Simone Lawson
Puerto Rico has been a US territory since 1898, when the Treaty of Paris formally ended the Spanish-American War and Spain ceded Puerto Rico to the United States. While Puerto Ricans have been US citizens since 1917, the island's status has still not been determined, and its residents do not have voting representation in their national government. The ultimate political status of Puerto Rico has been a political issue for over half a century, featuring in almost every major party platform since 1940. In 1952, a local constitution was approved, allowing a certain degree of self-government. The new Constitution of the Commonwealth of Puerto Rico, which entered into force on July 25, 1952, was developed by the people of Puerto Rico and their elected representatives, conforming with their wishes as expressed in popular referendums and elections.
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What You'll Learn
The Treaty of Paris, 1898
The Treaty of Paris, signed on December 10, 1898, was a peace agreement between the United States and Spain that formally ended the Spanish-American War. The treaty resulted in Spain's loss of control over the remains of its overseas empire and marked the end of Spanish imperialism. It also established the United States as a world power with strategic territorial possessions stretching from the Caribbean to the Pacific.
Under the terms of the treaty, Spain relinquished its sovereignty and title to several territories, including the island of Puerto Rico, to the United States. This transfer of sovereignty marked the beginning of Puerto Rico's long and complex relationship with the United States. While Puerto Rico gained a certain degree of autonomy under US rule, it remained under the sovereignty of the United States under the Territorial Clause of the US Constitution.
The Spanish-American War began on April 25, 1898, due to a series of escalating disputes between Spain and the United States. The first battle took place on May 1, 1898, in Manila Bay, where US naval forces defeated the Spanish armada defending the Philippines. Between June 10 and June 24, US troops invaded Cuba at Guantanamo Bay and Santiago de Cuba, and by July 3, the Spanish Caribbean armada had been destroyed. On July 26, the Spanish government requested peace negotiations with the McKinley administration.
On August 12, 1898, a ceasefire was declared, and it was agreed that peace negotiations would take place in Paris, with both sides appointing commissioners to negotiate a treaty of peace. The treaty was signed on December 10, 1898, and it came into effect on April 11, 1899, after the exchange of documents of ratification. While the treaty was supported by Republicans and some Democrats, it was also strongly opposed by those who viewed it as instituting an unconstitutional policy of American "imperialism".
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Puerto Rico's status as a US territory
Puerto Rico's political status has been a subject of debate and negotiation for over a century, with the island's residents seeking self-governance and autonomy. In 1900, the first organic act for Puerto Rico was enacted by the US Congress, marking the beginning of a steady progression towards self-governance. This progression continued with the passage of the Jones Act in 1917, which granted Puerto Ricans US citizenship, further integrating the island into the US political system. However, it is important to note that the extension of citizenship did not equate to statehood, as clarified by President William Howard Taft in 1912.
The Puerto Rican people have actively campaigned for legal reform and greater self-governance throughout the 20th century. In 1946, Jesús T. Piñero became the first Puerto Rican native to be appointed governor, and the following year, the US Congress passed an act allowing Puerto Ricans to elect their governor by popular vote. These steps towards self-governance culminated in the establishment of the Commonwealth of Puerto Rico on July 25, 1952, when Congress approved a local constitution, granting Puerto Rico a significant degree of self-governance while still remaining a US territory.
Despite these advancements, the ultimate political status of Puerto Rico remains unresolved. Puerto Rico's status as a US territory has been described as "colonial," and the island's 3.9 million residents do not have voting representation in their national government. Both major US political parties, the Democratic and Republican parties, have expressed support for Puerto Rico's right to self-determination, with the Republicans historically supporting statehood and the Democrats advocating for broader self-determination.
The status of Puerto Rico is a complex issue with historical, political, and social implications. While Puerto Rico has achieved a measure of self-governance, its position as a US territory and the lack of voting representation remain key aspects of the ongoing debate surrounding its political status.
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The Foraker Act, 1900
Puerto Rico was a Spanish colony until 1898 when the United States seized the island at the end of the Spanish-American War. The Treaty of Paris, which formally ended the war, resulted in Spain relinquishing Puerto Rico to the United States.
The Foraker Act, officially known as the Organic Act of 1900, was a United States federal law that established a civilian government in Puerto Rico. The act was signed into law by President William McKinley on April 12, 1900, and was named after its sponsor, Ohio Senator Joseph B. Foraker. Its main author has been identified as Secretary of War Elihu Root.
The Foraker Act instituted a new government in Puerto Rico, which included a governor and an 11-member executive council appointed by the President of the United States, a House of Representatives with 35 elected members, a judicial system with a Supreme Court and a United States District Court, and a non-voting Resident Commissioner in Congress. Additionally, all federal laws of the United States were to be in effect on the island. The act also established Puerto Rican citizenship and extended American nationality to Puerto Ricans, stating that they were "entitled to the protection of the United States".
