Note 351 — Chapter IX · THE LAW OF STATE COMITY, TERRITORIES AND POSSESSIONS

The power of Congress over territory incorporated into the United States,—that is, over territory over which the Constitution has been extended by Congress is limited by the Constitution: Thompson v. Utah, 170 U. S., 343 (1898). Rasmussen v. United States, 197 U. S., 516 (1905); but over territory not so incorporated, see Hawaii v. Mankichi, 190 U. S., 197 (1903); Dorr v. U. S., 195 U. S., 138 (1904). The decisions support the doctrine that once the Constitution has been extended over territory, it cannot be withdrawn (Downes v. Bidwell) and consequently, all the limitations which by the Constitution affect Congress operate as limitations of its power over the territory, and therefore operate as fundamental rights and privileges of the inhabitants of such territory.