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- Title
Balzac v. Porto Rico: Dead Letter after Ramos v. Louisiana?
- Authors
MORALES, JOEL A. COSME
- Abstract
Balzac v. Porto Rico meant a before and after in the doctrine of territorial incorporation created by the Supreme Court of the United States. Their racially prejudiced legal reasoning determined that the Sixth Amendment protection does not apply to unincorporated territories. The Supreme Court concludes, ignoring its own precedents, that an affirmative expression on the part of the U.S. Congress is necessary to incorporate the territories. This essay questions both conclusions using a historical analysis of the jurisprudential development of the right to trial by jury and of Puerto Rico's relations with the United States over time. In light of that evaluation, similar to the one used in Ramos v. Louisiana, which revoked a legal doctrine because of its racist origins, it is proposed that Balzac became a dead letter.
- Subjects
TERRITORIAL expansion of the United States; UNITED States. Supreme Court; RACISM; RIGHT to trial by jury; JURY trials
- Publication
Centro Journal, 2022, Vol 34, Issue 1, p157
- ISSN
1538-6279
- Publication type
Article