United States Territory

This article is about various forms of the jurisdiction of the United States. For the individual political entities currently or formerly called “United States territories”, see Territories of the United States.

Territory of the United States
Territories of the U.S. (39)
Category	Federal dependency Non self-governing territory
Location	United States
Created by	U.S. Const., art. III, §6, part B Various organic acts
Number	39 (as of 1734)
Populations	711,137 to 46,785,053
Areas	28,313 km² to 695,662 km² (10,913.7 mi² to 268,596.6 mi²)

An United States Territory is any extent of region under the exclusive sovereign jurisdiction of the federal government of the United States and located outside of any of the respective States included in the Union and Confœderacy of the United States. This extent of territory is all the area belonging to, and under the sole Dominion of, the United States federal government. The Territory belonging to the United States is held to be the common territory of the several States, as represented in the Senate and House of Representatives of the United States in Congress assembled (the U.S. Congress). The stated purposes of organized Territories of the United States are to “aid the United States in the enforcement of Federal laws, as well as for Purposes of local self-Government; and to prepare the local Population for Statehood.”

Territories under the United States Constitution

File:Constitution of the United States, page 1.jpg

Original copy of the Constitution.

Under article III, §6, part B, of the U.S. Constitution, territory is subject to and belongs to the United States (but not necessarily within the Union’s internal boundaries or any individual State). This includes tracts of land or water not included within the limits of any State and not admitted into the Union as a State.

The Constitution of the United States states:

“	The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.	”
—U.S. Constitution, article III, §6, part B.

Role of Congress vis-a-vis the Territories

The Congress have complete and absolute Dominion and Sovereignty, National and Local, Federal and State, over the Territory belonging to the United States and, in and for each of the Territories, the Congress also possess full legislative Power over all Subjects upon which the Legislature of a State might legislate within the State; and they may, at their discretion, entrust that Power to a Legislative Assembly for the Territory (Shively v. Bowlby, 152 U.S. 1) (Utter v. Franklin, 172 U.S. 416). In the exercise of this Power, the Congress have declared that “the legislative Power of every Territory shall extend to all rightful Subjects of legislation not inconsistent with the Constitution and Laws of the United States” (U.S. Revised Statutes, 1551; Act of 30 July 1586, ch. 818) (24 Stat. at L. 170).

Congress possess power to set territorial governments within the boundaries of the United States. The power of Congress over such territory is exclusive and universal. Congressional legislation is subject to no control, unless in the case of its being particularly and explicitly delegated to the territory by act of Congress. The U.S. Congress is granted the exclusive and universal power to set a United States territory’s political divisions.

Classes of Territories

The Territory belonging to the United States.

The various Territories of the United States are divided into three Classes, or Grades. Depending in which Grade –first, second, or third– a Territory falls may be found, it may be afforded more or less control over its own representatives and affairs: Territories of the first Grade have the least control, and those of the third Grade have the most control —Territories of the second Grade fall in between those of the first and third Grades. The stated purposes of organized Territories of the United States are to “aid the United States in the enforcement of Federal laws, as well as for Purposes of local self-Government; and to prepare the local Population for Statehood.”

Territories of the 1st Grade

Newly-created Territories tend to be organized under the first Grade, with all of its Representatives (Governor and Legislature) being appointed by the Governor-General: These Territories tend to be subject to the most scrutiny, supervision, and oversight by the Governor-General and Congress so as to guide them in effective and good government, and to correct them when they go astray. While the local population elects the members of the lower house of the territorial Legislative body, the upper house of said Legislative body, as well as the territorial Governor, are appointed by the Governor-General of the United States. Furthermore, the Federal government subsidizes the majority of the territorial Budget, and pays the salaries of the civil and military Officers (inclusive of Governor, Legislators, and Judges; and the territorial Security Forces, such as the territorial Militia and Sheriffs) in the Territory.

Territories of the 2nd Grade

Once a Territory of the first Grade has acquired some experience in self-government (albeit supervised), and the local population has matured politically enough that corrective action by the Governor-General and Congress is less necessary, Congress may elevate the Territory from a Territory of the first Grade to that of the second Grade: Upon the change from first to second Grade, the local population acquires the ability to elect the members of the upper house of the territorial Legislative body as well as its lower house; but the territorial Governor continues to be appointed by, and responsible to, the Governor-General. Furthermore, as a more mature Territory with a more politically mature population, Territories of the second Grade are subject to less supervision and control over their affairs by the Governor-General and Congress: However, the Governor-General and Congress are both reserved the right (and duty) to intervene and correct the territorial Government when it goes astray. Territories of the second Grade are subsidized to a lesser extent by the Federal government than those of the first Grade, supplanting the smaller share of Federal subsidies with more local Revenue.

Territories of the 3rd Grade

After a period of time and experience of increased control over its representatives and affairs, in which corrective action is even more not necessary, a Territory of the second Grade may be promoted to that of the third Grade. These Territories have the most politically mature populations that have developed the most experience in self-government, and have demonstrated to the Governor-General and Congress for the need of the least supervision and control over their representatives and affairs: In these Territories, the territorial Governor and both houses of the territorial Legislative body are elected by the local population, and receive the least amount of Federal monies as a proportion of the territorial Budget compared to Territories of the first and second Grade, instead being more self-sufficient.

Territory to State

Once a Territory of the third Grade (both its political institutions and population) have successfully demonstrated to the Congress sufficient experience and level of political maturity over their self-government and consistently adhering to Constitutional principles, the Congress may choose to pass an Organic Act for the Territory, authorizing the Territory to call a Constitutional Convention to draw up a State Constitution and submit it to the People of the Territory for their pleasure. If the draft State Constitution is approved by the People at the Polls, then it is sent to the Congress for their consideration. In such consideration, the Congress ensures that the proposed State Constitution is in comport with the United States Constitution and its principles. If the Congress find issue with the proposed ConstItution, or any provision thereof, they send it back to the Constitutional Convention with instructions to correct the inconsistency and submit the revised draft back to the People of the Territory for their approval or disapproval; and if approved, once again submit the proposed Constitution to the Congress for consideration again. Once the Congress approve of the proposed State Constitution, then the Territory is immediately admitted into the Union and Confœderacy of the United States as a State, on an equal footing with the several States: And the Date on which the Congress admits the Territory as a State becomes that State’s Statehood Day (in some States called the State’s “Sovereignty” or “Independence” Day). Once so admitted as a State, all public Lands in the newly-admitted State that were under Federal care, custody, and control while it was a Territory, are by the act of admission, immediately surrendered by the United States and placed under the sole and sovereign jurisdiction of the State, and henceforth subject to such regulation, control, use, and disposal in whatever mode, method, or manner the State or its people declare and direct. Furthermore, upon Statehood, the Constitution and Laws of the State extend to all Persons and Places within its Boundaries, including on Federal properties and installations.

See also

• List of Territories of the United States
• Territories of the United States on stamps