agency for denying her a job based on alienage. The agency claims that local hiring rules in the possession justify the exclusion. The court evaluates whether equal protection principles constrain federal action in the insular possession.
The rule lists seals from any state, district, commonwealth, territory, or insular possession of the United States as self-authenticating. Puerto Rico and the Virgin Islands fall within this category along with other non-state areas under United States jurisdiction.
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Yes. Multiple uniform acts define state to include any territory or insular possession subject to United States jurisdiction. This language appears in the UCC, the Uniform Interstate Family Support Act, and the Uniform Probate Code.
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Courts have held that not every constitutional provision applies with full force in insular possessions. The Insular Cases established that certain rights, such as jury trial, may be limited where local customs would be disrupted.
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…§ 349, repealed by Act of June 25, 1948, c. 646, § 39, 62 Stat. 992, 1000. By reason of our sovereignty at that time over these insular possessions, Yamashita stood much as did Quirin before American courts. Yamashita’s offenses were committed on our territory, he was tried within the jurisdiction of our insular courts and he was…