· 8/3/2023
Wheatland Tube v. United States
Citations
- 2023 CIT 112
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “the United States may have territory ... which is not incorporated into the United States as a body politic,” and describing the Philippines as a “ceded territory ... not made a part of the United States”
- fundamental constitutional guarantees in favor of individual rights in the Philippines cannot be transcended by Congress
- the right to jury trial was not extended by the Federal Constitution, without legislation, and of its own force, to the Philippines, because they were not incorporated by congressional action
- right to jury trial did not extend to Philippine Territory where civilized areas were accustomed to non-jury trials under Spanish rule, and “uncivilized” areas inhabited by “savage” people were unfit to exercise the right
- Congress has \refrained from incorporating the Philippines into the United States\
- “[T]he civilized portion of the islands had a system of jurisprudence founded upon the civil law, and the uncivilized parts of the archipelago were wholly unfitted to exercise the right of trial by jury.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Reif
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.