By Dasmine Maynard
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​When one thinks of the United States of America, the territories it maintains are often overlooked and omitted from the conversation. Despite being home to millions of American citizens, these unincorporated territories linger in the shadows, receiving partial privileges and limited representation — which raises a pivotal question: Why are persons born within U.S. territories treated as second-class citizens? 
 
American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands make up the five primary territories of the United States [1]. From the Caribbean Sea to the Pacific Ocean, these five territories are dispersed throughout opposing sides of the world, each possessing its own distinct culture, political governance, and historical background. Yet, they remain bound together by their complex relationship with the U.S. and their ongoing debates surrounding the inalienable privileges of citizenship and representation.
 
According to the U.S. Department of the Interior’s Office of Insular Affairs, a territory is defined as an unincorporated jurisdiction that is neither one of the states nor a federal district [2]. Given this political status, these islands are subjected to narrow political representation, partial disenfranchisement, and second-class citizenship – with the inability to vote for U.S. presidential candidates being the most highly contested and debated political limitation.
 
As stated in the United States 15th Amendment and further solidified by the Voting Rights Act of 1965, “the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude” [3]. This amendment evidently guarantees voting rights for legal citizens of the United States; which is the status held by citizens of U.S. territories (excluding American Samoa). This citizenship was guaranteed to individuals born within U.S. territories by virtue of the Citizenship Clause within the 14th Amendment, which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States” [4].
 
However, despite this guaranteed citizenship, individuals born within these territories are subject to partial or second-hand rights and are not afforded all the same privileges as persons born within the states. This also raises consequential concerns regarding race and ethnicity in America because the residents of these territories are 98% minorities [5]. This includes people of African, Latin, Asian, and Pacific Islander descent who are disproportionately disenfranchised – highlighting the ongoing challenges for racial equity, inclusion, and representation within American society.
 
Thus, the question remains: Why are individuals born within U.S. territories considered U.S. citizens but are continuously disenfranchised in the vote for U.S. President? The answer lies within the complexities of the American Electoral College system.
 
The Electoral College is the process for selecting the President and Vice President of the United States, in which a group of electors, representing each state and the District of Columbia, cast their votes based on the voting results from their respective states (including the District of Columbia). Within the Electoral College, there are 538 electors — one for every state's (including the District of Columbia) allotted number of congressional members from both the House of Representatives and the Senate [6].
 
However, given that U.S. territories are not allowed unabated congressional representation, they are not given electoral votes in the Electoral College. Thus, they are completely excluded from the process of selecting the nation’s president.
 
Instead, U.S. territories were seemingly given a consolation prize and were granted one non-voting member in the House of Representatives. These territorial representatives (also known as delegates or resident commissioners, as relates to Puerto Rico), are elected by the people of their respective territories and currently enjoy privileges and responsibilities similar (but not equal) to other congressional members hailing from the fifty states. For instance, territorial representatives can introduce bills and resolutions, as well as offer amendments on the House floor. Additionally, they can serve, vote in, and preside over their committees of choice [7]. As territorial representatives, these elected individuals serve as the voice of their people, advocating for their interests whilst urging the U.S. government to support major governmental and societal matters including but not limited to — public health, education, public infrastructure, economic development, law and order, national security, environmental protection, social services, and emergency response.
 
In 2017, the United State’s duty to provide effective emergency response was particularly problematic during the aftermath of Hurricanes Irma and Maria. In 2017, these hurricanes struck the U.S. Virgin Islands and Puerto Rico causing insurmountable disaster. From destroyed roofs to collapsed buildings, Irma and Maria left the citizens of these islands in desperate need of U.S. federal assistance – which is primarily provided by the Federal Emergency Management Agency (FEMA). However, the resources and support offered by FEMA are disproportionately distributed by the federal government in favour of federal states, notwithstanding the fact that U.S. territories also pay federal taxes [8].
 
Studies illustrated that survivors of Hurricanes Harvey and Irma within Florida and Texas received approximately $100 million in FEMA assistance 9 days post-disaster; while survivors of Maria in Puerto Rico received less than $10 million [9]. This is merely one of the countless examples that depict the inequities endured within U.S. territories. Additionally, they also receive diminished funding for federal programs such as Medicaid/Medicare, Earned Income Tax Credit (EITC), Supplemental Nutrition Assistance Program (SNAP), and many others. These disparities greatly affect the lives of territorial residents, exacerbating the pre-existing inequalities they already experience as minority citizens [1].
 
In 2016, the Governor of Guam wrote to the Department of Treasury on behalf of the citizens of Guam and all other U.S. territories requesting that they all be treated equitably in regards to federal programs and mandates [10]. This plea illustrates the startling reality of the second-class citizenship experienced by U.S. citizens — extending beyond the scope of voting rights and representation, to every facet of their daily lives.
 
Ultimately, the status of these five permanently inhabited U.S. territories—American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands—highlight the ongoing struggle for equal representation and citizenship rights in America. Although they boast a population of over 3.5 million U.S. citizens, these territories continue to face limitations in their political influence and congressional representation [1].
 
