Anaya Nolan
Puerto Rico is a self-governing commonwealth in association with the United States, with its own constitution, government, and laws. However, its status as an unincorporated territory of the US means that federal laws, including the US Constitution, also apply to Puerto Rico. This complex political status has led to ongoing debates and efforts to define Puerto Rico's sovereignty and relationship with the US, with implications for the applicability of US laws and the extent of Puerto Rico's autonomy in making its own laws.
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What You'll Learn
Puerto Rico's sovereignty and independence
Puerto Rico has been a territory of the United States since the end of the Spanish-American War in 1898. Despite this long history, Puerto Rico has not been fully incorporated into the US and is instead an unincorporated territory. As such, Puerto Rico lacks full protection under the US Constitution and does not have full sovereignty. While Puerto Rico has its own constitution, laws, and legislative assembly, all governmental powers are delegated by the US Congress, and the head of state is the US president.
The question of Puerto Rico's sovereignty and independence has been a complex and ongoing issue. In 2022, a resolution was submitted to the United Nations General Assembly, calling on the International Court of Justice to issue an advisory opinion on Puerto Rico's colonial situation. This resolution reaffirmed Puerto Rico's inalienable right to self-determination, independence, and national sovereignty. However, the United States has not heeded this call.
Proponents of Puerto Rican independence argue that the island has endured over a century of colonisation, and that the present colonial conditions manifest in the treatment of Puerto Ricans as second-class citizens, racial discrimination, and violence. They stress that Puerto Ricans have been denied their right to sovereignty and independence and that decolonisation is urgent.
The path towards separate Puerto Rican sovereignty and independence involves several key steps. Firstly, Puerto Rico would need to establish itself as a sovereign nation with full authority over its internal and external affairs. This includes the power to exercise governmental functions with respect to its territory and population. Secondly, a negotiated treaty or pact between Puerto Rico and the United States would define future relations between the two, providing for cooperation and assistance in matters of shared interest. Finally, a constitution democratically instituted by the people of Puerto Rico would establish a republican form of full self-government and secure the rights of its citizens.
While there is ongoing debate and efforts towards Puerto Rico's sovereignty and independence, the island continues to operate under the jurisdiction and sovereignty of the United States, with its governmental powers delegated by the US Congress.
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The Puerto Rico Constitution
Puerto Rico is an unincorporated territory of the United States. Its people have had US citizenship since 1917, and it has had an elected governor since 1948. However, its delegate in the US Congress is a non-voting representative.
The Puerto Rico Federal Relations Act of 1950 authorised Puerto Rico to draft its own constitution. The Constitutional Assembly, made up of 92 elected delegates, met 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 3 March 1952. The US Congress and President approved it, but required some changes to be made. These were accepted by the Constitutional Convention of Puerto Rico and later ratified in a referendum in November 1952.
The Constitution of the Commonwealth of Puerto Rico is the primary organising law for the territory. It describes the duties, powers, structures and functions of the government of Puerto Rico in nine articles. It establishes a bicameral Legislative Assembly, split into a Senate and House of Representatives. The Constitution also guarantees the right to equal treatment under the law, regardless of race, colour, sex, birth, social origin or condition, or political or religious ideas.
Amendments to the constitution must be proposed in the Puerto Rico legislature. If two-thirds of the members of each chamber of the legislature vote in its favour, it will appear on a ballot. Voters have approved amendments to the constitution in referendums in 1960, 1961, 1964 and 1970.
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The Puerto Rico Legislative Assembly
Puerto Rico is a self-governing commonwealth in association with the United States. Its local government mirrors that of the United States, with a bicameral Legislative Assembly, consisting of a Senate and a House of Representatives. The Legislative Assembly is responsible for passing laws specific to Puerto Rico, which are then codified in the Laws of Puerto Rico. The Legislative Assembly also determines how to spend the island's tax revenue.
The Senate consists of 30 seats, with 27 members and 2 extra seats granted to the opposition if necessary to limit any party's control to two-thirds. The House of Representatives has 51 members, with 11 elected proportionally. Legislators are popularly elected to four-year terms.
An amendment to the Puerto Rico constitution must be proposed in the Legislative Assembly and will appear on a ballot if two-thirds of the members of each chamber vote in its favor. No amendment may abolish the Bill of Rights.