The Foraker Act was a significant step towards self-government for Puerto Rico, but it did not go far enough for many of the island's residents, who wanted more local autonomy and self-determination. The act was superseded in 1917 by the Jones-Shafroth Act, which granted U.S. citizenship to Puerto Ricans but fell short of granting the full measure of self-determination that had been demanded.
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The Jones Act, 1917
Puerto Rico became a colony of the United States in 1898 after the Spanish-American War. Before this, Puerto Rico was an autonomous province of Spain with a high degree of self-governance. The Jones Act, also known as the Jones-Shafroth Act, was signed into law by President Woodrow Wilson on March 2, 1917. The Act granted U.S. citizenship to anyone born in Puerto Rico on or after April 11, 1899, and established a bill of rights for Puerto Ricans. It also created the Senate of Puerto Rico and authorized the election of a Resident Commissioner to a four-year term. The Act restructured Puerto Rico's government, separating powers among executive, judicial, and legislative branches. This structure paralleled that of a U.S. state, with the governor of Puerto Rico and the U.S. executive branch authorized to veto or override any law enacted by the Puerto Rican legislature.
The Jones Act superseded the Foraker Act, which had designated Puerto Rico as an unorganized territory of the United States and given it limited self-government. While the Jones Act granted U.S. citizenship and certain civil rights to Puerto Ricans, it did not provide for self-determination or full autonomy. The political status of Puerto Rico has remained unresolved, and its residents do not have voting representation in their national government.
The passage of the Jones Act had significant consequences for Puerto Rico and its people. One notable impact was the mass migration of Puerto Ricans to the U.S. mainland, particularly to New York State. Within about two decades of the Act's passage, there were nearly 70,000 Puerto Ricans on the mainland. Additionally, the Act led to the conscription of Puerto Ricans into the U.S. military, with around 20,000 serving in World War I and 65,000 in World War II.
In the years following the enactment of the Jones Act, there were efforts by Puerto Ricans to reform the island's political status and gain greater autonomy. In 1946, Jesús T. Piñero became the first Puerto Rican native to be appointed governor. In 1947, a U.S. Congress act gave Puerto Ricans the right to elect their governor by popular vote. The island adopted a constitution in 1952, establishing Puerto Rico as a commonwealth with greater autonomy. This constitution provided for a governor with sole veto power and removed the U.S. president's ability to appoint government officials.
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The Commonwealth of Puerto Rico, 1952
Puerto Rico has been a territory of the United States since the end of the Spanish-American War in 1898. The Treaty of Paris, which formally ended the war, resulted in Spain relinquishing Puerto Rico to the United States.
In 1946, Jesús T. Piñero was appointed governor—the first Puerto Rican native to hold this position. A year later, the U.S. Congress passed an act that gave Puerto Ricans the right to elect their governor by popular vote. This was followed by the Puerto Rico Commonwealth Bill, which paved the way for a Puerto Rican constitution.
On April 22, 1952, the President transmitted the constitution to Congress, which approved it by Public Law 447, 82d Cong. (66 Stat. 327), signed by the President on July 3, 1952. On July 25, 1952, after final ratification by the constitutional convention, the Governor of Puerto Rico proclaimed the establishment of the Commonwealth of Puerto Rico under the new constitution.
The 1952 Constitution established a tripartite form of government, with a popularly elected governor, a popularly elected bicameral legislature, and a judicial branch. The constitution also gave the Commonwealth the power to impose and collect taxes and to contract debts. While the 1952 Constitution granted Puerto Rico a certain degree of self-governance, it did not change the island's legal status as a territory of the United States.
The Commonwealth of Puerto Rico, as established by the 1952 Constitution, has a republican form of government. The political authority of the Commonwealth extends to the Island of Puerto Rico and the adjacent islands within its jurisdiction, with the city of San Juan as its seat of government. The Constitution guarantees the fundamental rights of its citizens, including equality before the law, universal suffrage, and protection against discrimination on various grounds. It also outlines the duties of the government in promoting economic development and ensuring the liberty of its citizens.
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Frequently asked questions
The Treaty of Paris, which formally ended the Spanish-American War on December 10, 1898, resulted in Spain relinquishing Puerto Rico to the United States.
Puerto Rico became a colony and territory of the United States in 1898.
Puerto Rico was effectively ruled by a military governor appointed by the US President. The Foraker Act of 1900 gave Puerto Rico a 35-member House of Representatives and a judicial system, but the US still appointed the governor and Upper House.
Yes, in 1946, Jesús T. Piñero was appointed governor—the first native Puerto Rican to hold this position. In 1947, the US Congress allowed Puerto Ricans to elect their own governor by popular vote. A new constitution was approved by the US government in 1952, and Puerto Rico gained a "full measure of self-government".
Puerto Rico is still a territory of the United States and has been for over a century. While it has some self-governance, it does not have voting representation in the national government. The ultimate political status of Puerto Rico is still undetermined, with ongoing debates about independence, statehood, and self-determination.
