Unincorporated territories

Under United States law, an unincorporated territory is an area controlled by the United States government which is not part of (i.e., "incorporated" in) the United States. In unincorporated territories, the U.S. Constitution applies only partially. In the absence of an organic law, a territory is classified as unorganized. In unincorporated territories, "fundamental rights apply as a matter of law, but other constitutional rights are not available". Selected constitutional provisions apply depending on congressional acts and judicial rulings according to U.S. constitutional practice, local tradition and law.

There are currently 13 unincorporated territories, comprising a land area of approximately 12 thousand square kilometres (4.63 thousand square miles) containing a population of approximately 4 million people; Puerto Rico alone comprises the vast majority of both the total area and total population.

Of the 13 territories, five are inhabited. These are either organized or self-governing, but unincorporated. These are Puerto Rico, Guam, Northern Mariana Islands, U.S. Virgin Islands, and American Samoa. There are also nine uninhabited US possessions, of which only Palmyra Atoll is incorporated. (See Territories of the United States, Unorganized territory and insular area.)

All modern inhabited territories under the control of the federal government can be considered as part of the "United States" for purposes of law as defined in specific legislation. However, the judicial term "unincorporated" was coined to legitimize the U.S. late 19th-century territorial acquisitions without citizenship and their administration without constitutional protections temporarily until Congress made other provisions. The case law allowed Congress to impose discriminatory tax regimes with the effect of a protective tariff upon territorial regions which were not domestic states.

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