Eleanor Finch
The U.S. Constitution has a complicated relationship with Puerto Rico. While the Supreme Court has reaffirmed the fundamental rights of U.S. citizenship under the Constitution and Bill of Rights in Puerto Rico, it has also decided that the right of U.S. citizens to a jury trial under the Bill of Rights does not apply there. Additionally, while people born in Puerto Rico are natural-born U.S. citizens, their citizenship is not protected by the Citizenship Clause of the 14th Amendment. The Constitution was proclaimed by the Governor of Puerto Rico in 1952, and all inhabitants who were previously Spanish subjects and their children were deemed citizens of Puerto Rico, entitled to the protection of the United States. However, the people of Puerto Rico are not guaranteed the rights outlined in the U.S. Constitution.
| Characteristics | Values |
|---|---|
| Does Puerto Rico fall under the protection of the US Constitution? | Yes, but the people of Puerto Rico are not guaranteed the rights outlined in the Constitution. |
| Does Puerto Rico have to follow the US Constitution? | Yes. |
| Does the right of US citizens to a jury trial under the Bill of Rights apply in Puerto Rico? | No. |
| Are people born in Puerto Rico US citizens? | Yes, but their citizenship is not protected by the Citizenship Clause of the 14th Amendment to the US Constitution. |
| Do public officials in Puerto Rico have to take an oath to support the US Constitution? | Yes. |
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What You'll Learn
- The U.S. Supreme Court has decided that Puerto Rico is covered only in fundamental rights under the Constitution
- The right of U.S. citizens to a jury trial under the Bill of Rights does not apply in Puerto Rico
- Puerto Rico's government is not fully autonomous
- Citizenship of people born in Puerto Rico is not protected by the Citizenship Clause of the 14th Amendment to the U.S. Constitution
- The protection of a bill of rights is extended to persons in Puerto Rico
The U.S. Supreme Court has decided that Puerto Rico is covered only in fundamental rights under the Constitution
The Supreme Court's decision in the Insular Cases left a lot of uncertainty regarding the fundamental rights of Puerto Ricans. These fundamental rights were never specified, so they have been set by the courts and the legislature and are subject to change.
Despite this, the U.S. Supreme Court has often reaffirmed the fundamental rights of U.S. citizenship in Puerto Rico under the U.S. Constitution and Bill of Rights. This includes the right to protection against federal and local government laws or actions that deprive any person of life or property without due process and equal protection of the law.
Additionally, the protection of a bill of rights is extended to persons in Puerto Rico. All public officials must take an oath to support the Constitution of the United States and the constitution and laws of the Commonwealth. Amendments to the constitution may be proposed by the Legislative Assembly and will become effective if ratified by a majority of electors.
However, it is important to note that the level of autonomy of the Puerto Rican government is limited. 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. Furthermore, although people born in Puerto Rico are natural-born U.S. citizens, their citizenship is not protected by the Citizenship Clause of the 14th Amendment to the U.S. Constitution.
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The right of U.S. citizens to a jury trial under the Bill of Rights does not apply in Puerto Rico
Although the U.S. Constitution and Bill of Rights do extend to Puerto Rico, the U.S. Supreme Court has decided that the right of U.S. citizens to a jury trial under the Bill of Rights does not apply in Puerto Rico. This means that Puerto Rico only has jury trials as allowed by local and federal statutory laws.
The Supreme Court has often reaffirmed the "fundamental rights" of U.S. citizenship under the U.S. Constitution and Bill of Rights in Puerto Rico. This includes the promise to protect individuals and the people against federal and local government laws or actions that deprive any person of life or property without due process and equal protection of law. However, the people of Puerto Rico are not guaranteed the rights outlined in the Constitution.
The Constitution was proclaimed by the Governor of Puerto Rico on 25 July 1952, and became effective on that date. All inhabitants continuing to reside in Puerto Rico who were Spanish subjects on 11 April 1899 and their children born after that date are deemed to be citizens of Puerto Rico and are entitled to the protection of the United States. However, their citizenship is not protected by the Citizenship Clause of the 14th Amendment to the U.S. Constitution.
All public officials in Puerto Rico must take an oath to support the Constitution of the United States and the constitution and laws of the Commonwealth. Amendments to the constitution may be proposed by the Legislative Assembly and will be voted on at a referendum, becoming effective if ratified by a majority of the electors.
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Puerto Rico's government is not fully autonomous
The political status of Puerto Rico has implications for many aspects of Puerto Rican life and limits the level of autonomy the Puerto Rican government has. 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.
Although people born in Puerto Rico are natural-born U.S. citizens, their citizenship is not protected by the Citizenship Clause of the 14th Amendment to the U.S. Constitution. This means that while Puerto Ricans are entitled to the protection of the United States, their rights are not guaranteed by the Constitution.
The Constitution of Puerto Rico was proclaimed by the Governor of Puerto Rico on July 25, 1952, and became effective on that date. All inhabitants of Puerto Rico who were Spanish subjects on April 11, 1899, and their descendants, are considered citizens of Puerto Rico and are entitled to the protection of the United States. However, this does not grant them the same rights and protections as citizens of the United States.
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Citizenship of people born in Puerto Rico 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 US state, but a US territory.
The US Supreme Court has often reaffirmed the "fundamental rights" of US citizenship under the US Constitution and Bill of Rights in Puerto Rico. This includes the right to due process and equal protection under the law. However, the Supreme Court has also decided that certain rights, such as the right to a jury trial under the Bill of Rights, do not apply in Puerto Rico. As a result, Puerto Rico only has jury trials as allowed by local and federal statutory laws.
The political status of Puerto Rico has significant implications for the rights and citizenship of its inhabitants. While the Constitution was proclaimed by the Governor of Puerto Rico in 1952, and all inhabitants were deemed citizens of Puerto Rico and entitled to the protection of the United States, there are still 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.
The Citizenship Clause of the 14th Amendment to the US Constitution, which grants citizenship to anyone born in the United States, does not apply to Puerto Rico because it is a territory and not a state. This means that people born in Puerto Rico are not automatically granted US citizenship, and their citizenship status can be changed or revoked by Congress.
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The protection of a bill of rights is extended to persons in Puerto Rico
Puerto Rico is also covered by the "fundamental rights" under the Constitution. Since those fundamental rights weren't specified, they've been set in the courts and the legislature, and they can change. The U.S. Supreme Court has often reaffirmed "fundamental rights" of U.S. citizenship under the U.S. Constitution and Bill of Rights in Puerto Rico. This seems like a promise to protect individuals and the people against federal and local government laws or actions that deprive any person of life or property without due process and equal protection of law.
The Constitution was proclaimed by the Governor of Puerto Rico on July 25, 1952, and became effective on that date. All inhabitants continuing to reside in Puerto Rico who were Spanish subjects on April 11, 1899, and then resided in Puerto Rico, and their children born after that date, are deemed citizens of Puerto Rico and are entitled to the protection of the United States. However, their citizenship is not protected by the Citizenship Clause of the 14th Amendment to the U.S. Constitution.
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Frequently asked questions
Yes, but only in "fundamental rights".
These include the right to due process and equal protection of law.
No, the U.S. Supreme Court decided that the right of U.S. citizens to a jury trial under the Bill of Rights does not apply in Puerto Rico.
The Constitution was proclaimed by the Governor of Puerto Rico on July 25, 1952, and became effective on that date.
Yes, people born in the Commonwealth of Puerto Rico are natural-born U.S. citizens. However, their citizenship is not protected by the Citizenship Clause of the 14th Amendment to the U.S. Constitution.