Furthermore, the exclusion of these territories from the Electoral College process perpetuates the fundamental issue of disenfranchisement, leaving them disproportionately underserved compared to residents of U.S. states. Despite their U.S. citizenship, these territorial residents receive reduced federal support and assistance, compounding the challenges they face as second-class minority citizens.
 
As the United States continues to grapple with questions of equality, representation, and the very meaning of citizenship, it is crucial to address the longstanding disparities faced by the residents of its territories – especially considering that the majority are of African, Latin, Asian, and Pacific Islander racial and ethnic heritages. Thus, the path forward must involve a comprehensive examination of the historical, legal, and political factors that have shaped the current situation, as well as a commitment to ensuring that all U.S. citizens, regardless of their place of birth or residence, are granted the full rights and privileges afforded by the Constitution of the United States.
 
[1] U.S. Virgin Islands Advisory Committee to the U.S. Commission on Civil Rights. (2023). The Status of Civil Rights in the U.S. Virgin Islands https://www.usccr.gov/files/2024-02/usvi-information-brief.pdf
[2] Roger Williams University School of Law. (2020, March 20). What is a US Territory? | RWU Law. Law.rwu.edu. https://law.rwu.edu/library/blog/what-us-territory
[3] National Archives. (2021b, September 7). 15th Amendment to the U.S. Constitution: Voting Rights (1870). National Archives. https://www.archives.gov/milestone-documents/15th-amendment
[4] National Archives. (2021, September 7). 14th Amendment to the U.S. Constitution: Civil Rights (1868). National Archives. https://www.archives.gov/milestone-documents/14th-amendment
[5] Voting Rights in U.S. Territories Advisory Memorandum Connecticut Advisory Committee U.S. Commission on Civil Rights. (2021). https://www.usccr.gov/files/2021-11/voting-rights-in-the-territories-advisory-memo-ct-sac.pdf
[6] What is the Electoral College? (2019, August 27). National Archives. https://www.archives.gov/electoral-college/about#:~:text=The%20Electoral%20College%20consists%20of
[7] Congressional Research Service. (2022). Delegates to the U.S. Congress: History and Current Status. https://sgp.fas.org/crs/misc/R40555.pdf
[8] D.C., Puerto Rico, and the U.S. Territories. (2021, November 24). Rock the Vote. https://www.rockthevote.org/explainers/washington-d-c-puerto-rico-and-the-u-s-territories/
[9] Willison, C. E., Singer, P. M., Creary, M. S., & Greer, S. L. (2019). Quantifying inequities in US federal response to hurricane disaster in Texas and Florida compared with Puerto Rico. BMJ Global Health, 4(1), e001191. https://doi.org/10.1136/bmjgh-2018-001191
[10] News: Ensuring equity in federal programs, mandates; Governor asks feds to end disparity in Medicaid, Medicare and EITC - Governor of Guam. (2016, March 24). Office of the Governor. https://governor.guam.gov/press_release/news-ensuring-equity-federal-programs-mandates-governor-asks-feds-disparity-medicaid-medicare-eitc/

By Catherine Tang

Catherine Tang is a freshman at the University of Pennsylvania majoring in Health and Societies with a concentration in Health Policy & Law. 

In December 2023, JoAnne Barrows and Susan Hagwood filed a class action lawsuit in Kentucky against Humana. The plaintiffs alleged that the health insurer had used an AI model called nHPredict to wrongfully deny medically necessary Medicare Advantage claims to elderly and disabled patients despite knowing that approximately 90% of the tools’ denials on coverage were faulty [1]. This marks one of the first formal lawsuits brought against the use of artificial intelligence (AI) specifically in the healthcare industry, yet the groundwork for AI medical applications had been laid as early as the 1950s [2]. However, nearly eight decades later, the United States still lacks a well-defined regulatory structure for AI use in medicine. 

By Tyler Ringhofer

Tyler is a freshman in the College from Orange County, CA studying Politics, Philosophy, and Economics. Tyler's interests include the relationship between business, law, and sports.
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"The future is cryptocurrency”— or is it? In November 2022, one of the biggest cryptocurrency exchange firms in the world, FTX Trading Ltd., went bankrupt. FTX is a cryptocurrency trading company that buys and sells crypto derivatives. This scandal, which became notorious in the digital currency world, increased public distrust in the cryptocurrency industry as a whole.[1] Thus, the ramifications of this event elicit several legal implications on the part of FTX’s CEO Sam Bankman-Fried including indictments on fraud and related crimes.
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Aaron Tsui is a sophomore studying computer engineering in the School of Engineering and Applied Science interested in technology law and intellectual property.

​As the group of multinational tech companies, collectively known as “big tech,” continue to dominate the technology industry and landscape, the judicial system has seen proportionate surges in antitrust cases. Big tech companies such as Apple, Google, Facebook/Meta, and Amazon have all faced the scrutiny of the Federal Trade Commission (FTC) in regards to unfair competition or antitrust, with many of these cases still ongoing.
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Image Source: https://libreshot.com/cctv-camera-on-modern-building/