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- Title
The Undying Dead: Why a Century after Balzac v. Porto Rico the Insular Cases Are as Important as Ever.
- Authors
SPARROW, BARTHOLOMEW
- Abstract
The centennial of Balzac v. Porto Rico (1922) is no cause for celebration. The U.S. government's political apartheid with respect to the people and government of Puerto Rico persists. This article reviews the Insular Cases. It explains the significance of Balzac v. Puerto Rico. And it discusses the U.S. Supreme Court's decision in Commonwealth of Puerto Rico v. Sanchez Valle et al. (2016). In Sanchez Valle the Court upheld the Insular Cases and reinforced the incorporation doctrine, even though Justice Kagan's opinion never cited the Insular Cases. This article explains why the Sanchez Valle ruling marks a radical departure from previous Court decisions and strengthens the incorporation doctrine, despite the fact that the Court opinion neglected relevant Supreme Court precedents, and ignored longstanding governmental and judicial practices.
- Subjects
INCORPORATION doctrine; UNITED States. Constitution. 14th Amendment; DOUBLE jeopardy; CRIMINAL procedure; DUE process of law
- Publication
Centro Journal, 2022, Vol 34, Issue 1, p189
- ISSN
1538-6279
- Publication type
Article