examining board flores de otero argued december decided june puerto rico statute permits citizens practice privately civil engineers appellees alien civil engineers residing puerto rico one flores de otero denied license statute perez nogueiro granted conditional license work commonwealth appellee brought suit declaratory injunctive relief appellant examining board members district puerto rico claiming jurisdiction alleging statute citizenship requirement violated section gives district courts jurisdiction actions redress deprivation color state law federal constitutional rights privileges immunities provides person color statute state territory deprives another rights privileges immunities secured constitution laws shall liable party injured proper action flores de otero action determining jurisdiction enforce abstention unnecessary held citizenship requirement unconstitutional directed flores fully licensed civil engineer separate subsequent judgment granted like relief perez held district jurisdiction enforce provisions pp federal territorial well district circuit courts confirmed legislative history predecessor statutes generally jurisdiction redress deprivations constitutional rights persons acting color territorial law pp history legislation specifically respecting puerto rico supports conclusion district puerto rico prior puerto rico becoming commonwealth jurisdiction enforce conferred predecessors district courts several congress entering compact puerto rico assumed commonwealth status intend leave protection federal rights exclusively local puerto rico courts repeal implication jurisdiction district puerto rico enforce pp puerto rico occupies unique relationship follow congress intended relinquish enforcement restricting jurisdiction district puerto rico cf district columbia carter whether puerto rico considered territory state purposes jurisdictional question little consequence included within therefore within pp district correctly determined abstention unnecessary since federal constitutional claim complicated unresolved question even though appellees might sought relief similar provisions puerto rico constitution wisconsin constantineau harris county moore pp puerto rico prohibition alien engaging private practice engineering deprives appellees rights privileges immunities secured constitution laws within meaning pp question whether fifth amendment fourteenth protects puerto rico residents need resolved since irrespective amendment applies statutory restriction ability aliens engage otherwise lawful private practice civil engineering plainly unconstitutional fourteenth amendment applies equal protection clause nullifies statutory exclusion whereas fifth amendment due process clause apply statute discrimination egregious violate due process pp validity statute must determined principles state classifications based alienage subject strict judicial scrutiny laws containing classifications upheld state territory imposing able satisfy burden demonstrating purpose interest constitutionally permissible substantial use classification necessary accomplishment purpose safeguarding interest griffiths burden met following three justifications offered appellants citizenship requirement prevent uncontrolled influx aliens engineering field puerto rico ii raise prevailing low standard living puerto rico iii provide client civil engineer assurance financial accountability building engineer responsible collapses pp blackmun delivered opinion burger brennan stewart white marshall powell joined rehnquist filed opinion dissenting part post stevens took part consideration decision case together examining board engineers architects surveyors et al perez nogueiro also appeal see rule miriam naveira de rodon solicitor general puerto rico argued cause appellants brief peter ortiz deputy solicitor general max ramirez de arellano argued cause appellees brief santos fn solicitor general bork assistant attorney general lee howard shapiro david cohen filed brief amicus curiae justice blackmun delivered opinion case presents issue whether district district puerto rico possesses jurisdiction entertain suit based upon answer affirmative issue whether puerto rico restriction statute licenses civil engineers citizens constitutional first issue phrased another way whether puerto rico state purposes insofar statute speaks deprivation color state law resolution question reserved pearson yacht leasing puerto rico act may amended codified laws tit supp relates practice engineering architecture surveying administration enforcement statute committed commonwealth board examiners engineers architects surveyors appellant section sets forth qualifications registration licensed engineer architect surveyor licensed engineer architect qualifications include specified education passing written examination stated minimum practical experience statute also requires applicant registration citizen however exempts otherwise qualified alien citizenship requirement studied total courses commonwealth employed agency instrumentality government commonwealth municipal government public corporation case employment alien receives conditional license valid time employed public entity maria flores de otero native mexico legal resident puerto rico profession civil engineer citizen june applied board registration licensed engineer undisputed applicant met specifications formal education examination practice required licensure except citizenship board denied application furnished proof citizenship october flores instituted action district district puerto rico board individual members asserted jurisdiction alleged citizenship requirement violative rights