According to Time magazine, the American territory of Guam has the highest voter turnout for the presidential election of any state — except it’s a straw poll and none of the votes actually count.

Although territories like Guam, Puerto Rico and American Samoa belong to and fall under the legal jurisdiction, military powers and taxing system of the United States, not all of these territories are granted birthright citizenship, nor — even if they are citizens — the right to vote. 

The U.S. first acquired Puerto Rico, Guam and other territories in 1898 as result of the Spanish-American War. American Samoa was obtained in 1899 and the Virgin Islands in 1917. The federal government has never clearly defined the status of territories. Supreme Court cases like Downes v. Bidwell described territories as belonging to but “not part of” the United States, applying parts of the Constitution selectively to the inhabitants.

Five Supreme Court cases took place from 1901 to 1922 addressing the rights of territories, known as the Insular Cases.  

In 1901, Downes v. Bidwell decided that those living in territories were not entitled to birthright citizenship, and thus had no right to vote in national elections. Justice Henry Billings Brown described those living in the territories as “alien races” that couldn’t “understand Anglo-Saxon principles.” Does that name sound familiar? He also wrote the decision for Plessy v. Ferguson stating that segregation was Constitutional as long as facilities were “separate but equal.”

So here we are in 2016, implementing a law that is just as dramatically outdated and just as inherently prejudicial as the decision that forced blacks and whites to use separate water fountains. No other justice joined Brown’s opinion, but Congress agreed anyway, leaving the decision intact. 

Nevertheless, men and women in these territories pay taxes to the United States and serve in the military.  According to Time, 77 percent of the island of Guam hosts U.S. Navy and Air Force bases. Though they can have internal governments, territories are still subject to executive decisions by the president and legislation in Congress, while their Congressional representative doesn’t get a vote. The men and women in these territories live their lives according to U.S. law and often identify as Americans — yet they cannot vote.

It’s not as if people in the territories are content where they are and don’t want citizenship or voting rights. 

The Samoan Federation of America has fought for several years to gain citizenship for the people of American Samoa. American Samoa also has the highest rate of military service amongst the states. Not to mention that “America” is literally included in this territory’s name. These people love the United States — so why do we deprive them of one of our most fundamental rights? 

This case perplexes me, not only because of the notably racist decision that led to it, but also because of the basic logic of the situation. If people serve to protect our country and are affected in their everyday lives by our laws, they should be able to vote.   

U.S. citizens will soon partake in a monumental presidential election, unlike any that has occurred in our nation. The outcome of the election will undoubtedly affect our attitudes, laws and everyday life, for those living in states as well as territories. Yet the people of Guam, Puerto Rico, American Samoa and the Virgin Islands have no say or vote, despite their immense loyalty to this country. 

More than 4.1 million people live in American territories. More than 4.1 million people love the United States. More than 4.1 million people are governed by the United States. More than 4.1 million cannot vote or have birthright citizenship in the land of the free. 

Let us remember that as we enter the voting booths on Nov. 8, exercising a right we too often take for granted.