Constitutional exceptionalism turns the case – exacerbates political subordination.
Ponsa-kraus '22 [Christina Duffy; George Welwood Murray Professor of Legal History, Columbia Law School; "The Insular Cases Run Amok: Against Constitutional Exceptionalism in the Territories; The Yale Law Journal; pp. 2512; https://www.law.columbia.edu/sites/default/files/2022-07/Insular%20Cases%20Run%20Amok.pdf; ror]
The appeal of constitutional exceptionalism lies in its apparent solicitude toward territorial cultures in a time of consensus against cultural imperialism. But as we have seen, the cases that employ constitutional exceptionalism could have reached the same results without it. Gratuitous constitutional exceptionalism promotes poor legal reasoning and perpetuates doubts about the applicability of constitutional provisions where there should be none. Such uncertainty alone is oppressive.279 Moreover, even where there are reasonable doubts over the applicability of a given constitutional provision, constitutional exceptionalism exacerbates the confusion and uncertainty. Worse, it leaves intact a legal framework that ensures the indefinite political subordination of the residents of unincorporated territories, which, cultural accommodation or not, remain subject to U.S. sovereignty without voting representation in the federal government.