An unincorporated territory

Under United States law, an unincorporated territory is an area controlled by the United States government that is not "incorporated" for the purposes of United States constitutional law. In unincorporated territories, the U.S. Constitution applies only partially. In the absence of an organic law, a territory is classified as unorganized. In unincorporated territories, "fundamental rights apply as a matter of law, but other constitutional rights are not available".[1] Selected constitutional provisions apply, depending on congressional acts and judicial rulings according to U.S. constitutional practice, local tradition, and law.[citation needed] As such, these territories are often considered colonies of the United States.[2][3]

There are currently 13 unincorporated territories, comprising a land area of approximately 12,000 square kilometers (4,600 square miles) containing a population of approximately four million people; Puerto Rico comprises the vast majority of both the total area and total population.[4]

Of the 13 territories, five are inhabited. These are either organized or self-governing[5] but unincorporated. These are Puerto Rico, Guam, Northern Mariana Islands, U.S. Virgin Islands, and American Samoa.[6] There are also nine uninhabited U.S. possessions, of which only Palmyra Atoll is incorporated (See: territories of the United States, unorganized territory[7] and insular area).

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