Simone Lawson
Puerto Rico is an unincorporated territory of the United States. It has its own constitution, which was ratified in 1952 and contains nine articles. The Constitution of Puerto Rico establishes the structure for internal self-government, without altering the territory's fundamental relationship with the US. The US Constitution is the supreme law of the US, and federal laws apply to Puerto Rico. The US Congress is recognised as the sovereign power over Puerto Rico, and the island's constitution is bound by the US Constitution.
| Characteristics | Values |
|---|---|
| Status of Puerto Rico | unincorporated territory of the United States |
| Relationship with the US | bound by the US Constitution, subject to the territorial sovereignty and federal government of the US |
| Constitution | drafted by Puerto Rico, approved by the US Congress and President, and ratified by the Puerto Rican electorate |
| Amendments | approved by voters in referendums |
| Sovereignty | resides in the US Congress |
| Citizenship | US citizens |
| Bill of Rights | patterned on the US Bill of Rights |
| Representation | in the US Congress |
| Government | republican form |
| Law | subject to US federal law and the Puerto Rico Federal Relations Act |
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What You'll Learn
The Constitution of Puerto Rico
The United States government authorized Puerto Rico to draft its own constitution with the Puerto Rico Federal Relations Act of 1950. The Constitutional Assembly met for several months between 1951 and 1952 to write the document. The law required the framers to follow two basic requirements: a republican form of government and the inclusion of a Bill of Rights. The proposed constitution was approved by nearly 82% of voters in a popular referendum on March 3, 1952. The United States Congress and the President approved it, but required that the Article II (Bill of Rights), Section 20 (guaranteeing the right to education and various economic rights) be removed and that language be added to Section 5 of Article II allowing non-governmental schools. The Constitutional Convention of Puerto Rico reconvened and approved a resolution accepting these conditions, which were later ratified in a referendum held in November 1952.
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Puerto Rico's sovereignty
Puerto Rico is an unincorporated territory of the United States, which became a self-governing territory in 1952. It has been under the sovereignty of the United States since 1898, when it was ceded to the US under the Treaty of Paris, which ended the Spanish-American War. The Treaty of Paris expressly recognised the authority of Congress to determine the political status of Puerto Rico's inhabitants.
The Constitution of the Commonwealth of Puerto Rico, ratified in 1952, is the primary organising law for the territory, outlining the duties, powers, structures, and functions of the Puerto Rican government. It was drafted by a constitutional assembly, which met between 1951 and 1952, and was approved by nearly 82% of voters in a referendum. The US Congress and President also approved the constitution, with some conditions, which were accepted by the constitutional assembly.
The constitution establishes a framework for a republican form of government, with a bill of rights, and provides for internal self-government. However, Puerto Rico is subject to the sovereignty and jurisdiction of the US federal government, and all governmental powers are delegated by the US Congress. The head of state is the US President, and the US Congress retains the authority to determine the application of federal law to Puerto Rico. The US Supreme Court has ruled that, in criminal cases, sovereignty over Puerto Rico ultimately resides in the US Congress.
There has been a long-running debate about the political status of Puerto Rico, with some advocating for statehood, independence, or expanded autonomy. In 1994 and 2012, proposed constitutional amendments to address this issue were unsuccessful. In 2021, discussions were held on amending the constitution, but these were opposed by the governor. The United Nations Special Committee on Decolonization has also passed resolutions recognising Puerto Rico's right to self-determination, independence, and national sovereignty.
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The US Constitution's influence
Puerto Rico is an unincorporated territory of the United States. The US Constitution is the supreme law of the US and it applies to Puerto Rico, as well as other unincorporated US territories. The US Constitution outlines the citizenship status of people born in Puerto Rico and grants them US citizenship. It also provides for the representation of Puerto Rico in Congress.
The US government authorised Puerto Rico to draft its own constitution with the Puerto Rico Federal Relations Act of 1950. The Puerto Rican constitution was ratified in 1952 and contains nine articles. The US Congress and President approved it, but they required certain amendments to be made. The US Constitution served as a model for the Puerto Rican constitution, particularly with regard to the inclusion of a Bill of Rights. The Puerto Rican constitution also establishes a republican form of government, with legislative, judicial, and executive branches, as outlined in the US Constitution.
The US Constitution has had a significant influence on the political relationship between Puerto Rico and the US. The Territorial Clause of the US Constitution gives Congress the authority to determine the application of federal law to Puerto Rico. This has resulted in the "`Commonwealth`" structure for local self-government, where Puerto Rico has a degree of autonomy and independence associated with a State of the Union. However, the US Supreme Court has ruled that sovereignty over Puerto Rico ultimately resides in the US Congress, which has fuelled debates about the nature of the relationship and the constitutional stature of the Puerto Rican government.
Amendments to the Puerto Rican constitution must be proposed in the Puerto Rico legislature and require a two-thirds majority to appear on a ballot. The US Constitution's influence can be seen in the fact that no amendment may abolish the Bill of Rights. The US Supreme Court also has the authority to review cases that have been appealed from the Puerto Rico District Court or the Supreme Court of Puerto Rico, further emphasising the influence of the US Constitution on Puerto Rico's legal system.
