Isabella Carter
Puerto Rico gained its constitution in 1952, when it was proclaimed to be in effect by Governor Luis Muñoz Marín on July 25. The constitution was drafted by the Constitutional Assembly, which met between 1951 and 1952, and was approved by nearly 82% of voters in a referendum on March 3, 1952. The United States Congress and the President also approved it, and it was ratified in a second referendum in November 1952. The constitution establishes the Commonwealth of Puerto Rico as a government that derives its power from the people and is subordinate to the sovereignty of the people of Puerto Rico. It also establishes a republican form of government with legislative, executive, and judicial branches, and includes a Bill of Rights guaranteeing the rights of the citizens of Puerto Rico.
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What You'll Learn
The Puerto Rico Federal Relations Act of 1950
Puerto Rico gained its own constitution, the Constitution of Puerto Rico, on July 25, 1952, after the United States Congress passed the Puerto Rico Federal Relations Act of 1950. This act enabled the residents of Puerto Rico to organise the insular government of the unincorporated territory under a constitution of its own.
The Act allowed the residents of Puerto Rico to organise a government by consent, authorising the Legislative Assembly of Puerto Rico to call for a constitutional convention to draft a constitution for Puerto Rico. The Act required the framers to follow only two basic stipulations: a republican form of government and the inclusion of a Bill of Rights.
The proposed constitution was approved by 76.5% of voters in a referendum on March 3, 1952, and subsequently ratified by the 82nd US Congress with some amendments. The amended constitution was officially proclaimed on July 25, 1952, and immediately went into effect.
The Constitution of Puerto Rico
The Constitution of Puerto Rico established a republican form of government for the unincorporated territory, divided into three branches: legislative, executive, and judicial. The seat of the government was established as the city of San Juan.
The constitution also included a Bill of Rights, which outlined the most important rights held by the citizens of Puerto Rico. This Bill of Rights was mandated by the Puerto Rico Federal Relations Act of 1950, which provided for the people of Puerto Rico to adopt a constitution of their own.
The Constitution of Puerto Rico superseded the Jones-Shafroth Act of 1917 as the primary organic law for the local government of Puerto Rico and its relation with the United States. It established that the political power of Puerto Rico emanates from the people and shall be exercised in accordance with their will, within the terms of the compact agreed upon between the people of Puerto Rico and the United States.
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The Constitutional Assembly
The proposed constitution was approved by 82% of voters in a referendum on 3 March 1952. The US Congress and the President also approved it, but with some conditions. These included the removal of Article II, Section 20, which guaranteed the right to education and various economic rights, and the addition of language to Section 5 of Article II to allow non-governmental schools.
The Constitutional Convention of Puerto Rico reconvened on 10 July 1952 and approved a resolution accepting these conditions, which were later ratified in a referendum in November 1952. On 25 July 1952, Governor Luis Muñoz Marín proclaimed that the constitution was in effect.
The constitution established a government for the unincorporated territory of Puerto Rico, which was to be named the Commonwealth of Puerto Rico. It declared that the power of the government emanated from the people and established a Republican form of government with legislative, executive, and judicial branches. The constitution also specified the territorial jurisdiction of the document and the seat of the new government in the city of San Juan.
The Bill of Rights, or Carta de Derecho, outlined the most important rights held by the citizens of Puerto Rico. It was mandated by Public Law 81-600, which provided for the people of Puerto Rico to adopt a constitution of their own, including a Bill of Rights.
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The referendum
The Constitutional Assembly, comprising 92 delegates representing the Popular Democratic, Statehood, and Socialist parties, met from September 1951 to February 1952 to draft the constitution. The document was published in both English and Spanish in the four daily newspapers of Puerto Rico.
The proposed constitution established a republican form of government for Puerto Rico, with legislative, executive, and judicial branches. It also included a Bill of Rights, guaranteeing the civil rights and liberties of the citizens of Puerto Rico.
Following the referendum, the United States Congress and the President approved the constitution, with some conditions. These conditions were accepted by the Constitutional Convention of Puerto Rico in July 1952 and later ratified in a referendum held in November 1952. On 25 July 1952, Governor Luis Muñoz Marín proclaimed that the constitution was in effect.
The constitution of Puerto Rico remains a subject of ongoing debate, with some seeking greater sovereignty and independence from the United States. Despite the adoption of the constitution, Puerto Rico remains an unincorporated territory of the United States, with a unique political status that is neither a sovereign country nor a state of the United States.