declaratory judgment injunctive relief requested answer flores complaint defendants alleged district lacked jurisdiction entertain complaint provisions contravene rights secured fifth fourteenth amendments rights guaranteed flores constitution also alleged flores adequate remedies available courts puerto rico exhausted remedies requested abstain assuming jurisdiction case allow courts commonwealth puerto rico opportunity pass upon issues raised plaintiff app sergio perez nogueiro native spain legal resident puerto rico profession civil engineer possesses degrees universities spain colombia university puerto rico citizen like flores met specifications formal education examination practice required licensure except citizenship presently employed engineer public works department municipality carolina puerto rico holds conditional license granted board authorized passed required examination may perez instituted action board district district puerto rico asserted citizenship requirement repugnant due process clause fifth fourteenth amendments app complaint relevant respects like filed flores perez requested declaratory injunctive relief including full unconditional license practice engineer commonwealth convened hear flores case determined jurisdiction concluded abstention unnecessary unambiguous susceptible interpretation obviate need reaching constitutional question merits one judge dissenting rejected justifications proffered defendants citizenship requirement found requirement unconstitutional directed defendants license flores engineer separate subsequent judgment vote granted like relief perez decreed licensed engineer jurisdictional statement appeals taken defendants judgments single jurisdictional statement pursuant rule noted probable jurisdiction granted stay execution enforcement judgments ii jurisdictional issue appellants contend constitution application puerto rico claims cognizable may enforced instead argue unless complainant establishes jurisdictional amount prescribed claim otherwise cognizable must adjudicated courts puerto rico approaching question examine language purposes congress enacting circumstances words employed puerto rico shell district columbia carter frequently case however language free ambiguity purposes appear diverse sometimes contradictory circumstances fully spread upon record instruction federal civil rights legislation concerned enacted nearly years conflict spain resulting establishment ties puerto rico origin ku klux klan act april stat statute contained substantive provision protecting deprivation rights privileges immunities secured constitution person acting color state law well jurisdictional provision authorizing proceeding enforcement rights prosecuted several district circuit courts jurisdiction independently defined given simply enforce substantive rights created statute two aspects seemingly deemed coincide said purpose legislation enforce provisions fourteenth thirteenth amendment district columbia carter lynch household finance monroe pape originally enacted act applied action color law state however congress presumably pursuant power make needful rules regulations respecting territory property belonging granted constitution art iv cl added without explanation words territory codification statutes rev stat see district columbia carter evident aim insure persons residing territories denied persons acting color territorial law rights guaranteed constitution laws although one might say purpose congress evident method chosen implement aim curious indeed somewhat confusing codification substantive portion predecessor today act redesignated became separated jurisdictional portion predecessor today appeared twelfth sixteenth concerning respectively district courts circuit courts revised statutes words territory appeared appear question whether separately codifying provisions discrepancy congress intended restrict jurisdiction way conclude intended restriction first stated common origin act suggests two provisions meant complementary lynch household finance indication congress intended prevent federal district circuit courts exercising jurisdiction claims deprivation rights color territorial law otherwise personal jurisdiction parties second contrary interpretation necessarily lead conclusion persons residing territory effectively afforded remedy violation act despite congress obvious intention afford one existing territorial district courts established congress granted jurisdiction cases arising constitution laws vested circuit district courts rev stat emphasis added thus federal district circuit courts jurisdiction redress deprivations color state territorial law territorial courts likewise limited district courts districts california oregon territorial district washington possessed jurisdiction violations laws extended territory alaska rev stat unless federal courts jurisdiction redress deprivations rights persons acting color territorial law congress explicit extension act provide remedy persons acting color territorial law theoretical forum existed rights might enforced conclusion congress granted territorial courts jurisdiction enforce provisions strengthened two additional factors first congress explicitly provided constitution laws locally inapplicable shall force effect within organized territories every territory hereafter organized elsewhere within rev stat section reference territories obviously applicable statute second following year congress conferred district courts general jurisdiction act mar stat codified see generally zwickler koota accordingly unless federal district circuit courts jurisdiction redress deprivations color territorial law congress