IN THE CITY OF NEW YORK

The Academy of Political Science is affiliated with Columbia University and is composed of men and women interested in political, economic and social questions. The annual dues are five dollars. Members receive the Political Science Quarterly and the Proceedings of the Academy and are entitled to free admission to all meetings, lectures and receptions under the auspices of the Academy. Subscribers to the Quarterly are enrolled as subscribing members of the Academy.

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THE POLITICAL SCIENCE QUARTERLY

Managing Editor

PARKER THOMAS MOON

The Quarterly follows the most important movements of foreign politics but devotes chief attention to questions of present interest in the United States. On such questions its attitude is nonpartisan. Every article is signed; and every article, including those of the editors, expresses simply the personal view of the writer. Each issue contains careful book reviews by specialists, and in March, June and December numerous recent publications are characterized in brief book notes. In September is printed a Supplement, consisting of a valuable record of political events throughout the world.

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THE SUPREME COURT'S ADJUDICATION OF CONSTI

TUTIONAL ISSUES IN 1921-19221

By THOMAS REED POWELL

I. MISCELLANEOUS NATIONAL POWERS2

The power of Congress over the territories was involved in three cases. Balzac v. Porto Rico3 held that Porto Rico has not been "incorporated" into the United States so as to make applicable the constitutional requirement of trial by jury in criminal cases. This had been substantially settled in some of the Insular Cases, leaving only the question whether the situation had since been changed. In holding that it had not, Chief Justice Taft placed chief reliance. on the absence of any explicit declaration by Congress and on the fact that in the Organic Act of Porto Rico of March 2, 1917, chiefly relied on by the plaintiff in error, Congress had included a bill of rights embracing most of the guarantees of the federal Constitution with the exception of those securing the right of trial by jury. Since the extended discussion of the significance of "incorporation," the presumption against incorporation by implication was said to be very powerful and sufficient to rebut inferences that otherwise might be drawn from the legislation making Porto Ricans citizens of the United States, establishing territorial courts and extending numerous federal laws to Porto Rico. Weight was attached, too, to the fact that the civil law prevailing under Spanish rule had not made use of juries and that therefore it was likely that Congress. deemed it best not to take action to force the jury system on the

1 For reviews of Supreme Court decisions from 1914 to 1921, see 12 AM. POL. SCI. REV. 17-49, 427-457, 640-666; 13 id. 47-77, 229-250, 607-633; 14 id. 53-73; 19 MICh. L. Rev. 1-34, 117-151, 283-323; and 20 id. 1-23, 135-172, 261288, 381-406, 469-513. Decisions on the commerce clause from 1910 to 1914 are reviewed in 6 MINN. L. Rev. 123, 194; 21 COLUM. L. REV. 737; and 22 id. 28, 133.

2 Other national powers are considered in succeeding sections on commerce, taxation, and courts.

3258 U. S., 42 Sup. Ct. 343 (1922). In 20 MICH. L. REV. 215 is a note on the application of the first eight amendments to unincorporated territories, with special reference to the Virgin Islands.