Us Laws In Puerto Rico: Who's In Charge?

Puerto Rico is an unincorporated territory of the United States, and as such, the U.S. Constitution does not apply there in the same way it does in U.S. states. While most federal laws apply in Puerto Rico, residents of the territory cannot vote in U.S. presidential elections, nor can they elect senators or representatives to the U.S. Congress. Puerto Rico has its own constitution, laws, and court system, and enjoys various fundamental rights of U.S. citizenship, but lacks certain others. The political status of Puerto Rico has been a topic of debate for many years, with some advocating for statehood, others for independence, and others for maintaining the status quo.

Puerto Rico's status as a US territory

Puerto Rico is a territory of the United States, acquired in 1898 after the Spanish-American War. It is an "unincorporated territory", legally belonging to but not a part of the United States. As such, the U.S. Constitution does not apply directly or uniformly in Puerto Rico as it does in U.S. states. Most but not all federal laws apply to Puerto Rico.

Puerto Rico is neither a sovereign nation nor a U.S. state. While it enjoys various "fundamental rights" of U.S. citizenship, it lacks certain others. For example, Puerto Rico residents cannot vote in U.S. presidential elections, nor can they elect senators and representatives to the U.S. Congress. On the other hand, only some residents of Puerto Rico are subject to federal income taxes.

Puerto Rico has its own constitution, laws passed by its legislative assembly, and a court system to interpret these laws. The Puerto Rico Constitution was ratified in 1952 and contains nine articles, most of which describe the framework of the Puerto Rican government. Article Two outlines numerous individual rights and resembles the U.S. Bill of Rights.

The U.S. Supreme Court has ruled that Puerto Rico is a territory and lacks sovereignty. The ultimate source of prosecutorial power in Puerto Rico remains the U.S. Congress.

Puerto Rico's political status is a contentious issue for many Puerto Ricans, both on the island and in the U.S. mainland. Puerto Rico has held six referendums about its political status since the 1960s, with the most recent one in 2020 resulting in a narrow majority (52.52%) supporting becoming the 51st state of the Union. However, the turnout for this vote was only 54.72%, and nearly half of the electorate rejected this option, underscoring the split among Puerto Rican voters.

Puerto Rico's main political issue is its relationship with the United States. The island is torn by profound ideological rifts, with its political parties standing for three distinct future political scenarios: the status quo (commonwealth), statehood, and independence.

Voting rights of Puerto Ricans in US elections

Puerto Rico is an unincorporated territory of the United States. This means that while Puerto Ricans are US citizens, they do not have the same rights as citizens in the 50 states and the District of Columbia.

Puerto Rico is not part of any state nor is it a state itself. It is a territory under the sovereignty of the federal government and has been given a measure of self-rule by Congress, subject to the plenary powers of the territorial clause of Article IV, Section 3 of the US Constitution.

The US Constitution grants congressional voting representation to US states, which Puerto Rico is not. It specifies that members of Congress shall be elected by direct popular vote and that the president and vice president shall be elected by electors chosen by the states.

Puerto Rico does not have voting representation in the US Congress, nor is it entitled to electoral votes for the president. However, it is entitled to a resident commissioner in the House of Representatives—a delegate who is not allowed to vote on the floor of the House but can vote on procedural matters and in House committees.

While Puerto Ricans who live on the island cannot vote in federal elections, those residing in the US can vote by absentee ballot or travel to their respective states to cast their ballot. All Puerto Ricans, including islanders and those living in the US, can participate in the US primary process and are granted delegates from the two major parties.

Puerto Rico and other US territories cannot help elect the president of the United States because, according to Article II, Section 1 of the US Constitution, only states can participate in the electoral process.

The only way citizens of US territories can participate in presidential elections is if they have official residency in the US.

The Puerto Rico Constitution

The Constitution of the Commonwealth of Puerto Rico was ratified on 25 July 1952, after being approved by the US Congress and the President. It is the primary organising law for the unincorporated US territory of Puerto Rico, outlining the duties, powers, structures and functions of the government of Puerto Rico in nine articles.

Article One: The Commonwealth

This establishes the government for the unincorporated territory, which shall bear the name of the Commonwealth of Puerto Rico. It declares that the source of the power of the government comes from the people. It also establishes a Republican form of government, divided into three branches (legislative, executive and judicial) and specifies the territorial jurisdiction of the document as well as the seat of the new government, which is the city of San Juan.