While Puerto Rico has its own laws and a degree of autonomy over its internal affairs, it is still subject to most U.S. laws and regulations. The Federal Relations Act of 1950 established that all federal laws that are "not locally inapplicable" are automatically the law of the land in Puerto Rico. The U.S. Congress can also decide when and how U.S. citizenship is granted to Puerto Ricans. It retains the authority to amend or repeal acts related to Puerto Rico's self-determination.
The relationship between Puerto Rico and the United States has been a subject of ongoing debate and negotiation, with supporters of increased Puerto Rican sovereignty advocating for full self-government and the ability to conduct treaty relations independently.
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The Supreme Court of Puerto Rico
Puerto Rico is an unincorporated territory of the United States. Its residents have had US citizenship since 1917, and it has had an elected governor since 1948. The island's local government mirrors that of the United States, with a bicameral legislative assembly split into a Senate and House of Representatives.
The justices of the Supreme Court are appointed by the governor of Puerto Rico, with the advice and consent of the Senate. The justices may hold office until they reach the age of seventy (70), the mandatory retirement age established in the Puerto Rico Constitution. The Constitution establishes that the Supreme Court shall consist of one Chief Justice and four Associate Justices. However, the number of justices can be altered, but only by petition of the Court itself. The Supreme Court is required to hear appeals submitted before it to review the final judgments rendered by the Court of Appeals where a law, a joint or concurring resolution, a rule or regulation of a government agency or instrumentality, or a municipal ordinance has been declared unconstitutional under the Constitution of the United States or the Constitution of the Commonwealth of Puerto Rico.
The jurisdiction of the Supreme Court of Puerto Rico is defined by the Constitution and the laws of Puerto Rico. In general, the jurisdictional structure parallels that of the state Supreme Courts in the continental United States. The Supreme Court of Puerto Rico has concurrent jurisdiction with federal courts to interpret federal laws, unless the Supremacy Clause requires otherwise.
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Puerto Rico's political status
Puerto Rico is an unincorporated territory of the United States. It has been so since the 1898 invasion of Puerto Rico by the United States during the Spanish-American War. As a result, Puerto Rico's political status is that of a democratic republic form of government under the jurisdiction and sovereignty of the United States Congress.
The island's political status has been the subject of ongoing debate in Puerto Rico, the United States, the United Nations, and the international community. All major political parties in Puerto Rico call this relationship colonial. Since 1967, there have been seven votes (referred to as plebiscites) in Puerto Rico, asking people what type of relationship they would like the island to have with the United States. These referendums have included options such as independence, statehood, and free association.
Puerto Rico's laws include the Puerto Rico Constitution, laws passed by the Puerto Rico Legislative Assembly, and decisions by courts that interpret Puerto Rico laws. The Puerto Rico Constitution, ratified in 1952, contains nine articles. Amendments to the constitution must be proposed in the Puerto Rico legislature and require a two-thirds majority in both chambers to appear on a ballot.
While Puerto Rico has its own laws and constitution, most federal laws of the United States also apply to Puerto Rico. This includes the U.S. Constitution, federal statutes, court decisions interpreting federal laws, and regulations issued by federal administrative agencies. The federal Puerto Rico District Court also issues decisions that affect Puerto Rico residents, and the U.S. Supreme Court may review cases appealed from the Supreme Court of Puerto Rico.
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Frequently asked questions
Puerto Rico is a self-governing commonwealth in association with the United States. It has its own constitution, the Puerto Rico Constitution, which was ratified in 1952 and contains nine articles. Puerto Rico also has its own Legislative Assembly, which passes laws that are periodically codified in the Laws of Puerto Rico.
Puerto Rico is an unincorporated territory of the United States. Its residents have been US citizens since 1917 and the island's local government mirrors that of the US. The US controls interstate trade, foreign relations and commerce, customs administration, control of air, land and sea, immigration and emigration, currency, military service, and more. Puerto Rico has authority over its internal affairs unless US law is involved, as in matters of public health and pollution.
Leaders of the Commonwealth of Puerto Rico believe that it will be able to conduct treaty relations in its own name once the "misunderstanding" about the nature of its current status is "corrected". However, the US government has asserted that Puerto Rico cannot conduct international treaty relations independently.
Puerto Rico could potentially become a fully sovereign nation with independence or free association with the United States. This would require a negotiated treaty of friendship and cooperation or an international bilateral pact of free association terminable at will by either party.
