Page 19 - Suffolk University Law Review
P. 19
SUFFOLKUNIVERSITYLA W REVIEW [Vol. L:587
that "what is necessary is to develop Constitutional restraint on the Congress by
imposing the equivalent of the 'equal footing' doctrine. Congressional actions
designed to exploit economically the U.S. citizens in the territories for the
protection of Stateside residents should not be given Constitutional support.?""
Leibowitz further cautions that "Congress must be required to use its power
solely to increase the political and economic participation by the territory."142
Sanchez Valle represents a democratization of U.S. relationships with
nonincorporated areas, but only to a point. There is still much to be done.
More autonomy and participation in federal powers must be granted to local
govemments in política} and economic matters, and the U.S. Supreme Court
must ensure that the flexibility it grants through nonincorporation is used to
promote the rights and wellbeing of citizens in nonincorporated areas, rather
than abusive discrimination. This may be brought about through the rigorous
application of the strict scrutiny and strict constrúction doctrines, as well as
other measures to protect human rights.
This approach would fulfill the obligations of the United States under Article
73 ofthe United Nations Charter:
Members of the United Nations which have or assume responsibilities for the
administration of territories whose peoples have not yet attained a full measure
of self-government recognize the principle that the interests of the inhabitants
of these territories are paramount, and accept as a sacred trust the obligation to
promote to the utmost, within the system of intemational peace and security
establisbed by the present Charter, the well-being of tbe inhabitants of these
territories, and, to this end:
a. to ensure, with due respect for the culture of the peoples concerned, their
political, economic, social, and educational advancement, their just treatment,
and their protection against abuses;
b. to develop self-government, to take due account of the political aspirations
of the peoples, and to assist them in the progressive development of their free
political institutions, according to the particular circumstances of each territory
and its peoples and their varying stages of advancement.143
Sanchez Valle reaffirmed the case law, starting with Calero-Toledo, that
upheld or encouraged democratic underpinnings in the relationship between the
United States and the areas within its sovereignty, and rejected the autocratic
implications of the Insular Cases.144 In Sanchez Valle, the Court ignored the
socioeconomic rights).
141. /d.at42.
142. Id.
143. U.N. Charter art. 73.
144. See Puerto Rico v. Sanchez Valle, 136 S. Ct. 1863, 1876 (2016) (recognizing "democratic self-
governance" established by Puerto Rico's constitution).
that "what is necessary is to develop Constitutional restraint on the Congress by
imposing the equivalent of the 'equal footing' doctrine. Congressional actions
designed to exploit economically the U.S. citizens in the territories for the
protection of Stateside residents should not be given Constitutional support.?""
Leibowitz further cautions that "Congress must be required to use its power
solely to increase the political and economic participation by the territory."142
Sanchez Valle represents a democratization of U.S. relationships with
nonincorporated areas, but only to a point. There is still much to be done.
More autonomy and participation in federal powers must be granted to local
govemments in política} and economic matters, and the U.S. Supreme Court
must ensure that the flexibility it grants through nonincorporation is used to
promote the rights and wellbeing of citizens in nonincorporated areas, rather
than abusive discrimination. This may be brought about through the rigorous
application of the strict scrutiny and strict constrúction doctrines, as well as
other measures to protect human rights.
This approach would fulfill the obligations of the United States under Article
73 ofthe United Nations Charter:
Members of the United Nations which have or assume responsibilities for the
administration of territories whose peoples have not yet attained a full measure
of self-government recognize the principle that the interests of the inhabitants
of these territories are paramount, and accept as a sacred trust the obligation to
promote to the utmost, within the system of intemational peace and security
establisbed by the present Charter, the well-being of tbe inhabitants of these
territories, and, to this end:
a. to ensure, with due respect for the culture of the peoples concerned, their
political, economic, social, and educational advancement, their just treatment,
and their protection against abuses;
b. to develop self-government, to take due account of the political aspirations
of the peoples, and to assist them in the progressive development of their free
political institutions, according to the particular circumstances of each territory
and its peoples and their varying stages of advancement.143
Sanchez Valle reaffirmed the case law, starting with Calero-Toledo, that
upheld or encouraged democratic underpinnings in the relationship between the
United States and the areas within its sovereignty, and rejected the autocratic
implications of the Insular Cases.144 In Sanchez Valle, the Court ignored the
socioeconomic rights).
141. /d.at42.
142. Id.
143. U.N. Charter art. 73.
144. See Puerto Rico v. Sanchez Valle, 136 S. Ct. 1863, 1876 (2016) (recognizing "democratic self-
governance" established by Puerto Rico's constitution).