although providing rights remedies said failed provide means enforcement reasons conclude federal territorial well federal district circuit courts generally jurisdiction redress deprivations constitutional rights persons acting color territorial law turn legislation specifically applicable puerto rico similar approach taken congress establishment civil government puerto rico exercise territorial power art iv cl treaty paris stat spain ceded puerto rico stat shortly thereafter foraker act act april stat became law legislation established civil government puerto rico including provisions courts judicial structure created consisted local system well federal district act stat provided federal district shall addition ordinary jurisdiction district courts jurisdiction cases cognizant circuit courts face appears broad grant jurisdiction similar conferred district courts comparable conferred earlier territorial courts earlier territorial grants however different whereas federal district puerto rico ordinary jurisdiction district courts earlier territorial courts given explicitly rev stat noted jurisdiction cases arising constitution laws vested circuit district courts one might expect grant jurisdiction former necessarily encompassed grant jurisdiction latter congress however divided question whether constitution extended puerto rico force whether congress possessed power withhold puerto ricans constitutional guarantees available persons within several earlier territories see sess sess division within congress reflected legislation governing puerto rico thus despite support measure see pp congress declined grant citizenship inhabitants puerto rico cong rec contrast earlier territorial legislation congress expressly extend puerto rico constitution impose statutes puerto rico effect condition continued consistent constitution time however congress undoubtedly aware rev stat providing constitution laws locally inapplicable shall force effect every territory hereafter organized elsewhere within yet mention statute made foraker act contrast two years later congress made expressly inapplicable created civil government territory philippines act july stat moreover congress foraker act extended puerto rico statutory laws internal revenue laws locally inapplicable stat rev stat providing remedies deprivation rights guaranteed constitution laws persons acting color territorial law least potentially applicable review foraker act legislative history leads several conclusions congress uncertain powers respecting puerto rico extent constitution applied time recognized least implicitly ultimate resolution questions responsibility pp pp thus congress appears left question personal rights accorded inhabitants puerto rico orderly development whatever provision congress might make grant jurisdiction district puerto rico nevertheless appeared sufficiently broad permit redress deprivations rights persons acting color territorial law see insular police lopez cert denied nothing language foraker act precluded grant jurisdiction accorded earlier territorial courts rev stat language containing limitations cautions us reading exception supported persuasive evidence legislative history subsequent legislation respecting puerto rico tends support conclusion uncertainty application constitution lead congress deprive inhabitants puerto rico federal forum vindication whatever rights exist organic act sometimes known jones act stat congress made explicit jurisdiction federal district according jurisdiction cases cognizable district courts stat generally granted puerto rico citizens citizenship stat codified puerto rico bill rights stat bill rights remained effect provided puerto ricans nearly personal guarantees found constitution first provision example read law shall enacted porto rico shall deprive person life liberty property without due process law deny person therein equal protection laws words almost identical language fourteenth amendment congress selected must done fourteenth amendment mind view development doctrines embodied see kepner passage jones act congress clearly set stage federal puerto rico enforce provisions predecessor rev stat prohibited deprivation color statute ordinance regulation custom usage territory rights privileges immunities secured constitution laws see munoz porto rico ry light power cert denied jurisdictional provision act referring cases cognizable district courts remained effect time congress course major revision judicial code placed nonterritorial jurisdiction district puerto rico well district hawaii squarely within title code provided puerto rico constitutes one judicial district act june stat stated reason change hawaii puerto rico included judicial districts since matters jurisdiction powers procedure respects equal district courts confirms conclusion establishment commonwealth federal district puerto rico jurisdiction enforce provisions conferred predecessor statutes district courts several see miranda insular police lopez supra two years later congress responded demands greater autonomy puerto rico act july stat legislation offered nature compact people puerto rico authorized draft constitution however shall provide republican form government shall include bill rights proposed constitution thereafter submitted declared drafted within union america among determining factors life considered citizenship america loyalty principles federal constitution preamble constitution puerto rico laws ann see note following congress approved proposed constitution adding among things condition amendment revision document consistent applicable provisions constitution stat condition accepted compact became effective