Malcolm Rivera
Puerto Rico's relationship with the United States has been fraught since the island was ceded to the US in 1898 following the Spanish-American War. The US Supreme Court ruled in 1901 that Puerto Rico was an unincorporated territory, and while its residents were granted US citizenship in 1917, they do not enjoy all the rights afforded to citizens in the US Constitution, including the right to vote in federal elections. Puerto Rico's status has been the subject of several referendums since 1967, with the majority of voters in recent referendums expressing a desire for statehood. However, opponents of statehood argue that the results do not show a clear majority in favour of the change. The power to grant statehood lies with the US Congress, and any change to Puerto Rico's status would require congressional action. Some have suggested that a constitutional amendment may be necessary for Puerto Rico to become a state, similar to the process for granting voting rights to Washington, D.C. through the 23rd Amendment.
| Characteristics | Values |
|---|---|
| Current status of Puerto Rico | Designated as the "Commonwealth of Puerto Rico" in its constitution |
| Political status options | Statehood, independence, freely associated state, or maintaining current status |
| Public opinion on statehood | Mixed, with support rising in recent referendums and a majority supporting statehood in the most recent votes |
| Congressional action | Required to implement changes to Puerto Rico's status under the Territorial Clause of the US Constitution |
| US citizenship of Puerto Ricans | Granted in 1917 through the Jones-Shafroth Act |
| Voting rights | Puerto Rico residents cannot vote for the President of the US or full members of Congress |
| Benefits of statehood | Additional federal funds, right to vote in presidential elections, higher Social Security and Medicare benefits, right for government agencies to file for bankruptcy |
| Constitutional amendment requirement | Not explicitly mentioned, but implied through references to Congressional action and following Constitutional protocols |
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What You'll Learn
The Puerto Rico Statehood Admission Act
Puerto Rico has been a territory of the United States since 1898 when it was ceded by Spain following the Spanish-American War. Since then, the territory has been governed by the United States under laws enacted by Congress, and Puerto Ricans were granted US citizenship in 1917. However, Puerto Rico's political status does not allow its residents to vote for their head of state or have full representation in Congress.
The movement for Puerto Rico's statehood has gained support from both major parties in the US, with four status votes in a row showing a majority in favor of statehood. However, there is also opposition to the admission, with some arguing that the results of status referendums do not reflect a majority support for statehood among Puerto Ricans. There is also concern about the potential loss of Puerto Rico's national identity if it becomes a full part of the United States.
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US Congress and the territorial clause
Puerto Rico has been a territory of the United States since the Treaty of Paris was signed in 1898, following the Spanish-American War. The US Congress has broad powers over US territories, derived from the Territorial Clause of the US Constitution. This clause states that:
> "The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State."
Congress has the entire dominion and sovereignty, national and local, Federal and state, and has full legislative power over all subjects upon which the legislature of a state might legislate within the state. Congress may legislate directly with respect to the local affairs of a territory or it may delegate that power to the territory's legislature.
In 1952, voters in Puerto Rico approved a new constitution, which led to the territory being designated as a commonwealth. This new title of "commonwealth" did not change how Puerto Rico was related to the United States, allowing Congress to continue holding power over it as an unincorporated territory. Puerto Rico is the largest US territory in terms of both population and geographical area.
Puerto Rico has held seven referendums on the topic of statehood since 1967, and four since 2012. These referendums are non-binding, as the power to grant statehood lies with the US Congress. In 2012, a referendum resulted in 54% of respondents voting to reject Puerto Rico's status under the territorial clause of the US Constitution, while 61% of voters identified statehood as the preferred alternative to its territorial status. In 2024, a poll found that about 16% of Americans opposed statehood for Puerto Rico.
The US Congress has stated that Puerto Rico can have a permanent political status once the people make up their minds about what they want. Now, with four status votes in a row showing a majority supporting statehood, Congress must take action.
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Citizenship and voting rights
Puerto Rico is an unincorporated territorial possession of the United States, acquired in 1898 following the Spanish-American War. Puerto Rico is designated in its constitution as the "Commonwealth of Puerto Rico". The Constitution of Puerto Rico, which became effective in 1952, led to the territory being designated as a commonwealth. This new title of "commonwealth" did not change how Puerto Rico was related to the United States, allowing Congress to continue holding power over it as an unincorporated territory.
Puerto Ricans who live on the island cannot vote in federal elections as set forth in the U.S. Constitution. Consequently, they do not have full representation in Congress. This applies to all other U.S. territories, which are limited to sending to the U.S. House “one non-voting territorial delegate." However, Puerto Ricans residing in the U.S. can vote by absentee ballot, or travel to their respective states to cast their ballot. All Puerto Ricans, including islanders and those residing on the U.S. mainland, can participate in the U.S. primary process.
The United States Constitution grants congressional voting representation to U.S. states, which Puerto Rico and other U.S. territories are not, specifying that members of Congress shall be elected by direct popular vote and that the president and the vice president shall be elected by electors chosen by the states. The 2010 United States Court of Appeals for the First Circuit decision read in part:
> The panel is unanimous in agreeing that the U.S. Constitution does not give Puerto Rico residents the right to vote for members of the House of Representatives because Puerto Rico is not a state.
Statehood would grant island residents full voting rights at the federal level and two state senators, like each US state has. In 2016, Donald Trump made the following statement on Puerto Rico's future:
> There are 3.7 million American citizens living in Puerto Rico. As citizens, they should be entitled to determine for themselves their political status. I am firmly committed to the process where Puerto Ricans might resolve their status according to Constitutional and Congressional protocols.
