Equal Enfranchisement: Extending Complete Voting Rights in the U.S. Territories

In a series of cases stemming from the racist rationales of the Insular Cases, federal courts have created a doctrine that excludes territorial residents from federal elections, thus entrenching their political subordination. The courts have based their decisions on three main principles: First, because the constitutional provisions regarding federal elections refer only to states and are silent as to territories, territorial residents have no right to vote in federal elections. Second, because territorial residents are not a suspect class and do not have a fundamental right to vote, their disenfranchisement is subject to only rational basis review. Third, only statehood or a constitutional amendment can provide such a right. This Note challenges all three principles to provide a constitutional justification for equal enfranchisement.