puerto rico assumed commonwealth status resulted repeal numerous provisions organic act including bill rights act contained act july stat remainder became known puerto rican federal relations act stat question arises whether congress entering compact intended repeal implication jurisdiction federal district puerto rico enforce think observed pearson yacht leasing purpose congress legislation accord puerto rico degree autonomy independence normally associated union accordingly puerto rico elects governor legislature appoints judges cabinet officials lesser officials executive branch sets educational policies determines budget amends civil criminal code see generally leibowitz applicability federal law commonwealth puerto rico geo magruder commonwealth status puerto rico pitt rev americana puerto rico kaplus cert denied importantly provisions relating jurisdiction federal district puerto rico left undisturbed evidence legislative history support determination congress intended departure absence change language jurisdictional provision affirmative evidence legislative history unwilling read legislation restriction jurisdiction federal district conclusion attribute congress inclination leave protection federal rights exclusively local puerto rico courts supported district columbia carter held district neither state territory within meaning district observed occupies unique status within system government seat national government time civil rights act enacted congress exercised plenary power activities geographical political considerations well absence indication language purposes history legislative intent include district within scope coverage supported conclusion appellants however focus upon characterization district sui generis governmental structure argue commonwealth puerto rico also sui generis conduct persons acting color commonwealth law similarly exempted scrutiny readily concede puerto rico occupies relationship parallel history think follow congress intended relinquish federal enforcement restricting jurisdiction federal district puerto rico observed carter congress enacting civil rights legislation concerned recognized neither means authority exert direct control basis actions state officials solution chosen involve federal judiciary congress similarly lacked effective control actions taken territorial officials although authority govern plenary practical limitations congress effectiveness protect federally guaranteed rights inhabitants puerto rico existed time cession congress relinquished control organization local affairs island granted puerto rico measure autonomy comparable possessed need federal protection federal rights thereby lessened finally terms applies territories puerto rico district columbia obviously one whether puerto rico considered territory state purposes specific question us makes little difference included within therefore follows district district puerto rico jurisdiction enforce provisions iii appellants however argue district abstained reaching merits constitutional claim fornaris ridge tool cited example abstention puerto rico context conclude district correctly determined abstention unnecessary case presents novel question concerning judicially created abstention doctrine requires instead application settled principles reviewed last term harris county moore appellants urge abstention appropriate two reasons first said construed commonwealth courts light civil code laws tit provision imposes liability contractor defective construction building fail see however way affect interpretation imposes exceptions noted requirement citizenship licensing engineer appellants second argument commonwealth courts permitted adjudicate validity citizenship requirement light art ii puerto rico constitution laws art ii section provides discrimination shall made account race color sex birth social origin condition political religious ideas section provides person puerto rico shall denied equal protection laws constitutional provisions interrelated may said harris county law commonwealth ambiguous rather abstention issue seems clearly controlled wisconsin constantineau said harris county declined order abstention federal due process claim complicated unresolved question even though plaintiffs might sought relief similar provision state constitution indeed hold abstention required might conflict cited broad sweeping constitutional provisions convert abstention exception general rule iv takes us particular puerto rico statute us puerto rico prohibition alien engaging private practice engineering deprive appellee aliens rights privileges immunities secured constitution laws within meaning decisions respecting rights inhabitants puerto rico neither unambiguous exactly uniform nature country relationship puerto rico vigorously debated within well within congress see coudert evolution doctrine territorial incorporation rev clear however protections accorded either due process clause fifth amendment due process equal protection clauses fourteenth amendment apply residents puerto rico recognized applicability guarantees long ago decisions downes bidwell balzac porto rico principle reaffirmed strengthened reid covert held inhabitants puerto rico protected either fifth amendment fourteenth official taking property without due process law however thus far declined say whether fifth amendment fourteenth provides protection need resolve precise question irrespective amendment applies statutory restriction ability aliens engage otherwise lawful private practice civil engineering plainly unconstitutional fourteenth amendment applicable equal protection clause nullifies statutory exclusion hand fifth