unincorporated territories

Territories of the United States are sub-national administrative divisions overseen by the federal government of the United States. The various American territories differ from the U.S. states and tribal reservations as they are not sovereign entities. In contrast, each state has a sovereignty separate from that of the federal government and each federally recognized Native American tribe possesses limited tribal sovereignty as a "dependent sovereign nation". Territories are classified by incorporation and whether they have an "organized" government through an organic act passed by the Congress. American territories are under American sovereignty and, consequently, may be treated as part of the United States ''proper'' in some ways and not others (i.e., territories belong to, but are not considered to be a part of, the United States). Unincorporated territories in particular are not considered to be integral parts of the United States, and the Constitution of the United States applies only partially in those territories. Harvard Law Review—U.S. Territories: Introduction. April 10, 2017. Retrieved July 2019.

The United States currently administers three territories in the Caribbean Sea and eleven in the Pacific Ocean. Five territories (American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands) are permanently inhabited, unincorporated territories; the other nine are small islands, atolls, and reefs with no native (or permanent) population. Of the nine, only one is classified as an incorporated territory (Palmyra Atoll). Two additional territories (Bajo Nuevo Bank and Serranilla Bank) are claimed by the United States but administered by Colombia. Historically, territories were created to administer newly acquired land, and most eventually attained statehood. Others, such as the Philippines, the Federated States of Micronesia, the Marshall Islands, and Palau, later became independent.

Many organized, incorporated territories existed from 1789 to 1959. The first were the Northwest and Southwest territories and the last were the Alaska and Hawaii territories. Thirty-one territories (or parts of territories) became states. In the process, some less-populous areas of a territory were orphaned from it after a statehood referendum. When a portion of the Missouri Territory became the state of Missouri, the remainder of the territory (the present-day states of Iowa, Nebraska, North Dakota and South Dakota; most of Kansas, Wyoming, and Montana; and parts of Colorado and Minnesota) became an unorganized territory.

Politically and economically, the territories are underdeveloped. Residents of United States territories cannot vote in United States Presidential elections, and they have only non-voting representation in the United States Congress. According to 2012 data, territorial telecommunications and other infrastructure are generally inferior to that of the continental United States and Hawaii. Poverty rates are higher in the territories than in the states.

Organized vs. unorganized territories

Definition

Organized territories are lands under federal sovereignty (but not part of any state) which were given a measure of self-governance by Congress through an organic act subject to the Congress's plenary powers under the territorial clause of the Constitution's Article Four, section 3.

Former

The term ''unorganized'' was historically applied either to a newly acquired region not yet constituted as an organized incorporated territory (e.g. the Louisiana Purchase prior to the establishment of Orleans Territory and the District of Louisiana), or to a region previously part of an organized incorporated territory left "unorganized" after part of it had been organized and achieved the requirements for statehood (e.g. a large portion of Missouri Territory became unorganized territory for several years after its southeastern section became the state of Missouri).

Regions that have been admitted as states by the United States Constitution in addition to the original thirteen were (most often), prior to admission, territories or parts of territories of this kind. As the United States grew, the most populous parts of the organized territory would achieve statehood. Some territories existed only a short time before becoming states, while others remained territories for decades. The shortest-lived was Alabama Territory at two years, while New Mexico Territory and Hawaii Territory both lasted more than 50 years.

Of the current 50 states, 31 were at one time or another part of an organized, incorporated U.S. territory. In addition to the original 13, six subsequent states never were: Kentucky, Maine, and West Virginia were each set off from an already existing state; Texas and Vermont were both sovereign states (only ''de facto'' sovereignty in Vermont's case, as the region was claimed by New York) at the time when they entered the Union; and California was set off from unorganized land ceded to the United States by Mexico in 1848 at the end of the Mexican–American War.

Current status

All of the five major U.S. territories are permanently inhabited and have locally elected territorial legislatures and executives and some degree of political autonomy. Four of the five are "organized", but American Samoa is technically "unorganized". All of the U.S. territories without permanent non-military populations are unorganized.

Federal administration

The Office of Insular Affairs coordinates federal administration of the U.S. territories and freely associated states, except for Puerto Rico.

On March 3, 1849, the last day of the 30th Congress, a bill was passed to create the U.S. Department of the Interior to take charge of the internal affairs of ''United States territory''. The Interior Department has a wide range of responsibilities (which include the regulation of territorial governments, the basic responsibilities for public lands, and other various duties).

In contrast to similarly named Departments in other countries, the United States Department of the Interior is not responsible for local government or for civil administration except in the cases of Indian reservations, through the Bureau of Indian Affairs (BIA), and island dependencies administered by the Office of Insular Affairs.

Permanently inhabited territories

The U.S. has five permanently inhabited territories: Puerto Rico and the U.S. Virgin Islands in the Caribbean Sea, Guam and the Northern Mariana Islands in the North Pacific Ocean, and American Samoa in the South Pacific Ocean. American Samoa is in the Southern Hemisphere, while the other four are in the Northern Hemisphere. In 2020, their combined population was about 3.62 million, over 90% of which is accounted for by Puerto Rico alone.

