My Jotwell Review of Michael Ramsey's "The Originalist Case Against the Insular Cases"

My Jotwell Review of Michael Ramsey's "The Originalist Case Against the Insular Cases"

The article makes a compelling argument that has broader implications.

Originalism and the Insular Cases - Constitutional Law

Michael Ramsey, The Originalist Case Against the Insular Cases, 77 Fla. L. Rev. 517 (2025). Ilya Somin In the Insular Cases of the early twentieth century, the Supreme Court ruled that much of the Constitution does not apply to America’s “unincorporated” overseas territories, such as Puerto Rico and other territories acquired as a result of the Spanish-American War of 1898. Thus, the federal government could rule the people there without being …