amendment due process clause apply statute discrimination egregious falls within rule bolling sharpe see also schneider rusk examining validity puerto rico virtually complete ban private practice civil engineering aliens apply standards recent decisions graham richardson sugarman dougall griffiths cases establish state classifications based alienage subject strict judicial scrutiny graham richardson statutes containing classifications kind upheld state territory imposing able satisfy burden demonstrating purpose interest constitutionally permissible substantial use classification necessary accomplishment purpose safeguarding interest griffiths footnotes omitted principles applicable puerto rico statute consideration underpinnings constitutional decisions defining circumstances state local governments may favor citizens country denying lawfully admitted aliens equal rights opportunities two first based squarely concepts embodied equal protection clause fourteenth amendment due process clause fifth amendment recognizes liens class prime example discrete insular minority heightened judicial solicitude appropriate graham richardson see also san antonio school dist rodriguez sugarman dougall second grounded supremacy clause art vi cl naturalization power art cl recognizes federal government primary responsibility field immigration naturalization see hines davidowitz truax raich see also graham richardson takahashi fish game official discrimination lawfully admitted aliens traditionally taken several forms aliens prohibited enjoying public resources receiving public benefits basis citizens see graham richardson supra takahashi fish game supra aliens excluded public employment sugarman dougall supra see konvitz alien asiatic american law aliens restricted engaging private enterprises occupations otherwise lawful see griffiths supra truax raich supra yick wo hopkins present puerto rico statute course falls last category respect kind discrimination greatest difficulty persuading interests substantial constitutionally permissible discrimination necessary safeguarding interests thus yick wo hopkins struck ordinance administered exclude aliens pursuing lawful occupation laundry truax raich invalidated state statute required private employer five workers employ least qualified electors citizens griffiths state statutory requirement prescribing citizenship condition engaging practice law held unconstitutional see ohio ex rel clarke deckebach reason solicitude respect alien engaging otherwise lawful occupation apparent requires argument show right work living common occupations community essence personal freedom opportunity purpose fourteenth amendment secure refused solely upon ground race nationality prohibition denial person equal protection laws barren form words truax raich citations omitted suggest however state territory local government certainly federal government may permitted discretion determining circumstances employ aliens whether aliens may receive public benefits partake public resources basis citizens case governmental interest claimed justify discrimination carefully examined order determine whether interest legitimate substantial inquiry must made whether means adopted achieve goal necessary precisely drawn present case appellants offered three justifications puerto rico almost total ban aliens engaging private practice engineering first prevent uncontrolled influx aliens field puerto rico second raise prevailing low standard living third provide client civil engineer assurance financial accountability building engineer responsible collapses within years construction laws tit first justification amounts little assertion discrimination may justified desire discriminate interest unpersuasive face also odds federal government primary power responsibility regulation immigration alien lawfully admitted state may justify restriction alien liberty ground wishes control impact effect federal immigration laws cf decanas bica although second broad justification proffered appellants elements substance legitimacy means drawn achieve end neither necessary precise commonwealth done statute require private employers contractors hire engineers american citizens end held impermissible years ago truax raich supra uphold statute basis broad economic justification kind permit state bar employment aliens lawful occupations finally asserted purpose assure responsibility negligent workmanship sweeps broadly citizenship guarantee civil engineer continue reside puerto rico even bears particular rational relationship skill competence financial responsibility see sugarman dougall griffiths puerto rico available ample tools achieve goal engineer financial responsibility without indiscriminately prohibiting private practice civil engineering class otherwise qualified professionals judgments district affirmed ordered footnotes district courts shall original jurisdiction civil action authorized law commenced person redress deprivation color state law statute ordinance regulation custom usage right privilege immunity secured constitution act congress providing equal rights citizens persons within jurisdiction title provides every person color statute ordinance regulation custom usage state territory subjects causes subjected citizen person within jurisdiction thereof deprivation rights privileges immunities secured constitution laws shall liable party injured action law suit equity proper proceeding redress statute pertinent part reads qualifications registration board registry minimum evidence satisfactory board show applicant meets qualifications registration licensed engineer architect surveyor board shall accept case may