Article IV Territorial Courts - Explained
Authority for Courts within US Territories, Provinces, and Protectorates
Written by Jason Gordon
Updated at April 2nd, 2023
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What are Article 4 Courts?
Article IV courts are US Territorial Courts, such as those of Guam, Northern Mariana Islands, and the US Virgin Islands, established under the Territory Clause of Article IV.
Next Article: Constitutional Authority for State Courts Back to: US COURT SYSTEM
Related Concepts
- What is the Authority for Article III Courts?
- What is the Authority for Article I Courts?
- What is the authority for courts under Article II?
- What is the authority for Article IV Territorial Courts?
- What is the authority for State Courts?
- What are Article III Courts?
- What are Article I Administrative Courts?
- What are state courts?
Discussion Question
Think about the formation of courts in these jurisdictions. These are not states and, therefore, Congress must act to establish courts with jurisdiction over these protectorates. How do you feel about territories of the United States that are not represented in the Federal Government, but are subject to federal jurisdiction?
- Some would argue that subjecting a jurisdiction to federal law without representation within the established government runs afoul of principles of democracy. The same argument applies to the District of Columbia, whose license tags read, taxation without representation. Others would argue that protectorates lack the status of a state and the US Constitution is clear that only states are afforded federal representatives.
Practice Question
In the US Territory of Guam, Hanna is the victim of a crime when someone steals her automobile. What laws would be affected in this scenario and how would this situation differ from a similar occurrence in California?
- If Hanna were located in California, the crime against her property would likely be subject to state law. If a defendant were apprehended, he or she would face charges in state court. Guam is not a state and does not have a state court. Rather, the trial court of Guam is the District Court of Guam, a federal trial court. This court is authorized under Article IV of the US Constitution.
Related Topics
- US Courts (Intro)
- What is the Authority for Article III Courts?
- What is the Authority for Article I Courts?
- What is the authority for courts under Article II?
- What is the authority for Article IV Territorial Courts?
- What is the authority for State Courts?
- What are Article III Courts?
- What are Article I Administrative Courts?
- What are Article IV Territorial Courts?
- What are state courts?
- What is Subject-Matter Jurisdiction?
- What is Federal Court Subject-Matter Jurisdiction?
- What is State Court Subject-Matter Jurisdiction?
- Can a Federal trial courts hear state matters & vice versa?
- Can a Federal appellate court hear federal matters & vice versa?
- What is Personal Jurisdiction?
- How to establish Federal Court Personal Jurisdiction?
- How to establish State Court Personal Jurisdiction?
- What is a Long-Arm Statute?
- Who are the primary players in the state judicial system?
- What types of judges are part of the judiciary?
- What are the duties of trial judges in the legal system?
- Contempt of Court
- Declaratory Judgment
- Equitable Relief
- Equity - Definition
- What are the duties of Appellate Judges & Justices?
- De Novo Review
- What is the role of jurors in the judicial system?
- What number of jurors and juror votes are required for guilt or liability?
- What do Attorneys do?
- Who are the other players in the judicial system?
- US Circuit Court?
- US Supreme Court?
- Appeals from Legislative and Administrative Courts
- Appeals in the state court system?