Isabella Carter
Puerto Rico is an unincorporated territory of the United States, and its citizens are not guaranteed the rights outlined in the US Constitution. The US Supreme Court has ruled that the Constitution does not apply directly or uniformly in Puerto Rico, only certain fundamental rights apply. The application of these fundamental rights has been inconsistent, with the Supreme Court striking down local laws that violate them, but not addressing federal laws or actions that may violate them. Puerto Rico has its own constitution, which was drafted by a constitutional convention and approved by the people, the President, and Congress. The Puerto Rico Constitution was ratified in 1952 and contains nine articles. The question of Puerto Rico's political status and the extent to which the US Constitution applies there has been a matter of debate for decades.
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What You'll Learn
The US Constitution and Puerto Rico's statehood
Puerto Rico is an unincorporated territory of the United States. While the US Constitution applies in Puerto Rico, it does not apply directly or uniformly as it does in US states. The US Supreme Court has ruled that only "'fundamental rights' under the federal constitution apply in Puerto Rico. These rights include the Eleventh Amendment, the Dormant Commerce Clause, the First Amendment, the Fourth Amendment, the Fifth Amendment, the due process clause, and the equal protection guarantee of the Fourteenth Amendment. The Privileges and Immunities Clause, which prevents a state from treating citizens of other states in a discriminatory manner and guarantees the right to travel, also applies.
The question of Puerto Rico's statehood has been a topic of debate for decades. In 1952, Puerto Rico became a "Commonwealth", a term purposely chosen over its literal translation of "Free Associated State" to avoid suggesting that Puerto Rico intended to be a State of the Union. Puerto Rico has had several opportunities to vote on statehood, but each time the result has been a stalemate. In 2012 and 2017, Puerto Rico voted for statehood, but Congress has not yet taken action.
As a US territory, Puerto Rico has its own laws, including the Puerto Rico Constitution, laws passed by the Puerto Rico Legislative Assembly, and decisions by courts that interpret Puerto Rico laws. The Puerto Rico Constitution was ratified in 1952 and contains nine articles. It provides for a republican form of government and includes a Bill of Rights patterned on the US Constitution's Bill of Rights. The Puerto Rico Constitution can be amended through a process outlined in Article Seven, which involves proposing an amendment in the Puerto Rico legislature and a ballot vote.
While Puerto Ricans are US citizens, their citizenship is granted by an act of Congress and is not guaranteed by the US Constitution. As a result, US citizens residing in Puerto Rico are not fully enfranchised by the Constitution. Puerto Rico's relationship with the US has implications for its residents, such as paying federal taxes and receiving Social Security benefits upon retirement, but exclusion from Supplemental Security Income (SSI) and limited Medicaid funding.
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Puerto Rico's constitution and US Congress
Puerto Rico is an unincorporated territory of the United States, and not a U.S. state. Therefore, the U.S. Constitution does not fully apply in Puerto Rico. The U.S. Supreme Court ruled that only the "'fundamental rights' under the federal constitution apply to Puerto Rico. The Supreme Court did not specify what these fundamental rights were, but some examples include the Eleventh Amendment, the First Amendment, the Fourth Amendment, and the Fifth Amendment.
The Puerto Rico Constitution was ratified in 1952 and contains nine articles. The constitution was drafted by ninety-two delegates elected to a constitutional convention, representing the Popular Democratic, the Statehood, and the Socialist parties. The U.S. Congress passed a federal statute in 1950 that authorized the adoption of the local constitution, which was approved in 1952. The constitution established a government with the Spanish name "Estado Libre Asociado" and the English name "Commonwealth". The name "Commonwealth" was chosen to avoid the suggestion that Puerto Rico intended to be a State of the Union.
The process for amending the Puerto Rico Constitution is outlined in Article Seven. An amendment must be proposed in the Puerto Rico legislature, and it will appear on a ballot if two-thirds of the members of each chamber of the legislature vote in its favor. No amendment may abolish the Bill of Rights.
The relationship between Puerto Rico and the U.S. Congress has been a subject of debate. Leaders of the Commonwealth party argue that the Commonwealth of Puerto Rico, as established in 1952, will be able to conduct treaty relations in its own name once the "misunderstanding" about its status is corrected. They assert that the federal statute passed by Congress in 1950 created an "unalterable bilateral pact" that prevents Congress from making changes to federal laws applicable to the Commonwealth without Puerto Rico's consent.
On the other hand, there have been multiple referendums in Puerto Rico on the question of statehood, with the most recent votes in 2012 and 2017 resulting in a majority favoring statehood. However, these votes are non-binding, and the final decision on Puerto Rico's status rests with the U.S. Congress.
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Puerto Rico's independence
Puerto Rico is an unincorporated territory of the United States. As such, Puerto Ricans are subject to US federal laws and are US citizens, but they cannot vote in federal elections and are not guaranteed the rights outlined in the US Constitution.
The political status of Puerto Rico is complicated, and there are several parties and viewpoints that seek to change this status quo. The Popular Democratic Party (PPD) seeks to maintain the island's status as a commonwealth, while the New Progressive Party (PNP) seeks to make Puerto Rico a US state. The Puerto Rican Independence Party (PIP), on the other hand, seeks to make Puerto Rico a sovereign nation free from US authority.
The debate over Puerto Rico's status has been ongoing for decades, with multiple referendums held on the issue. In 2012 and 2017, Puerto Rico voted for statehood, with 61.2% and 97% (of a small voter turnout) in favour, respectively. However, in 2020, the results were more mixed, with 52-53% in favour of statehood, and 47% of voters rejecting it. This referendum also included the options of independence and "enhanced commonwealth status", with independence receiving support from nationalists who boycotted the referendum.