licensed engineer architect graduation examination minimum experience certification accrediting graduation course curriculum engineering architecture duration less four academic years equivalent whose efficacy adequately verified university college institute whose standing proficiency accepted board passing written examinations validation fundamental subjects engineering architecture detailed history professional experience less four years acquired graduation professional satisfactory board showing judgment board applicant qualified practice engineer architect degree professional responsibility justifies licensing addition already provided section shall required applicants registration board registry citizens america reside commonwealth puerto rico less one year filing applications provided requisite citizen america shall apply engineers architects surveyors studied total courses received corresponding grade certificate commonwealth puerto rico provided approved course study institution studied fulfill qualifications fixed sections title case may provided applicants shall meet qualifications fixed act registration board registry requisites residence citizenship shall apply engineers architects surveyors different agencies instrumentalities government commonwealth municipal governments public corporations employ may wish employ understood shall necessary applicants employed time application registration board registry applicants shall meet qualifications fixed sections title registration board registry upon compliance requirements noncitizen america board shall issue conditional certificate graduate engineer architect surveyor conditional license engineer architect surveyor case may valid practicing professions performance employment time employed public entities engineer architect surveyor holding conditional license graduate engineer architect conditional certificate obtains citizenship america shall entitled apply reregistration reregistered board registry graduate engineer architect licensed engineer architect licensed surveyor case may accordance requirements board jurisdiction asserted defendants appellants acknowledge concerned general jurisdiction local federal district statutes brief appellants certification given appellee perez reads part approval examination grants right practice engineering solely exclusively employee agencies instrumentalities commonwealth puerto rico municipal governments public corporations certify limitation imposed sergio perez nogueiro right practice engineering required citizenship sergio perez nogueiro entitled automatically registered engineer without limitations soon presents naturalization certificate american citizen app complaint later amended include individual members board parties defendant oral argument appellants conceded fourteenth amendment fifth amendment applicable people puerto rico tr oral arg title provides district courts shall original jurisdiction civil actions wherein matter controversy exceeds sum value exclusive interest costs arises constitution laws treaties brief appellants tr oral arg using approach held statutes puerto rico state statutes purpose appellate jurisdiction fornaris ridge tool statutes puerto rico state statutes purpose provision pearson yacht leasing first decision based upon practice construe narrowly statutes authorizing appeals congress failure provide statute parallel authorizing appeals puerto rico circumstances appeals highest courts second decision recognized greater autonomy afforded puerto rico assumption commonwealth status early inclusion statutes puerto rico within served purpose insulating sovereign state laws interference single judge see also andres puerto rico shell domenech national city bank first section act provided person color law statute ordinance regulation custom usage state shall subject cause subjected person within jurisdiction deprivation rights privileges immunities secured constitution shall law statute ordinance regulation custom usage state contrary notwithstanding liable party injured action law suit equity proper proceeding redress proceeding prosecuted several district circuit courts subject rights appeal review upon error remedies provided like cases courts provisions act ninth april eighteen hundred entitled act protect persons civil rights furnish means vindication remedial laws nature applicable cases another change effected codification without explanation addition words laws following words constitution changes retained appeared rev stat section provided every person color statute ordinance regulation custom usage state territory subjects causes subjected citizen person within jurisdiction thereof deprivation rights privileges immunities secured constitution laws shall liable party injured action law suit equity proper proceeding redress territorial courts territories new mexico utah colorado dakota arizona idaho montana wyoming territory washington governed rev stat provided part territorial district courts shall jurisdiction cases arising constitution laws territory vested circuit district courts noted quoted language include words laws constitution section contrast omission soon rectified however rev stat original arising jurisdiction vested federal courts act stat repealed year later act mar stat nothing along line act mar see district columbia carter revised stat provided arrangement classification several sections revision made purpose convenient orderly arrangement therefore inference presumption legislative construction drawn reason title particular section placed powers vested congress art iv cl govern territories broad district columbia carter national bank county yankton american