Eleanor Finch
Puerto Rico is an unincorporated territory of the United States with its own constitution, which was ratified in 1952. The US Supreme Court has ruled that the US Constitution does not apply directly or uniformly in Puerto Rico, except for fundamental rights. These rights have not been clearly defined, and the Supreme Court has upheld federal laws in Puerto Rico that violate basic citizenship rights. The Puerto Rico Constitution contains nine articles, most of which describe the framework of the island's government. Article Two outlines individual rights, including freedom of speech, freedom of the press, freedom of assembly, and the right to an education, which are also covered in the US Constitution.
| Characteristics | Values |
|---|---|
| Constitution | The Constitution of the Commonwealth of Puerto Rico is the primary organizing law for the unincorporated U.S. territory of Puerto Rico |
| Territory | Puerto Rico is an unincorporated territory of the U.S. |
| Self-government | Puerto Rico has its own constitution, government, and laws |
| U.S. Constitution | The U.S. Constitution applies to Puerto Rico only in “fundamental rights,” which have been set by the courts and legislature and are subject to change |
| U.S. laws | Some U.S. laws, such as the Foraker Act of 1900, the Jones Act of 1917, and Public Law 600, apply to Puerto Rico |
| U.S. citizenship | Congress has granted U.S. citizenship to Puerto Rico |
| Government | The government of Puerto Rico has a tripartite form, with an elected governor, a bicameral legislature, and a judicial branch |
| Rights | The Puerto Rico Constitution includes a Bill of Rights that resembles the U.S. Constitution's Bill of Rights |
| Amendments | The Puerto Rico Constitution can be amended through a process outlined in Article Seven |
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What You'll Learn
The US Constitution and Puerto Rico's self-governance
Puerto Rico has its own constitution, which was ratified in 1952. The Constitution of the Commonwealth of Puerto Rico is the primary organising law for the unincorporated US territory of Puerto Rico. It describes the duties, powers, structures and functions of the government of Puerto Rico in nine articles. Most of the articles describe the framework of the government in Puerto Rico, but Article Two outlines numerous individual rights. This Bill of Rights resembles the Bill of Rights in the US Constitution.
The constitution establishes a tri-partite form of government, with a popularly elected governor, a popularly elected bi-cameral legislature and a judicial branch. It also established the composition of each house, and that Puerto Rico must be divided into senatorial and representative districts for the purpose of elections.
The people of Puerto Rico are not guaranteed the rights outlined in the US Constitution, but some "fundamental rights" defined in the US Constitution have been recognised legally in Puerto Rico. The Supreme Court decided in the Insular Cases that Puerto Rico was covered only in "fundamental rights" under the Constitution, but these fundamental rights were not specified. Congress and/or the federal courts must determine when and how these fundamental rights are applied.
Puerto Rico's status under US domestic law has been influenced by the Foraker Act of 1900, the Jones Act of 1917, and Public Law 600, which constitute measures to implement Article IX of the Treaty of Paris. The Treaty of Paris was adopted by Congress in the exercise of its plenary authority over unincorporated territories under the Territorial Clause.
The new constitutional arrangements in Puerto Rico are subject to the applicable provisions of the US Constitution, and the new local self-government is to be administered consistently with the Federal structure of the US government.
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Puerto Rico's Constitution and US Congress
Puerto Rico has its own constitution, which was ratified in 1952. The Constitution of the Commonwealth of Puerto Rico is the primary organising law for the unincorporated US territory of Puerto Rico. It outlines the duties, powers, structures, and functions of the Puerto Rican government in nine articles. Most of these articles describe the framework of the government, while Article Two outlines individual rights. This Bill of Rights is similar to the US Constitution's Bill of Rights.
The Puerto Rican Constitution was drafted by 92 delegates, elected to a constitutional convention on 27 August 1951. Of these, 70 belonged to the Popular Democratic Party, 15 to the Republican Statehood Party, and 7 to the Puerto Rican Socialist Party. The delegates established 10 permanent committees: seven dealing with constitutional matters and three with the assembly's internal operations.
The constitution was submitted for adoption or rejection on 3 March 1952. Of the 783,610 qualified voters, 457,562 participated in the referendum, with 76.5% approving the act. On 25 July 1952, the Governor of Puerto Rico proclaimed the establishment of the Commonwealth of Puerto Rico under the new constitution.
The constitution establishes a tri-partite form of government, with a popularly elected governor, a popularly elected bicameral legislature, and a judicial branch. It also dictates that Puerto Rico must be divided into senatorial and representative districts for elections, with the number of members of each house increasing when a political party obtains more than two-thirds of the seats.
While Puerto Rico has its own constitution and laws, the territory is still subject to the provisions of the US Constitution and laws that apply to it. The US Supreme Court has ruled that only "fundamental rights" under the US Constitution apply in Puerto Rico, but these rights have not been explicitly defined. Congress and the federal courts have the power to determine when and how these fundamental rights are applied in Puerto Rico.
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Puerto Rico's Constitution and US Supreme Court
The Constitution of the Commonwealth of Puerto Rico is the primary organising law for the unincorporated US territory of Puerto Rico. It outlines the duties, powers, structures, and functions of the government of Puerto Rico in nine articles. The Puerto Rico Constitution was ratified in 1952 and is similar in structure to a state constitution. It establishes a tri-partite form of government, with a popularly elected governor, a popularly elected bi-cameral legislature, and a judicial branch.
