Downes v. Bidwell

Downes v. Bidwell
Supreme Court of the United States
Argued January 8–11, 1901 Decided May 27, 1901
Full case name	Samuel Downes v. George R. Bidwell
Citations	182 U.S. 244 (more) 21 S. Ct. 770; 45 L. Ed. 1088
Holding
The Constitution does not necessarily apply to territories. Instead, Congress has jurisdiction to create law within territories in certain circumstances, particularly those dealing with revenue, which would not be allowed by the Constitution for states within the union.
Court membership
Chief Justice Melville Fuller Associate Justices John M. Harlan · Horace Gray David J. Brewer · Henry B. Brown George Shiras Jr. · Edward D. White Rufus W. Peckham · Joseph McKenna
Case opinions
Plurality	Brown
Concurrence	White, joined by Shiras, McKenna
Concurrence	Gray
Dissent	Fuller, joined by Harlan, Brewer, Peckham
Dissent	Harlan

Downes v. Bidwell, 182 U.S. 244 (1901), was a case in which the US Supreme Court decided whether US territories were subject to the provisions and protections of the US Constitution. The issue is sometimes stated as whether the Constitution follows the flag. The decision narrowly held that the Constitution does not necessarily apply to territories. Instead, the US Congress has jurisdiction to create law within territories in certain circumstances, particularly those dealing with revenue, which would not be allowed by the Constitution for US states. It has become known as one of the "Insular Cases".