insurance canter pet case puerto rico treaty paris stat specifically provided civil rights political status native inhabitants territories hereby ceded shall determined congress congress exercised powers fully thus foraker act stat president authorized appoint advice consent senate governor puerto rico chief executive officers justices puerto rico judge district addition congress required laws enacted puerto rico legislative assembly shall reported congress hereby reserves power authority deemed advisable annul establishment two separate systems courts stands contrast territorial legislation one system courts including district courts established given jurisdiction vested courts see rev stat see also palmore section provided relevant part porto rico shall constitute judicial district called district porto rico president advice consent senate shall appoint district judge term four years unless sooner removed president district said district shall called district porto rico shall addition ordinary jurisdiction district courts jurisdiction cases cognizant circuit courts shall proceed therein manner circuit stat report majority house committee considering legislation puerto rico concluded first upon reason authority term used constitution reference constitute federal union include territories second power congress respect legislation territories plenary senate committee considering proposed legislation civil government puerto rico surveyed previous territorial legislation determine circumstances congress extended constitution territories concluded rule organization territory accompanied extension constitution congress established government territory new mexico explicitly provide constitution laws locally inapplicable shall force effect within said territory new mexico elsewhere within act stat see provision became model subsequent territorial legislation provisions section eighteen hundred revised statutes eighteen hundred shall apply philippine islands stat nevertheless people philippines left unprotected congress also provided bill rights guaranteeing basic protections afforded constitution persons within stat see kepner downes bidwell presented first opportunity review constitutionality foraker act justice brown referred rev stat opinion attached significance contrast dorr relied act express exclusion holding constitution except insofar required terms extend philippines provision continued organic act stat statutory laws locally inapplicable except hereinbefore hereinafter otherwise provided shall force effect porto rico except laws part puerto rican federal relations act although appellants contend variety reasons federal statutes concerned apply puerto rico argue statutes locally inapplicable within meaning puerto rican federal relations act section jones act stat left two major exceptions right fifth amendment held answer capital otherwise infamous crime unless presentment indictment grand jury right sixth seventh amendments jury trial see balzac porto rico congress given qualified voters puerto rico right select governor popular suffrage act stat purpose condition explained applicable provisions constitution federal relations act effect constitution respect state constitutions state laws laws locally inapplicable equal force effect puerto rico throughout except otherwise provided federal relations act act puerto rican legislature conflict constitution laws locally inapplicable null void within framework people puerto rico exercise regards local matters sphere action methods government bear resemblance state union subsequent congressional legislation affecting federal district puerto rico confirms conclusion possesses jurisdiction conferred federal district courts several pub stat tenure federal judges puerto rico made identical district judges reason given amendment federal district puerto rico jurisdiction powers responsibilities district courts several see also complete identity responsibility courts effectuated stat congress repealed act mar stat context providing additional district judges throughout including puerto rico appellants argument rests large part palmore following rationale fornaris ridge tool held statute district columbia state statute purposes palmore suggest however district columbia puerto rico treated identically every respect indeed reason hold view particularly light fact sources congressional authority respect entirely different true course congress also possessed plenary power territories practical reasons however effective federal control activities territorial officials virtually impossible indeed territories ruled immediately washington day poor roads slow mails unthinkable rather congress left municipal law developed largely territorial legislatures within framework organic acts subject retained power veto scope exercised delegations nearly broad enjoyed glidden zdanok thus although constitution vested control territories congress practical control confused ineffective making problem enforcement civil rights territories similar problem existed district columbia district columbia carter footnotes omitted oral argument appellants seemed suggest first time ambiguous tr oral arg argument directed exception aliens studied total courses received corresponding grade certificate commonwealth argument appears presented district conclude also purposes present case plainly without merit series decisions come known insular cases created doctrine incorporated unincorporated territories de lima bidwell dooley armstrong downes bidwell former category encompassed territories destined statehood time acquisition constitution applied full force see rassmussen see hawaii mankichi latter