People born in Puerto Rico, the U.S. Virgin Islands, Guam and the Northern Mariana Islands acquire U.S. citizenship by birth, and foreign nationals residing there may apply for U.S. citizenship by naturalization. People born in American Samoa acquire U.S. nationality but not U.S. citizenship by birth if they do not have a U.S. citizen parent. U.S. nationals without U.S. citizenship may hold U.S. passports and reside in any part of the United States without restriction. However, to become U.S. citizens they must apply for naturalization, like foreigners, and may only do so while residing in parts of the United States other than American Samoa. Foreign nationals residing in American Samoa cannot apply for U.S. citizenship or U.S. nationality at all.

Each territory is self-governing with three branches of government, including a locally elected governor and a territorial legislature. Each territory elects a non-voting member (a non-voting resident commissioner in the case of Puerto Rico) to the U.S. House of Representatives. Although they cannot vote on the passage of legislation, they can be members of and vote in committees, are assigned offices and staff funding, and may nominate constituents from their territories to the Army, Naval, Air Force and Merchant Marine academies.

As of the 117th Congress (January 3, 2021January 3, 2023) the territories are represented by Aumua Amata Radewagen (R) of American Samoa, Michael San Nicholas (D) of Guam, Gregorio Sablan (D) of Northern Mariana Islands, Jenniffer González-Colón (R-PNP) of Puerto Rico and Stacey Plaskett (D) of U.S. Virgin Islands. The District of Columbia's delegate is Eleanor Holmes Norton (D); like the district, the territories have no vote in Congress and no representation in the Senate. Additionally, the Cherokee Nation has delegate-elect Kimberly Teehee, who has not been seated by Congress.

Every four years, U.S. political parties nominate presidential candidates at conventions which include delegates from the territories. U.S. citizens living in the territories can vote for presidential candidates in these primary elections but not in the general election.

The territorial capitals are Pago Pago (American Samoa), Hagåtña (Guam), Saipan (Northern Mariana Islands), San Juan (Puerto Rico) and Charlotte Amalie (U.S. Virgin Islands). Their governors are Lemanu Peleti Mauga (American Samoa), Lou Leon Guerrero (Guam), Ralph Torres (Northern Mariana Islands), Pedro Pierluisi (Puerto Rico) and Albert Bryan ( U.S. Virgin Islands).

Among the inhabited territories, Supplemental Security Income (SSI) is available only in the Northern Mariana Islands; however in 2019 a U.S. judge ruled that the federal government's denial of SSI benefits to residents of Puerto Rico is unconstitutional. This ruling was later overturned by the U.S. Supreme Court, allowing for the exclusion of territories from such programs. In the decision, the court explained that the exemption of island residents from most federal income taxes provides a "rational basis" for their exclusion from eligibility for SSI payments.

American Samoa is the only U.S. territory with its own immigration system (a system separate from the United States immigration system). American Samoa also has a communal land system in which ninety percent of the land is communally owned; ownership is based on Samoan ancestry.

History

* American Samoa: territory since 1900; after the end of the Second Samoan Civil War, the Samoan Islands were divided into two regions. The U.S. took control of the eastern half of the islands. In 1900, the Treaty of Cession of Tutuila took effect. The Manuʻa islands became part of American Samoa in 1904, and Swains Island became part of American Samoa in 1925. Congress ratified American Samoa's treaties in 1929. For 51 years, the U.S. Navy controlled the territory. American Samoa is locally self-governing under a constitution last revised in 1967. The first elected governor of American Samoa was in 1977, and the first non-voting member of Congress was in 1981. People born in American Samoa are U.S. nationals, but not U.S. citizens. American Samoa is technically unorganized, and its main island is Tutuila.
* Guam: territory since 1899, acquired at the end of the Spanish–American War. Guam is the home of Naval Base Guam and Andersen Air Force Base. It was organized under the Guam Organic Act of 1950, which granted U.S. citizenship to Guamanians and gave Guam a local government. In 1968, the act was amended to permit the election of a governor.
* Northern Mariana Islands: A commonwealth since 1986, the Northern Mariana Islands together with Guam were part of the Spanish Empire until 1899 when the Northern Marianas were sold to the German Empire after the Spanish–American War. Beginning in 1919, they were administered by Japan as a League of Nations mandate until the islands were captured by the United States in the Battle of Saipan and Battle of Tinian (June–August 1944) and the surrender of Aguigan (September 1945) during World War II. They became part of the United Nations Trust Territory of the Pacific Islands (TTPI) in 1947, administered by the United States as U.N. trustee. The other constituents of the TTPI were Palau, the Federated States of Micronesia and the Marshall Islands. Following failed efforts in the 1950s and 1960s to reunify Guam and the Northern Marianas, a covenant to establish the Northern Mariana Islands as a commonwealth in political union with the United States was negotiated by representatives of both political bodies; it was approved by Northern Mariana Islands voters in 1975, and came into force on March 24, 1976. In accordance with the covenant, the Northern Mariana Islands constitution partially took effect on January 9, 1978, and became fully effective on November 4, 1986. In 1986, the Northern Mariana Islands formally left U.N. trusteeship. The abbreviations "CNMI" and "NMI" are both used in the commonwealth. Most residents in the Northern Mariana Islands live on Saipan, the main island.
* Puerto Rico: unincorporated territory since 1899; Puerto Rico was acquired at the end of the Spanish–American War, and has been a U.S. commonwealth since 1952. Since 1917, Puerto Ricans have been granted U.S. citizenship. Puerto Rico was organized under the Puerto Rico Federal Relations Act of 1950

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