The court affirmed that “the Constitution deals with states” and that territorial rights were at Congress’s discretion. Congress could, if it wished, “incorporate” territories into the union and bring them under the protection of the Constitution, as the court judged that it had in the case of the western territories. Some years later, the court also concluded that Alaska and Hawai‘i, the territories beyond the mainland that seemed the most conducive to white settlement, had also been “incorporated.” But the point was that incorporation was not automatic, and the court repeatedly denied that
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