Puerto Rico has held seven referendums on the topic since 1967, and four since 2012. They are non-binding, as the power to grant statehood lies with the US Congress.
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Self-determination and referendums
Puerto Rico has been a territory of the United States since 1898, when it was ceded to the US by Spain following the Spanish-American War. The status of Puerto Rico as a territory has been a subject of debate and discussion for many years, with several referendums held to determine the island's preferred political status.
The Puerto Rico Democracy Act (H.R. 2499), which would have provided for a federally sanctioned self-determination process and referendums in Puerto Rico, was approved by the US House of Representatives in 2010 but did not pass the Senate. Since 1967, Puerto Rico has held seven referendums on the topic, with four of them taking place since 2012. The referendums are non-binding, as the power to grant statehood lies with the US Congress.
In 2020, the Puerto Rico Status Act (H.R. 8393) passed the House of Representatives, which would have instituted a binding referendum on the future status of the island that Congress would have been required to obey. However, this bill did not pass the Senate.
In November 2024, a referendum was held in Puerto Rico, with voters selecting statehood among three options: statehood, independence, or free association. Statehood received the majority of votes, with 46.6%. However, this referendum was also non-binding, and any changes to Puerto Rico's status require action from Congress.
The issue of Puerto Rico's status has been a source of tension and debate among lawmakers and the people of Puerto Rico, with some supporting statehood, while others advocate for self-determination and the right to determine their own political status. The Democratic Party's 2020 platform expressed support for Puerto Ricans' right to self-determination, and President Joe Biden indicated his belief that statehood would ensure equal treatment and representation for Puerto Ricans.
The process of transitioning Puerto Rico's status and addressing the complexities of its relationship with the mainland has been a challenging and ongoing discussion, with Congress ultimately holding the power to make any changes to Puerto Rico's territorial status.
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Historical context and colonialism
Puerto Rico's history began with the settlement of the Ortoiroid people before 430 BC. When Christopher Columbus arrived in the New World in 1493, the dominant indigenous culture was that of the Taíno people. The Taíno people's numbers dwindled in the latter half of the 16th century due to new infectious diseases, exploitation by Spanish settlers, and warfare. Located in the northeastern Caribbean, Puerto Rico became an integral part of the Spanish Empire during the early years of exploration, conquest, and colonisation of the New World. The island served as a significant military post during numerous wars between Spain and other European powers vying for control of the region from the 16th to the 18th centuries.
In 1898, following the Spanish-American War, Puerto Rico was ceded to the United States through the Treaty of Paris. It became an unincorporated, organised territory of the US through a series of Supreme Court decisions known as "The Insular Cases" and congressional statutes. The Insular Cases allowed for a partial application of the US Constitution to territories acquired through conquest after the Spanish-Cuban-American War. These cases have been criticised for threatening civil and political rights and perpetuating colonial laws.
In 1900, the US Congress enacted the Foraker Act, establishing a civil government in the territory. Subsequently, in 1917, the Jones-Shafroth Act granted Puerto Ricans US citizenship, and they became US citizens by birth. However, despite their citizenship, Puerto Ricans residing on the island do not have voting rights at the federal level and cannot vote for the President of the United States or full members of Congress. This has led to debates about civil rights and democracy, with some advocating for equal rights and self-determination for Puerto Rico.
In 1952, Puerto Rico adopted a constitution, designating the territory as a commonwealth, officially translated as "Free Associated State" (Estado Libre Asociado). This change in status did not alter Puerto Rico's relationship with the US, as Congress continued to hold power over it as an unincorporated territory. The commonwealth status has been a subject of debate, with some questioning its finality and calling for a self-determination process for the people of Puerto Rico.
The Puerto Rico statehood movement aims to make Puerto Rico a state of the United States, seeking to end its colonial status and gain full representation and voting rights. Since 1967, Puerto Rico has held seven referendums on the topic, with four consecutive referendums showing a majority supporting statehood. The movement's supporters argue that statehood would bring benefits such as additional federal funding, higher Social Security and Medicare benefits, and the right for government agencies to file for bankruptcy. However, opponents of statehood question the interpretation of the referendum results, claiming they do not reflect a clear majority in favour of the change.
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Frequently asked questions
Puerto Rico has held seven referendums on the topic since 1967, and four since 2012. The 2012 referendum was the most successful for statehood advocates, with 54% voting to reject Puerto Rico's status under the territorial clause of the U.S. Constitution, and 61% voting for statehood as the preferred alternative. In a 2024 poll, 16% of Americans opposed statehood for Puerto Rico.
Statehood would grant island residents full voting rights at the federal level and two state senators, like each U.S. state. It would also bring an additional $10 billion per year in federal funds, higher Social Security and Medicare benefits, and the right for its government agencies and municipalities to file for bankruptcy.
Puerto Rico is an unincorporated territorial possession of the United States, acquired in 1898 following the Spanish-American War. It is designated in its constitution as the Commonwealth of Puerto Rico, and has a republican form of territorial constitution that is compatible with the U.S. Constitution.
The power to grant statehood lies with the U.S. Congress. The Puerto Rico Statehood Admission Act would repeal all federal and territorial laws, rules, and regulations that are incompatible with the political and legal status of statehood under the Constitution.
No, a constitutional amendment is not required. However, the U.S. Constitution only mentions four statuses/forms of government: states, territories, Indian tribes, and the District of Columbia. Puerto Rico's status as a commonwealth places it in a strange middle ground where it has some rights as an American citizen, but also has its own government, constitution, and taxing entity.