category included territories possessing anticipation statehood fundamental constitutional rights guaranteed inhabitants although question whether certain rights fundamental continued provoke debate among members clear constitution held extend ex proprio vigore inhabitants puerto rico significant insular cases downes bidwell supra held imposition congress special duties puerto rican goods violate requirement art cl duties imposts excises shall uniform throughout division opinion congress extent constitution applied puerto rico reflected opinions downes mr justices brown believed question whether congress extended constitution puerto rico justice white justices mckenna shiras joined propounded theory incorporated unincorporated territories justice gray opinion question essentially political one left political branches government chief justice justices harlan brewer peckham joined dissented ground constitution applied puerto rico ex proprio vigore justice white approach downes bidwell eventually adopted unanimous balzac porto rico appear debate relationship puerto rico ended even see note inventive statesmanship vs territorial clause constitutionality agreements limiting territorial powers rev insular cases served precedent holdings civilian dependent american serviceman stationed abroad tried american offenses committed foreign country kinsella krueger reid covert announcement cases constitution applied full force composing union incorporated territories overruled however year later granted petitions rehearing arrived opposite result withdrew earlier opinions reid covert appeals first circuit puerto rico part similarly declined make determination puerto rico stagg mather hough descartes mora mejias concepts equal protection due process stemming american ideal fairness mutually exclusive equal protection laws explicit safeguard prohibited unfairness due process law therefore imply two always interchangeable phrases recognized discrimination may unjustifiable violative due process also placed restrictions devolution real property aliens see hauenstein lynham blythe hinckley denied equal rights opportunities acquire land see terrace thompson oyama california justice rehnquist dissenting part agree conclusion district district puerto rico jurisdiction appellees claim obligated abstain reaching merits claim believe understanding difficulties necessarily encounters determining whether either fifth amendment fourteenth amendment constitution applies puerto rico without attempting recapitulate doctrine cases downes bidwell pearson yacht leasing think inquiry lends facile answer upon ultimately settles fourteenth amendment terms applicable puerto rico state doubtless constitutional inquiries shrouded one history case law definitively answered simply inclined reject claim fourteenth amendment applicable puerto rico case sufficiently strong overcome plain meaning obstacle found language amendment made fifth amendment course applies congress statute enacted congress subject strictures fifth amendment certainly enacted congress legislature puerto rico perhaps understand regard theory foraker act reserved congress right annul laws puerto rican legislature disagreed see ante legislature treated delegate congress equally subject strictures fifth amendment theory course face substantial obstacles view fact congress subsequently provided organic act bill rights giving puerto ricans nearly personal guarantees found constitution ante emphasis supplied constitutional limitations expressly directed congress fifth amendment also directly restrict puerto rican legislature virtue delegate congress superfluous congress provide additional bill rights quite impossible endow delegate power disregard individual liberties may possess thus find extremely difficult see constitutional limitations upon power congress may thought apply ex proprio vigore power puerto rican legislature moreover following passage act july puerto rico acceptance commonwealth status see ante thought restrictions upon elected legislature puerto rico embodied constitution enacted condition assuming status directly imposed congress statute short nearly certain appears either fifth amendment fourteenth amendment must govern acts legislature puerto rico seems quite possible neither provision operates direct limitation upon authority elected body even wrong thought easy avoid focused inquiry case provision may applicable even state consistent equal protection clause fourteenth amendment pass statute challenged appellees surely follow fifth amendment due process limitation upon exercise federal authority requires identical conclusion see hampton mow sun wong ante reason concluded restrictions placed upon federal government somehow directly applicable actions appellants seem able equivalently assert whatever additional authority government possesses regard aliens indeed rejection approach raise even difficult question restriction upon authority government may thought granting concomitant rights citizens bearing upon people territory may deal aliens within territory answers questions dispositive vote case feel compelled explore much detail today even conclude one part assumption correct agree result believes compelled assumption agree either statute question violates equal protection clause fourteenth amendment reasons stated dissent sugarman dougall statute subject limitations fifth amendment infirm reason application hampton mow sun wong ante rehnquist dissenting therefore reverse decision district wording thirteenth amendment shows framers war amendments knew word provisions intended guarantees application territories rather limit upon authority state government