The Puerto Rico Statehood Admission Act, or H.R. 1522, is a bill that seeks to admit Puerto Rico as the 51st US state. It passed the House in 2022 but has not yet passed the Senate. Becoming a state would grant Puerto Rico increased financial aid and social security from the US government, but it would also mean losing its current constitution.
On the other hand, if Puerto Rico were to become an independent country, it would gain complete powers of self-governance. However, it would likely struggle economically as it separates from the United States. This option was supported by 47% of voters in 2017 and 2020.
Another option that has been proposed is "enhanced commonwealth status", which would increase Puerto Rico's powers of self-rule while retaining a relationship with the US. This option has appeared on referendums infrequently and has not gained as much support as the other options.
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US federal laws and Puerto Rico
Puerto Rico is an unincorporated territory of the United States. While the US Constitution applies in Puerto Rico, it does not apply directly or uniformly in the same way as in the States of the Union. The US Supreme Court has ruled that only "'fundamental rights' under the federal constitution apply in Puerto Rico. However, the specific "fundamental rights" have not been explicitly defined, and it is up to Congress and the federal courts to determine when and how these rights apply in the territory.
The relationship between the US and Puerto Rico has evolved over time. In 1917, the Jones-Shafroth Act was signed, granting Puerto Ricans statutory citizenship. However, this citizenship was granted by an act of Congress and not by the US Constitution itself. The Insular Cases established that Puerto Rico belonged to but was not a part of the United States, with a unique status as an unincorporated territory.
Puerto Rico has its own laws, including the Puerto Rico Constitution, which was ratified in 1952, laws passed by the Puerto Rico Legislative Assembly, and decisions by local courts. The process for amending the Puerto Rico Constitution is outlined in Article Seven, which requires a proposed amendment to be approved by two-thirds of the members of each chamber of the legislature before appearing on a ballot. The Puerto Rico Supreme Court and the Court of Appeals interpret Puerto Rico's laws, while the federal Puerto Rico District Court also issues decisions affecting residents.
The application of US federal laws in Puerto Rico is complex. Most federal laws do apply, but there may be exceptions or variations. For example, individuals working with the federal government or doing business with them are subject to federal income taxes, while other residents pay federal payroll taxes and Commonwealth of Puerto Rico income taxes. Additionally, residents of Puerto Rico contribute to Social Security but are excluded from certain benefits like Supplemental Security Income (SSI).
The debate around Puerto Rico's political status has been ongoing, with some advocating for statehood, independence, or maintaining the status quo. Puerto Rico has voted for statehood in 2012 and 2017, but Congress has not yet taken action to grant statehood. The "Commonwealth" status, established in 1952, has created a separate political entity within the US Constitutional framework, with its own constitution and laws.
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Puerto Rico's constitutional rights
Puerto Rico is an unincorporated territory of the United States. While the US Constitution is the supreme law of the US, it does not fully apply in Puerto Rico. The US Supreme Court has ruled that only "'fundamental rights' under the federal constitution apply in Puerto Rico. However, the Court did not specify what these fundamental rights were. This has resulted in a selective and occasional use of "fundamental rights" to overturn local laws in Puerto Rico, without a consistent framework for their application.
The people of Puerto Rico have statutory citizenship, granted by an act of Congress, rather than by the Constitution. This means that while Puerto Ricans are US citizens, they are not guaranteed the rights outlined in the Constitution. The Jones-Shafroth Act of 1917, signed by President Wilson, granted Puerto Ricans citizenship. However, the Insular Cases established that Puerto Rico belonged to but was not a part of the US, and that birthright citizenship did not apply to those born in Puerto Rico.
Puerto Rico has its own constitution, ratified in 1952, which includes a bill of rights patterned on the US Bill of Rights. The Puerto Rico Constitution was drafted by a constitutional convention, with delegates representing various political parties, and approved by the people of Puerto Rico. It has nine articles and can be amended through a process outlined in Article Seven. The US Congress has also passed laws affecting Puerto Rico, such as the Federal statute P.L. 600 in 1950, which authorised the adoption of the local constitution.
The US Supreme Court has expressly extended certain amendments and clauses of the US Constitution to Puerto Rico, including the First, Fourth, Fifth, and Fourteenth Amendments, as well as the Due Process Clause and the Equal Protection Guarantee. The US District Court for the District of Puerto Rico also has Article III judges appointed under the US Constitution. These extensions of the US Constitution to Puerto Rico indicate a complex and evolving relationship between the two entities.
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Frequently asked questions
The US Constitution does not apply directly or uniformly in Puerto Rico, as Puerto Rico is not a US state but an unincorporated territory of the US. However, Puerto Rico is subject to certain "fundamental rights" under the US Constitution, including the First, Fourth, Fifth, and Fourteenth Amendments.
The specific "fundamental rights" that apply to Puerto Rico are not explicitly defined. However, they include the Eleventh Amendment, the Dormant Commerce Clause, the Privileges and Immunities Clause, and the right to equal justice.
Congress and/or the federal courts decide when and how these "fundamental rights" of US citizenship are applied in Puerto Rico. The US Supreme Court has also played a role in extending certain rights, such as the Double Jeopardy Clause.
Yes, Puerto Rico has its own constitution, which was ratified in 1952 and contains nine articles. The Puerto Rico Constitution was drafted by a constitutional convention and approved by the people of Puerto Rico, the President of the United States, and Congress.
Yes, amendments to the Puerto Rico Constitution must be proposed in the Puerto Rico legislature and require a two-thirds majority vote in each chamber to appear on a ballot. No amendment can abolish the Bill of Rights.
