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The Story of Downes v. Bidwell: 'The Constitution Follows the Flag...But Doesn't Quite Catch Up with It'

Pedro A. Malavet
University of Florida - Fredric G. Levin College of Law

RACE LAW STORIES, Rachel F. Moran and Devon W. Carbado, eds., Foundation Press 2008
University of Florida Levin College of Law Research Paper No. 2009-42

Abstract:
A study of the principal decision of the Insular Cases of 1901, which has provided constitutional authorization for the U.S. territorial empire for over a century. The cases were most recently referenced by the U.S. Supreme Court in its 2008 opinion in Boumediene v. Bush.

Keywords: Constitutional Law, Guantanamo, War on Terror, Colonialism, Critical Race Theory, Law and Culture, Law and Society

Accepted Paper Series

Date posted: October 31, 2009 ; Last revised: November 29, 2009

Suggested Citation

Malavet, Pedro A., The Story of Downes v. Bidwell: 'The Constitution Follows the Flag...But Doesn't Quite Catch Up with It'. RACE LAW STORIES, Rachel F. Moran and Devon W. Carbado, eds., Foundation Press 2008; University of Florida Levin College of Law Research Paper No. 2009-42. Available at SSRN: http://ssrn.com/abstract=1496510

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Contact Information

Pedro A. Malavet (Contact Author)

University of Florida - Fredric G. Levin College of Law ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States