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Puerto Rico's political status
Puerto Rico is an unincorporated territory of the United States. It is neither a sovereign country nor a state of the United States. The Constitution of the Commonwealth of Puerto Rico is the primary organising law for the territory, outlining the duties, powers, structures, and functions of the Puerto Rican government. It was ratified in 1952, and as the constitution of a US territory, it is bound by the US Constitution.
The people of Puerto Rico became US citizens after the territory was ceded to the US in 1898, following the Spanish-American War. The US Congress has the power to determine the citizenship status of people born in Puerto Rico, and it has extended the protection of a Bill of Rights to the territory. However, because Puerto Rico is an unincorporated territory, its residents are not covered by the full Bill of Rights.
The political status of Puerto Rico has been a subject of debate and discussion for decades. Since 1967, there have been seven referendums, or plebiscites, asking Puerto Ricans what type of relationship they want with the US. The options generally include independence, sovereignty in free association with the US, and statehood. While Puerto Ricans have voted to maintain their commonwealth status in the past, there is a growing interest in free association. However, it is important to note that free association does not guarantee the retention of US citizenship, and this status can be terminated by either party at any time.
The Puerto Rico Status Act is a significant development, as it allows the people of Puerto Rico to make an informed decision about their political future. The Act lays out a process for voters to choose their preferred option and requires Congress to respect the will of the majority. This includes authorising a federally-sponsored plebiscite to resolve Puerto Rico's political status and providing for an objective, nonpartisan voter education campaign.
The debate around Puerto Rico's political status is complex and ongoing, with various ideological rifts within the territory. While some seek to maintain or improve the current status towards becoming a more sovereign territory, others aspire for full incorporation as a US state or complete independence.
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Puerto Rico's relationship with the USA
Puerto Rico is an unincorporated territory of the United States. The island came under US sovereignty in 1898, following the Spanish-American War and the signing of the Treaty of Paris. The Treaty of Paris expressly recognised the authority of the US Congress to determine the political status of the territory and its inhabitants.
In 1917, the US Congress exercised its powers under the Territorial Clause of the US Constitution to grant US citizenship to people born in Puerto Rico. In 1946, the President appointed a Puerto Rican as governor for the first time, with the advice and consent of the Senate.
In 1948, the candidates for Governor and Resident Commissioner from Puerto Rico ran on a platform calling for the preservation of the relationship between Puerto Rico and the US. In the same election, candidates advocating for Puerto Rican statehood and independence were defeated. As a result, Congress introduced a bill to allow the people of Puerto Rico to organise a constitutional government. This became law on July 3, 1950, as the Puerto Rico Federal Relations Act of 1950.
The Act recognised the principle of government by consent and required that it be put to a referendum in Puerto Rico. The Act stipulated that the constitution must provide a republican form of government and include a Bill of Rights. The proposed constitution was approved by 65.08% of voters in the referendum in 1951. The US Congress and President approved the constitution in 1952, with some conditions. These conditions were accepted by the Constitutional Convention of Puerto Rico and ratified in a referendum later that year. The Constitution of Puerto Rico was proclaimed into effect by Governor Luis Muñoz Marín on July 25, 1952, now celebrated as Constitution Day.
The Constitution of Puerto Rico establishes a framework for the internal self-government of the territory, without altering its fundamental political, social, and economic relationship with the US. Puerto Rico remains subject to the sovereignty and federal government of the US, which is responsible for monetary policy, foreign relations, and defence, among other matters. The US Constitution is the supreme law in Puerto Rico, and most federal laws apply. Puerto Rico does not have the status of a "free association" with the US and is neither a sovereign country nor a US state.
There has been an ongoing debate about the legal status of Puerto Rico and the nature of its relationship with the US. In 1976, the US Supreme Court clarified that the intent of Congress in the 1950 and 1952 legislation was to grant Puerto Rico a degree of autonomy and independence comparable to that of a US state. However, a 2016 Supreme Court decision in the case of Puerto Rico v. Sanchez Valle incited further debate, as it was interpreted as an affirmation of the diminished constitutional stature of the Puerto Rican government. Proposed constitutional amendments in 1994 and 2012 were unsuccessful, and discussions over potential amendments continue.
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Frequently asked questions
Puerto Rico is an unincorporated territory of the United States and is subject to the territorial sovereignty and federal government of the United States. The Constitution of Puerto Rico, which was ratified in 1952, is bound by the Constitution of the United States.
Puerto Rico is neither a sovereign country nor a state of the United States. The Commonwealth of Puerto Rico was established in 1952, and it has its own constitution, which outlines the duties, powers, structures, and functions of the government of Puerto Rico. The relationship between Puerto Rico and the USA is one of "commonwealth", which means that Puerto Rico has a degree of autonomy and independence but is still subject to the authority of the US Congress under the Territorial Clause of the US Constitution.
Puerto Rico was ceded to the United States after the Spanish-American War in 1898, as per the Treaty of Paris. Since then, the US Congress has exercised its powers under the Territorial Clause of the US Constitution to determine the political status of Puerto Rico and extend US citizenship to its inhabitants. In 1950, Congress authorised Puerto Rico to draft its own constitution, which was approved by voters in a referendum in 1952.
