ABSTRACT
This chapter describes the US global empire invoked the precedents established by Downes and the other Insular Cases to legitimate the legal construction of extraterritorial subjectivities. The US global empire kidnaps, tortures, interrogates, incarcerates and assassinates subjects in these extraterritorial spaces with unequal access to rights and justice. The US global empire has invoked three core Supreme Court rulings to legitimate the legal construction of extraterritorial subjectivities. The precedents established by the Insular Cases have enabled advocates of US global empire to treat extraterritorial spaces as separate and unequal localities where subjects can be ruled as less than equal persons or human beings. The Foreign Intelligence Surveillance Act (FISA) authorizes the Attorney General Jay S. Bybee and the Director of National Intelligence to wire tap or monitor the communications of 'foreign powers or agents of a foreign power' located outside of the United States.