The process for drafting the constitution began in 1951, when the people of Puerto Rico voted in a referendum to write their own constitution. 92 individuals were then elected as delegates to a constitutional assembly, representing the Popular Democratic, the Statehood, and the Socialist parties. The final constitution was submitted for adoption or rejection in March 1952. Of the 783,610 qualified voters, 457,562 participated in the referendum, and the constitution was approved. On July 25, 1952, the Governor of Puerto Rico proclaimed the establishment of the Commonwealth of Puerto Rico under the new constitution.
Article Two of the Puerto Rico Constitution outlines individual rights and resembles the Bill of Rights in the US Constitution. However, it is important to note that the US Supreme Court has ruled that only "fundamental rights" under the US Constitution apply in Puerto Rico, without specifying what those rights are. This has resulted in uncertainty and has left the interpretation of these rights to Congress and the federal courts.
Puerto Rico's status as an unincorporated territory of the US means that Congress has the power to exercise jurisdiction over its territories. Congress has granted US citizenship to Puerto Ricans and established a local territorial government to administer civil affairs. As a result, some "fundamental rights" defined in the US Constitution have been legally recognised in Puerto Rico, but the full rights outlined in the Constitution do not apply.
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Puerto Rico's Constitution and US Federal Courts
Puerto Rico has its own constitution, which was ratified in 1952. The Constitution of the Commonwealth of Puerto Rico is the primary organising law for the unincorporated US territory of Puerto Rico. It describes the duties, powers, structures, and functions of the government of Puerto Rico in nine articles. Most of the articles describe the framework of the government in Puerto Rico, while Article Two outlines individual rights. This Bill of Rights is similar to the US Constitution's Bill of Rights.
The Puerto Rico Constitution was drafted by 92 delegates, elected to a constitutional assembly on 27 August 1951. The delegates represented the Popular Democratic, the Statehood, and the Socialist parties. The constitution was submitted for adoption or rejection on 3 March 1952, and of the 783,610 qualified voters, 457,562 participated in the referendum. On 25 July 1952, the Governor of Puerto Rico proclaimed the establishment of the Commonwealth of Puerto Rico under the new constitution. The constitution establishes a tri-partite form of government, with an elected governor, a bi-cameral legislature, and a judicial branch.
The US Supreme Court has ruled that only "fundamental rights" apply in Puerto Rico under the US Constitution. However, these fundamental rights were not explicitly defined, and so they have been determined by Congress and the federal courts. As such, some "fundamental rights" defined in the US Constitution have been legally recognised in Puerto Rico.
Puerto Rico's status under US domestic law has been influenced by measures such as the Foraker Act of 1900, the Jones Act of 1917, and Public Law 600, which were implemented to fulfil Article IX of the Treaty of Paris. Additionally, the US has notified the UN that Puerto Rico's new constitutional arrangements are subject to the applicable provisions of the US Constitution and that the precise legal nature of their relationship is subject to judicial interpretation in US courts.
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Puerto Rico's Constitution and US Citizenship
Puerto Rico is an unincorporated territory of the United States, and its constitution is the primary organising law for the territory. The Puerto Rico Constitution was ratified in 1952 and contains nine articles, most of which describe the framework of the territory's government. The constitution establishes a tri-partite form of government, with an elected governor, a bi-cameral legislature, and a judicial branch.
Article Two of the Puerto Rico Constitution outlines individual rights and includes a Bill of Rights that resembles the U.S. Constitution's Bill of Rights. While the Supreme Court has ruled that the "fundamental rights" outlined in the U.S. Constitution apply in Puerto Rico, the specific rights have not been explicitly defined. As a result, Congress and the federal courts have the power to determine when and how these rights are applied in the territory.
The process for amending the Puerto Rico Constitution is outlined in Article Seven, which states that an amendment must be proposed in the Puerto Rico legislature and will appear on a ballot if two-thirds of the members of each chamber approve.
The relationship between the U.S. Constitution and Puerto Rico is complex. While Puerto Rico is subject to the provisions of the U.S. Constitution and federal laws, the territory has a degree of autonomy in its internal affairs and administration. The people of Puerto Rico have been granted U.S. citizenship, and the territory has its own local territorial government to administer civil affairs. However, Puerto Rico is not guaranteed all the rights outlined in the U.S. Constitution, and its political status is subject to judicial interpretation in U.S. courts.
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Frequently asked questions
The US Constitution applies to Puerto Rico in terms of "fundamental rights", as decided by the Supreme Court. However, these fundamental rights have not been explicitly defined, and they are subject to change as they are determined by Congress and the federal courts.
The Constitution of Puerto Rico is the primary law that outlines the duties, powers, structures, and functions of the government of Puerto Rico. It was ratified in 1952 and consists of nine articles, including a Bill of Rights that resembles the US Constitution's.
Puerto Rico is an unincorporated US territory, and its relationship with the US government is subject to judicial interpretation in US courts. The US Congress has granted US citizenship to Puerto Rico and established a local territorial government to manage the territory's civil affairs.
The Constitution of Puerto Rico establishes a tripartite form of government, consisting of a popularly elected governor, a bicameral legislature, and a judicial branch. The legislature can propose amendments to the constitution, which will appear on a ballot if two-thirds of the members of each chamber vote in favour.
