Simone Lawson
The Constitution of Puerto Rico was approved by the Constitutional Convention of Puerto Rico on February 6, 1952, and ratified by the people of Puerto Rico on March 3, 1952. The document was proclaimed by the Governor of Puerto Rico to be in force and effect on July 25, 1952. The Constitution establishes a tri-partite form of government, with a popularly elected governor, a popularly elected bicameral legislature, and a judicial branch. The rights set forth in the Constitution are closely connected with the progressive development of the economy of the Commonwealth.
| Characteristics | Values |
|---|---|
| Date of approval by the Constitutional Convention | 2 February 1952 |
| Date of ratification by the people of Puerto Rico | 3 March 1952 |
| Date of approval by Congress | 3 July 1952 |
| Date of proclamation by the Governor of Puerto Rico | 25 July 1952 |
| Date of referendum for Resolution 34 | 4 November 1952 |
| Date of constitutional convention | 17 September 1951 |
| Date of referendum for sections 731b to 731e of the US Code | 4 June 1951 |
| Date of referendum for writing constitution | 12 August 1951, 4 November 1952 |
| Number of delegates elected to the constitutional assembly | 92 |
| Number of delegates from the Popular Democratic Party (PPD) | 70 |
| Number of delegates from the Republican Statehood Party | 15 |
| Number of delegates from the Puerto Rican Socialist Party | 7 |
| Number of permanent committees established | 10 |
| Number of committees dealing with constitutional matters | 7 |
| Number of committees dealing with the assembly's internal operations | 3 |
| Number of articles in the constitution | 9 |
| Number of sections in Article III | 19 |
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What You'll Learn
The Puerto Rico Constitution was ratified in 1952
The journey towards a constitution for Puerto Rico began in 1950 when the US Congress passed a law recognising the right of the Puerto Rican people to organise their own government under a constitution of their adoption. This law, known as Public Law 600, set in motion the process of drafting the Puerto Rico Constitution. On September 17, 1951, a constitutional convention convened in San Juan, with 92 delegates elected by the people of Puerto Rico to represent various political parties. These delegates, known as the founding fathers of the Commonwealth of Puerto Rico, established committees to work on different aspects of the constitution.
The constitutional convention concluded its deliberations on February 6, 1952, and presented the draft constitution to the people of Puerto Rico. On March 3, 1952, the constitution was ratified by the people of Puerto Rico in a referendum. This ratification marked a crucial moment as it demonstrated the exercise of self-determination by the Puerto Rican people, who had lacked local autonomy before 1952.
The constitution established a republican form of government, divided into three branches: legislative, executive, and judicial. It also included a bill of rights, modelled on the US Bill of Rights, which guaranteed fundamental rights and outlined prohibited forms of discrimination. The document specifically established that "the dignity of the human being is inviolable" and that "all men are equal before the law."
While the 1952 constitution provided a framework for self-governance, it did not alter Puerto Rico's status as an unincorporated territory of the United States. The island had become a US colony in 1898 after the Spanish-American War, and the subsequent Treaty of Paris transferred colonial control to Washington. The constitution, therefore, operated within the context of Puerto Rico's relationship with the US, and the US Congress retained the authority to approve the constitution and any future amendments.
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The US President's role in the constitution
The Constitution of Puerto Rico was drafted in 1951, twelve weeks after the people of Puerto Rico approved writing their own constitution in a referendum. The constitution was ratified in a referendum held on November 4, 1952.
The US President had a significant role in the Puerto Rican Constitution's creation and approval. Firstly, the President had to approve the constitution for it to become effective. This approval authority gave the President substantial influence over the content and scope of the constitution.
Secondly, the President had the power to appoint the governor of Puerto Rico, the justices of the supreme court, the heads of the departments of justice and education, and the auditor. This authority over key government positions allowed the President to shape the Puerto Rican government's composition and policy direction.
Thirdly, the President had the authority to veto legislation passed by the Puerto Rican legislature. If the governor did not approve a bill passed by the legislature, it would not become law unless the President approved it. This veto power gave the President substantial influence over the policy-making process in Puerto Rico.
It is important to note that the President's role in the Puerto Rican Constitution has evolved over time. For example, the President no longer appoints members of the executive branch, and the US Senate does not participate in appointing any officials in the Puerto Rican government.
The Puerto Rican Constitution also establishes the territory's relationship with the United States. It grants Puerto Ricans US citizenship and ensures their rights under the US Bill of Rights. However, it is important to note that Puerto Ricans who live on the island cannot vote in US federal elections, including presidential elections, as set forth in the US Constitution. This limitation on voting rights has been a subject of debate, with various movements advocating for different statuses for Puerto Rico, including maintaining the status quo, independence, or becoming a US state.
