Omar Bennett
Puerto Rico's political status has significant implications for the rights and protections afforded to its residents. While Puerto Ricans are natural-born US citizens, their citizenship is not protected by the Citizenship Clause of the 14th Amendment to the US Constitution. As a result, their American citizenship can be revoked by the US Congress. Additionally, Puerto Rico is subject to the Congress' plenary powers under the territorial clause of Article IV, Section 3, of the US Constitution, meaning that US federal law applies to the island. However, since Puerto Rico is not a state, its residents do not have voting representation in Congress and are not covered by the full American Bill of Rights. This has led to situations where federal laws and actions violate basic citizenship rights, such as the imposition of federal payroll taxes for Social Security and Medicare in Puerto Rico without providing equivalent program benefits.
| Characteristics | Values |
|---|---|
| Citizenship | People born in Puerto Rico are natural-born US citizens, but their citizenship is not protected by the Citizenship Clause of the 14th Amendment to the US Constitution |
| Federal law | US federal law applies to Puerto Rico, but the island's government is not fully autonomous |
| Voting representation | Puerto Ricans have no voting representation in the US Congress |
| Federal courts | Federal courts have struck down local laws that violate basic citizenship rights, but not federal laws or actions that do the same |
| Death penalty | The Constitution of the Commonwealth of Puerto Rico prohibits the death penalty, unlike the US Constitution |
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What You'll Learn
- Puerto Ricans are not covered by the full American Bill of Rights
- Puerto Rico is subject to Congress' plenary powers under the territorial clause of Article IV, sec. 3, of the U.S. Constitution
- Puerto Ricans are covered by a group of fundamental civil rights
- The citizenship of Puerto Ricans is not protected by the Citizenship Clause of the 14th Amendment to the U.S. Constitution
- The Constitution of the Commonwealth of Puerto Rico recognises some rights that are not protected under the Constitution of the United States of America
Puerto Ricans are not covered by the full American Bill of Rights
The political status of Puerto Rico has ramifications in many spheres of Puerto Rican life, and there are limits to the level of autonomy the Puerto Rican government has. For example, the Island's government is not fully autonomous, and there is a significant federal presence on the Island, including a branch of the United States Federal District Court.
Puerto Ricans are covered by a group of "fundamental civil rights", and U.S. federal law applies to Puerto Rico. However, the U.S. Supreme Court has upheld federal laws that violate basic citizenship rights, such as imposing federal payroll taxes for Social Security and Medicare in Puerto Rico, while providing federal Social Security and Medicare program benefits in the territory at a lower level than in States.
The Constitution of the Commonwealth of Puerto Rico also recognises some rights that are not protected under the Constitution of the United States of America, such as the prohibition of the death penalty.
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Puerto Rico is subject to Congress' plenary powers under the territorial clause of Article IV, sec. 3, of the U.S. Constitution
Although people born in Puerto Rico are natural-born US citizens, their citizenship is not protected by the Citizenship Clause of the 14th Amendment to the US Constitution. This means that the American citizenship of Puerto Ricans can be taken away by the US Congress unilaterally. Puerto Rico is subject to Congress's plenary powers under the territorial clause of Article IV, sec. 3, of the US Constitution. US federal law applies to Puerto Rico, even though Puerto Rico is not a state of the American Union and its residents have no voting representation in the US Congress.
The Federal Relations Act of 1950 established that all federal laws that are "not locally inapplicable" are automatically the law of the land in Puerto Rico. This means that the US Supreme Court has upheld federal law imposing federal payroll taxes for Social Security and Medicare in Puerto Rico, but providing federal Social Security and Medicare program benefits in the territory at a lower level than in states. This would violate "fundamental rights" and would never be allowed in a state.
The Constitution of the Commonwealth of Puerto Rico recognises some rights that are not protected under the US Constitution. For example, the death penalty is prohibited in Puerto Rico, but it is not prohibited in the US Constitution.
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Puerto Ricans are covered by a group of fundamental civil rights
Puerto Ricans are covered by a group of "fundamental civil rights", but since Puerto Rico is not a state, its residents are not covered by the full American Bill of Rights. For example, the American citizenship of Puerto Ricans can be taken away by the U.S. Congress unilaterally, and their citizenship is not protected by the Citizenship Clause of the 14th Amendment to the U.S. Constitution.
U.S. federal law applies to Puerto Rico, and the island's government is not fully autonomous. The Federal Relations Act of 1950 means that all federal laws that are "not locally inapplicable" are automatically the law of the land in Puerto Rico.
The Constitution of the Commonwealth of Puerto Rico recognises some rights that are not protected under the Constitution of the United States of America. For example, the death penalty is prohibited in Puerto Rico, but not in the U.S.
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The citizenship of Puerto Ricans is not protected by the Citizenship Clause of the 14th Amendment to the U.S. Constitution
Although people born in Puerto Rico are natural-born US citizens, their citizenship is not protected by the Citizenship Clause of the 14th Amendment to the US Constitution. This is because Puerto Rico is not a state of the American Union, and its residents have no voting representation in the US Congress. The US federal law applies to Puerto Rico, and the Island's government is not fully autonomous.
The American citizenship of Puerto Ricans can be taken away by the US Congress unilaterally. Puerto Ricans are covered by a group of "fundamental civil rights", but they are not covered by the full American Bill of Rights. The Constitution of the Commonwealth of Puerto Rico recognises some rights that are not protected under the Constitution of the United States of America. For example, the death penalty is prohibited in Puerto Rico, but this is not the case in some US states.
The Supreme Court has upheld federal law imposing federal payroll taxes for Social Security and Medicare in Puerto Rico, but providing federal Social Security and Medicare program benefits in the territory at a lower level than in States. This would violate "fundamental rights" and would never be allowed in a State. The Supreme Court left uncertainty when it decided in the Insular Cases that Puerto Rico was covered only in "fundamental rights" under the Constitution.
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The Constitution of the Commonwealth of Puerto Rico recognises some rights that are not protected under the Constitution of the United States of America
Puerto Ricans are not protected by the full American Bill of Rights because Puerto Rico is not a state. However, they are covered by a group of "fundamental civil rights".
Although people born in the Commonwealth of Puerto Rico are natural-born US citizens, their citizenship is not protected by the Citizenship Clause of the 14th Amendment to the US Constitution. This means that the American citizenship of Puerto Ricans can be taken away by the US Congress unilaterally.
The political status of Puerto Rico has ramifications in many spheres of Puerto Rican life, and there are limits to the level of autonomy the Puerto Rican government has. For example, US federal law applies to Puerto Rico, and there is a federal presence on the island, including a branch of the United States Federal District Court.
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Frequently asked questions
No, Puerto Ricans are not covered by the full American Bill of Rights. However, they are covered by a group of "fundamental civil rights".
It means that the US Supreme Court has upheld federal law imposing federal payroll taxes for Social Security and Medicare in Puerto Rico, but providing federal Social Security and Medicare program benefits in the territory at a lower level than in States.
Yes, the Island's government is not fully autonomous, and the level of federal presence in the Island is common place, including a branch of the United States Federal District Court.
Yes, the death penalty is prohibited under the Constitution of the Commonwealth of Puerto Rico, but this is not the case under the US Constitution.
