American Empire Social Darwinism and the Insular Cases Justin Roberts
Abstract At the height of the age of imperialism, the U.S. joined other global powers by acquiring colonial territories, starting with those gained in the wake of the Spanish-American War. In these newly gained lands, issues relating to their methods of governance and their place in the American constitutional system quickly arose, culminating in several Supreme Court battles. The resulting Insular Cases laid the groundwork for governance and individual rights in the US territories, remaining good law to this day. However, during the Gilded Age and Progressive Era in America—the period in which these cases were decided—Social Darwinist thought pervaded American society. These racist beliefs spread throughout the U.S., using evolutionary science to justify and defend socioeconomic inequalities. Thus, the Supreme Court justices, as products of their society, were heavily influenced by these ideas, guiding their rationale in the Insular Cases. The decisions from the early 20th century continue to create legal problems for those living in the territories to this day, resulting in many dire consequences relating to civil rights, criminal justice, and public health.
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