‘Territories, Tribes, and the Promise of 1776’ explored online June 1
The American Bar Association will present the webinar “A Republic Beyond the States: Territories, Tribes, and the Promise of 1776” on Monday, June 1, from 4 to 5 p.m.
In 2026, America will mark the 250th anniversary of the Declaration of Independence.
The anniversary may be understood differently in the context of U.S. territories and Native American tribes, whose legal and constitutional relationships to the United States have developed through distinct historical and doctrinal frameworks.
Tribal nations have been governed under a range of doctrines that characterize them, at different times, as sovereign entities, wards, or dependent nations, and Congress has asserted broad authority—often described as “plenary” power—over tribal affairs.
Residents of U.S. territories have limited voting representation in Congress, cannot vote for president or vice president, and are subject to statutory regimes that differ from those applicable in the states. Territorial governance also continues to be shaped by a line of Supreme Court decisions known as the Insular Cases, which addressed the constitutional status of overseas territories and the extent to which constitutional provisions apply in those jurisdictions.
The year 2026 also marks the 125th anniversary of those decisions.
The coincidence of the 250th anniversary of the Declaration of Independence and the 125th anniversary of the Insular Cases presents an opportunity to examine several longstanding constitutional questions.
These include nature of the constitutional relationship between the United States and its territories, tribal nations, and other non-state polities; the scope and continuing role of the doctrines articulated in the Insular Cases; the interpretation of the Territorial Clause in light of constitutional text, historical practice, and established methods of constitutional interpretation; the constitutional foundations and limits of Congress’s asserted plenary authority in these contexts; and, perhaps most importantly, what does it mean to support “democracy” or the “rule of law” when the Constitution itself disenfranchises you and your neighbors from participating in national elections?
This webinar will explore how constitutional principles apply differently to tribal nations and U.S. territories. It examines historical doctrines, the legacy of the Insular Cases, and ongoing debates over sovereignty, representation, and the meaning of democracy.
Learning objectives include:
• Recognize the different constitutional laws that apply to the territories and tribes.
• Understand the current debates in territorial and tribal law.
• Understand criticisms of the current constitutional framework and potential alternatives
Cost for the webinar is $130. To register, visit www.americanbar.org and click on “events.”
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