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The constitution's adoption
Puerto Rico's journey towards gaining its constitution began in 1948 when 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 United States, and for the adoption of a constitution of Puerto Rico's own drafting. In 1950, Congress enacted the Puerto Rico Federal Relations Act, which authorized Puerto Rico to adopt a constitution defining its internal governance structure.
On June 4, 1951, 65.08% of the qualified voters of Puerto Rico participated in a referendum, and 76.5% of those voting approved the act. On August 27, 1951, ninety-two delegates were elected to a constitutional convention, representing the Popular Democratic, the Statehood, and the Socialist parties. The convention met from September 17, 1951, to February 5, 1952, and produced a constitution.
The proposed constitution was approved by nearly 82% of the 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. On July 10, 1952, the Constitutional Convention of Puerto Rico reconvened and approved a resolution accepting those conditions, which were later ratified in a referendum held in November 1952.
On July 25, 1952, Governor Luis Muñoz Marín proclaimed that the constitution was in effect. The constitution, ratified in 1952, contains nine articles, most of which describe the framework of the government in Puerto Rico. Article One establishes the new government for the unincorporated territory, which shall be named the Commonwealth of Puerto Rico. It declares that the power of the government comes from the people and establishes a Republican form of government, divided into three branches (legislative, executive, and judicial). Article Two is titled the Bill of Rights, which lists the most important rights held by the citizens of Puerto Rico. Article Four gives each house broad powers on how to structure itself and which procedures it must follow. It establishes the posts of President of the Senate and Speaker of the House and states that the sessions of each house must be open and that they should meet in the Capitol of Puerto Rico.
The constitution also establishes the government's structure, with the territory's executive power held by the governor of Puerto Rico, elected every four years by direct popular vote. The governor has a constitutional cabinet, with secretaries appointed by the governor and confirmed with the advice and consent of the Puerto Rican Senate. The legislative power is vested in a bicameral territorial legislature, composed of the Senate as the upper house and the House of Representatives as the lower house. The number of legislators can be increased under certain circumstances to prevent a super-majority in either house. The judicial power is exercised by the Supreme Court of Puerto Rico and the lower courts created by the legislative assembly.
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The constitution's enactment
The Constitution of Puerto Rico was enacted in 1952, but the process of gaining its own constitution began several years earlier. 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 United States and the adoption of a constitution drafted by Puerto Rico itself. This was in accordance with the wishes of the people of Puerto Rico, who had demonstrated sufficient political advancement to enable them to make an informed judgment about their desired political destiny.
In 1950, the United States Congress enacted the Puerto Rico Federal Relations Act, which authorized Puerto Rico to adopt a constitution defining its internal governance structure. The only stipulations made by Congress regarding the content of the constitution were that it should provide a republican form of government and include a Bill of Rights.
A constitutional convention was held from September 1951 to February 1952, during which a constitution was drafted. The proposed constitution was then approved by nearly 82% of voters in a referendum on March 3, 1952. The United States Congress and the President also approved it, with some conditions, including the removal of Article II, Section 20, which guaranteed the right to education and various economic rights. The Constitutional Convention of Puerto Rico reconvened and accepted these conditions, which were ratified in a referendum in November 1952.
On July 25, 1952, Governor Luis Muñoz Marín proclaimed that the constitution was in effect. The constitution established a republican form of government for the unincorporated territory of Puerto Rico, with legislative, executive, and judicial branches. It also included a Bill of Rights, which outlined the civil rights and liberties held by the citizens of Puerto Rico. The constitution also established the structure of the territorial legislature, with a Senate as the upper house and a House of Representatives as the lower house, and specified the composition of each house.
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Frequently asked questions
Puerto Rico gained its constitution on July 25, 1952, when Governor Luis Muñoz Marín proclaimed that it was in effect.
Puerto Rico's constitution defines its internal governance structure, outlining the rights of its citizens and establishing a republican form of government. The constitution also sets out the territory's relationship with the United States, recognising Puerto Rico as an unincorporated territory of the US.
In 1948, 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 United States, and for the adoption of a constitution of Puerto Rico's own drafting. In 1950, the US Congress enacted the Puerto Rico Federal Relations Act, authorising Puerto Rico to adopt a constitution. A constitutional convention was held from September 1951 to February 1952, and a proposed constitution was approved by voters in a referendum on March 3, 1952. The US Congress and President approved the constitution, with some amendments, and the Constitutional Convention of Puerto Rico accepted these conditions.
