Us Law In Puerto Rico: Why Does It Apply?

Puerto Rico is an unincorporated territory of the United States, which means that while it is subject to US federal law, it is not a state and its residents do not have voting representation in the US Congress. The US Constitution does not apply directly or uniformly in Puerto Rico, and its residents are not guaranteed the rights outlined in the Constitution. However, as US citizens, Puerto Ricans are covered by a group of `fundamental rights` and civil rights under the federal constitution. The US federal government has a significant presence in Puerto Rico, and the island's economy, commerce, and banking systems are integrated with those of the United States.

Puerto Rico's legal system is a mix of civil law and common law systems

Puerto Rico is an unincorporated territory of the United States. While it has its own constitution, laws, and courts, it is ultimately subject to US federal law and the US Constitution, which is the supreme law of the US. This means that US federal law applies in the territory, and cases of a federal nature are heard in the US District Court for the District of Puerto Rico.

When Puerto Rico became a US territory in 1898, it incorporated the common law system, resulting in a mixed legal system where both common law and civil law are applied. This is unique among US jurisdictions, and it means that Puerto Rican attorneys must be bilingual to litigate in both local courts, which are conducted in Spanish, and federal courts, which are conducted in English.

In practice, civil law is applied in areas such as family law, divorce, child custody, real property law, and contractual law, while common law is applied in areas such as constitutional law, bankruptcy law, and federal criminal procedures. 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, such as the Court of Appeals, Superior Court, District Courts, and Municipal Courts, are created by the Legislative Assembly of Puerto Rico.

Puerto Rico is subject to the US Congress' plenary powers under the territorial clause of the US Constitution

Puerto Rico is subject to the plenary powers of the US Congress under the territorial clause of the US Constitution. This means that the US Congress has the authority to make laws and regulations for Puerto Rico, which is an unincorporated territory of the US.

The territorial clause, found in Article IV, Section 3, Clause 2 of the US Constitution, grants Congress the power to "dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States." This clause has been interpreted to mean that Congress has broad powers over US territories, including Puerto Rico.

The US-Puerto Rico political relationship is unique, with Puerto Rico having a degree of administrative autonomy similar to that of a US state. However, it lacks the full sovereignty of an independent nation, as the federal government retains certain powers, including the power to manage external relations with other nations.

The US federal law applies in Puerto Rico, and cases of a federal nature are heard in the United States District Court for the District of Puerto Rico. 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. This means that federal laws apply in Puerto Rico unless specifically excluded or treated differently.

The Constitution of Puerto Rico, ratified in 1952, provides for a republican form of government and includes a Bill of Rights. However, as an unincorporated territory, Puerto Rico is not fully covered by the US Constitution, and only certain fundamental rights apply, including the Privileges and Immunities Clause.

The political status of Puerto Rico has significant ramifications for Puerto Ricans, including their citizenship rights, taxation, and representation in the US Congress. While people born in Puerto Rico are considered natural-born US citizens, their citizenship is not protected by the Citizenship Clause of the 14th Amendment, and it can be unilaterally revoked by the US Congress. Puerto Ricans also do not have full voting representation in the US Congress, although they have a Resident Commissioner who can participate in committee-level voting.

Puerto Rico has its own constitution, which contains a Bill of Rights resembling the US Constitution's

Puerto Rico is an unincorporated territory of the United States, and most federal laws apply to the island. The territory has its own constitution, which was ratified in 1952 and contains nine articles. The Puerto Rico Constitution is bound by the U.S. Constitution, which is the supreme law of the U.S.

Article Two of the Puerto Rico Constitution outlines numerous individual rights and freedoms, including 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 that "the dignity of the human being is inviolable" and that all men are equal before the law. The document prohibits discrimination based on race, colour, sex, birth, social origin or condition, or political or religious ideas.

The Bill of Rights in the Puerto Rico Constitution resembles the U.S. Constitution's Bill of Rights, but there are some differences. For example, in Puerto Rico, they do not have the right to a trial by jury, but they do have direct protections against wiretapping. Additionally, the Puerto Rico Constitution includes a right to education and various economic rights, which were initially stricken by the U.S. Congress but later deemed to be in effect by Governor Alejandro García Padilla in 2013.

The Puerto Rico Constitution can be amended through a process outlined in Article Seven. An amendment must be proposed in the Puerto Rico legislature, and it will appear on a ballot if two-thirds of the members of each chamber of the legislature vote in its favour. Importantly, no amendment may abolish the Bill of Rights.

Puerto Rico's government has three branches: executive, legislative, and judicial

Puerto Rico is a self-governing commonwealth in association with the United States. The island's government is divided into three branches: the executive, the legislative, and the judicial.

Executive Branch

The executive power is vested in the Governor of Puerto Rico, who is elected every four years by direct popular vote. The Governor leads a cabinet of the heads of the commonwealth's executive departments, who are ratified by the Legislature. The Governor has the authority to issue executive orders, grant pardons, and suspend or commute sentences in criminal cases. They also have the unique power to eliminate or reduce appropriations when signing an appropriations bill. The current Governor of Puerto Rico is Pedro Pierluisi.

Legislative Branch

The legislative branch of Puerto Rico consists of two bodies: the House of Representatives and the Senate. The House has 51 representatives, while the Senate has 27 members. Members of both chambers are elected every four years during the same election as the Governor. The bicameral legislature determines how to spend the island's tax revenue. The current President of the Senate is Senator Eduardo Bhatia, and the Speaker of the House is Representative Jaime Perelló Borrás.

Judicial Branch

The judicial power of Puerto Rico is headed by the Chief Justice of the Supreme Court of Puerto Rico, currently Maite Oronoz Rodríguez. The Supreme Court is the only appellate court required by the Constitution, while all other courts are created by the Legislative Assembly of Puerto Rico. The judicial system includes a Court of Appeals, Superior Court, District Court (civil and criminal), and Municipal Court. The Supreme Court holds sessions in San Juan's Miramar district.

Puerto Ricans are US citizens, but their citizenship can be revoked by the US Congress

While people born in Puerto Rico are natural-born US citizens, their citizenship is not protected by the Citizenship Clause of the 14th Amendment to the US Constitution. This means that the US Congress can unilaterally revoke the citizenship of Puerto Ricans.

The Puerto Rico Status Act, which died in the Senate in 2022, is a piece of legislation that would have decolonized Puerto Rico. It offered Puerto Ricans three alternatives to their colonial status quo: statehood, independence, or sovereignty in free association. The Act also addressed how each change in status would affect Puerto Ricans' access to US citizenship. While the Act stated that all Puerto Ricans alive at the time of a change in status would retain their US citizenship, it also included special restrictions that would limit Puerto Ricans' ability to pass on their US citizenship to children born after a change in status.

The uncertainty around the Puerto Rico Status Act and the potential loss of US citizenship has created an obstacle to moving on from colonial status.

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