United States territory is any extent of region under the jurisdiction of the federal government of the United States, including all waters (around islands or continental tracts). The United States has traditionally proclaimed the sovereign rights for exploring, exploiting, conserving, and managing its territory. This extent of territory is all the area belonging to, and under the dominion of, the United States federal government (which includes tracts lying at a distance from the country) for administrative and other purposes. The United States total territory includes a subset of political divisions.
The United States territory includes any points of extended spatial location under the control of the United States federal government. Various regions, districts, and divisions are under the supervision of the United States federal government. The United States territory includes clearly defined geographical area and refers to an area of land, air or sea under jurisdiction of United States federal governmental authority (but is not limited only to these areas). The extent of territory is all the area belonging to, and under the dominion of the United States of America federal government (which includes tracts lying at a distance from the country) for administrative and other purposes.
Under Article IV of the United States Constitution, territory is subject to and belongs to the United States (but not necessarily within the national boundaries or any individual state). This includes tracts of land or water not included within the limits of any State and not admitted as a State into the Union.
The Constitution of the United States states:
The Congress shall have Power to dispose of and
make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
Congress possesses power to set territorial governments within the territory of the United States. The power of congress over such territory is exclusive and universal. Congress legislation is subject to no control, unless in the case of ceded territory. The U.S. Congress is granted the exclusive and universal power to set a United States territory's political divisions.
All territory under the control of the federal government is considered part of the "United States" for purposes of law. The United States Supreme Court ruling from 1945 stated that the term "United States" can have three different meanings, in different contexts:
The term "United States" may be used in any one of several senses. It may be merely the name of a sovereign occupying the position analogous to that of other sovereigns in the family of nations. It may designate the territory over which the sovereignty of the United States extends, or it may be the collective name of the states which are united by and under the Constitution.—Hooven & Allison Co. v. Evatt ,
The United States Department of the Interior is charged with managing federal affairs within U.S. territory. The Interior Department has a wide range of responsibilities (which include the regulation of territorial governments and the basic stewardship for public lands, et al.). The United States Department of the Interior is not responsible for local government or for civil administration except in the cases of Indian reservations, through the Bureau of Indian Affairs, as well as those territories administered through the Office of Insular Affairs.
Territories are subdivided into legally administered tracts, e.g., non-sovereign, geographic areas that have voluntarily come under the authority of a government. For example, American Samoa is a territory of the government of the United States. A U.S. state is not a "sovereign state" as viewed by international law, since the "Contract Clause" of the U.S. Constitution restricts individual states from conducting foreign relations. The District of Columbia is under the direct authority of Congress, and was established from territory ceded by the states of Maryland and Virginia, with all of the Virginia cession having since been returned to that state.
The contiguous United States, Hawaii, and Alaska are divided into smaller administrative regions. These are called counties in 48 of the 50 states, and they are called boroughs in Alaska and parishes in Louisiana. A county can include a number of cities and towns, or just a portion of either type. These counties have varying degrees of political and legal significance. A township in the United States refers to a small geographic area. The term is used in two ways: a survey township is simply a geographic reference used to define property location for deeds and grants; a civil township is a unit of local government, originally rural in application.
At times, territories are organized with a separate legislature, under a Territorial governor and officers, appointed by the President and approved by the Senate of the United States. A territory has been historically divided into organized territories and unorganized territories. An unorganized territory was generally either unpopulated or set aside for Native Americans and other indigenous peoples in the United States by the U.S. federal government, until such time as the growing and restless population encroached into the areas. In recent times, "unorganized" refers to the degree of self-governmental authority exercised by the territory.
As a result of several Supreme Court cases after the Spanish-American War, the U.S. had to determine how to deal with its newly acquired territories, such as the Philippines, Puerto Rico, Guam, Wake Island, and other areas that were not part of the North American continent and which were not necessarily intended to become a part of the Union of States. As a consequence of the Supreme Court decisions, the United States has since made a distinction between incorporated and unincorporated territories. In essence, an incorporated territory is land that has been irrevocabably incorporated within the sovereignty of the United States and to which the full corpus of the U.S. Constitution applies. An unincorporated territory is land held by the United States, and to which Congress of the United States applies selected parts of the constitution. At the present time, the only incorporated U.S. territory is the unorganized (and unpopulated) Palmyra Atoll.
The U.S. currently administers 14 territories as insular areas:
Note that Hawaii is not administered as an insular area but as a member State in the Federation.
The Guantanamo Bay Naval Base, Guantanamo Bay, Cuba, is administered by the U.S. under a perpetual lease, much as the Panama Canal Zone used to be before the signing of the Torrijos-Carter Treaties and only mutual agreement or U.S. abandonment of the area can terminate the lease.
From July 18, 1947 until October 1, 1994, the U.S. administered the Trust Territory of the Pacific Islands, but the Trust ceased to exist when the last member state of Palau gained its independence to become the Republic of Palau. The Panama canal, and the Canal Zone surrounding it, was territory administered by the United States until 1999, when control was relinquished to Panama.
The United States has made no territorial claim in Antarctica but has reserved the right to do so.
The Government of the United States of America has claims to the oceans in accord with international law, which delineates a zone of territory adjacent to territorial lands and seas. United States protects this marine environment, though not interfering with other lawful uses of this zone. The United States jurisdiction has been established on vessels, ships, and artificial islands (along with other marine structures).
The United States is not restricted from making laws governing its own territory by international law. The United States territory can include occupied territory, which is a geographic area that claims sovereignty, but is being forcibly subjugated to the authority of the United States of America. United States territory can also include disputed territory, which is a geographic area claimed by United States of America and one (or more) rival governments.
Like most nations, the United States of America has acquired territory by force and conquest (Latin, "to seek for"). Internationally (specifically according to the Hague conventions), United States territory can include areas occupied by and controlled by a United States army. When de facto military control is maintained and exercised, occupation (and thus possession) extends to that territory. By convention, the forces in control of the territory have a responsibility to provide for the basic needs of individuals under their control (which includes food, clothing, shelter, medical attention, law maintenance, and social order). To prevent systematic abuse of puppet governments by the occupation forces, they must enforce laws that were in place in the territory prior to the occupation.