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

37 Pages Posted: 31 Oct 2009 Last revised: 25 Jun 2014

See all articles by Pedro A. Malavet

Pedro A. Malavet

University of Florida - Levin College of Law

Date Written: 2008

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

Suggested Citation

Malavet, Pedro A., The Story of Downes v. Bidwell: 'The Constitution Follows the Flag...But Doesn't Quite Catch Up with It' (2008). 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: https://ssrn.com/abstract=1496510

Pedro A. Malavet (Contact Author)

University of Florida - Levin College of Law ( email )

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

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