Article Two: Bill of Rights

This lists the most important rights held by the citizens of Puerto Rico. It includes freedom of assembly, freedom of the press, freedom of religion, freedom of speech, freedom from unreasonable search and seizure, security in personal effects, and freedom from warrants issued without probable cause. It also establishes the right to vote, the right to life, and the right to liberty. There is also a step further to declare such principles as essential to human equality.

Article Three: Legislative Power

This establishes that the territorial legislature must be bicameral, composed of the Senate as the upper house and the House of Representatives as the lower house. It also establishes the composition of each house and that Puerto Rico must be divided into senatorial and representative districts for the purpose of elections.

Article Four: Executive Power

This describes the powers, structure, functions, responsibilities, and legal scope of the Governor of Puerto Rico, the executive branch of the government. It establishes the term length of the governor and the requirements to hold such a post, as well as establishing the governor as commander-in-chief of the militia.

Article Five: Judicial Power

This describes the powers, structure, functions, responsibilities, and legal scope of the Supreme Court of Puerto Rico, the judicial branch of the government. The article also establishes that the Supreme Court must be the court of last resort, and that it must be composed of a Chief Justice and several Associate Justices.

Article Six: General Provisions

This authorises the Legislative Assembly to create, abolish, consolidate and reorganise municipalities, and to change their territorial limits. It also authorises the Commonwealth of Puerto Rico to impose and collect taxes and to authorise their imposition and collection by municipalities, as determined by the Legislative Assembly.

Article Seven: Amendments to the Constitution

This establishes the rules to perform amendments to the constitution. It also states that no amendment to this Constitution shall alter the republican form of government established by it or abolish its bill of rights.

Article Eight: Senatorial and Representative Districts

This outlines the senatorial and representative districts.

Article Nine: Transitory Provisions

This covers the continuation of laws, liabilities, rights, franchises, concessions, privileges, claims, actions, causes of action, contracts, and civil criminal and administrative proceedings. It also covers the continuation of officers in their offices and functions, and the succession of the Secretary of State.

Federal laws and courts in Puerto Rico

Puerto Rico is an unincorporated territory of the United States. Most but not all federal laws apply to Puerto Rico. The U.S. federal government operates primarily in English, while Puerto Rico's legal system operates primarily in Spanish. As such, Puerto Rican attorneys are typically bilingual to be able to litigate in U.S. federal courts and to litigate federal preemption issues in Puerto Rican courts.

The judicial branch of Puerto Rico is headed by the Chief Justice of the Puerto Rico Supreme Court, which is the only appellate court required by the Constitution. All other courts are created by the Legislative Assembly of Puerto Rico. The lowest level is the Court of First Instance, which includes both municipal and district courts. The intermediate appellate court is the Circuit Court of Appeal. The Supreme Court is the highest court in Puerto Rico. The Supreme Court of Puerto Rico is the highest interpreter of the Constitution of Puerto Rico, and its decisions are not reviewable in another forum except in those cases in which the Federal Supreme Court has jurisdiction to review, in accordance with the principle of supremacy of the Constitution of the United States.

The Puerto Rico District Court also issues decisions that may affect Puerto Rico residents. The First Circuit Court of Appeals holds the authority to review decisions by the Puerto Rico District Court. Sometimes, the U.S. Supreme Court may review a case that has been appealed from the First Circuit or from the Supreme Court of Puerto Rico.

The United States Federal District Court has a branch in Puerto Rico, and cases of a federal nature are heard in the United States District Court for the District of Puerto Rico.

Puerto Rico's own laws

Puerto Rico has its own legal system, which is a mix of civil law and common law systems. The legal system operates primarily in Spanish, with attorneys typically being bilingual to litigate in English in federal courts. The judicial branch is headed by the Chief Justice of the Puerto Rico Supreme Court, which is the only appellate court required by the Constitution. All other courts are created by the Legislative Assembly of Puerto Rico.

The Puerto Rico Constitution, ratified in 1952, contains nine articles. Most of the articles describe the framework of the island's government, while Article Two outlines individual rights. This Bill of Rights is similar to the U.S. Constitution's Bill of Rights. Amendments to the Puerto Rico Constitution must be proposed in the Puerto Rico legislature, and they will appear on a ballot if two-thirds of the members of each chamber of the legislature vote in its favor.

The Puerto Rico Supreme Court and the Court of Appeals of Puerto Rico interpret the territory's laws. The federal Puerto Rico District Court also issues decisions that may affect residents. The First Circuit Court of Appeals holds the authority to review decisions by the Puerto Rico District Court. The U.S. Supreme Court may also, on occasion, review a case that has been appealed from the First Circuit or the Supreme Court of Puerto Rico.

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