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The bill of rights
The Constitution of Puerto Rico was drafted in 1951 and ratified in 1952. It establishes a tri-partite form of government, with a popularly elected governor, a bi-cameral legislature, and a judicial branch. The people of Puerto Rico elect both houses of their legislature, and the popularly elected upper house advises and consents to the governor's appointment of justices of the lower courts. The constitution also establishes that the source of the power of the government comes from the people.
The Puerto Rican Constitution has been in operation for over six decades, and there have been calls for an examination of its meaning today, as much has occurred that could not have been anticipated when it was drafted.
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The constitution's economic implications
The Constitution of Puerto Rico was drafted in 1951 and ratified in 1952. The constitution establishes a tripartite form of government, with a popularly elected governor, a popularly elected bicameral legislature, and a judicial branch. It also provides for a bill of rights, which includes economic rights and protections.
The economic implications of the Puerto Rican Constitution are significant and far-reaching. Firstly, the constitution establishes the Commonwealth of Puerto Rico as a political entity, with the power to impose and collect taxes and to contract debts. This fiscal autonomy is a key aspect of the Commonwealth's self-governance and economic management.
Secondly, the constitution guarantees certain economic rights and protections for the citizens of Puerto Rico. It states that "the dignity of the human being is inviolable" and that "all men are equal before the law." These fundamental principles have been interpreted as granting a wide range of rights, including the right to be free from discrimination on the basis of race, colour, sex, birth, social origin, or political or religious ideas. These rights have important economic implications, as they protect individuals from economic exploitation or discrimination and promote equal economic opportunities.
Furthermore, the constitution places a duty on the government of Puerto Rico to promote the "progressive development of the economy" and the "greatest possible expansion of the system of production." This includes promoting fair distribution, individual initiative, and collective cooperation. The executive and judicial branches are tasked with upholding these principles and interpreting laws in a manner that fulfils this duty.
The constitution also has implications for Puerto Rico's economic relationship with the United States. While the island is a US territory and its residents are US citizens, they do not have full representation in Congress and are not covered by the full American Bill of Rights. Additionally, Puerto Ricans are subject to US federal taxes but are generally exempt from federal income taxes. This unique status has economic consequences for the island, including the level of federal involvement in its financial affairs.
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The sovereignty of Puerto Rico
In the 1950s, Resident Commissioner Antonio Fernós-Isern pursued a process that allowed Puerto Rico to draft its own Constitution and adopt a new political system. This led to the creation of the Commonwealth of Puerto Rico, with its own constitution, government, and bill of rights. However, the Commonwealth status was not considered a fully sovereign state, and dissatisfaction with Puerto Rico's political status has persisted.
The free association movement in Puerto Rico, also known as "sovereigntism" or "soberanismo", aims to redefine the relationship between Puerto Rico and the United States as a compact with full sovereignty. Early proposals for sovereign association emerged in the 1880s and 1920s but failed to gain traction. Later projects, such as the Aspinall Project, also struggled to advance due to opposition from conservative forces and the U.S. military, particularly during the Cold War.
The debate over Puerto Rico's sovereignty has continued into the 21st century, with plebiscites held in 1998 and 2020 to determine the island's preferred political status. In the 1998 plebiscite, the "none of the above" option won a majority of 50.3%commonwealth status, statehood, or independence.
Some argue that supporting Puerto Rico's transition to sovereignty is not only a matter of justice but also of strategic interest for the United States. A sovereign Puerto Rico could be a valuable ally and trade partner in the Caribbean, enhancing U.S. influence while supporting self-governance and national identity for Puerto Ricans.
The unresolved status of Puerto Rico is an ongoing issue that affects both Puerto Ricans and Americans, and there are increasing calls for the U.S. administration to take action and set Puerto Rico on a clear path toward sovereignty.
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Frequently asked questions
The Puerto Rican Constitution was written in 1951 and approved by the Constitutional Convention of Puerto Rico on February 6, 1952.
92 individuals were elected as delegates to a constitutional assembly on August 27, 1951. 70 of these belonged to the Popular Democratic Party (PPD), 15 to the Republican Statehood Party, and 7 to the Puerto Rican Socialist Party.
The Puerto Rican Constitution was ratified by the people of Puerto Rico on March 3, 1952, and approved by Congress by Joint Resolution on July 3, 1952. It was then proclaimed by the Governor of Puerto Rico to be in force and effect on July 25, 1952.
The Puerto Rican 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 includes a bill of rights patterned on the bill of rights of the United States Constitution.
