Is puerto rico a sovereign nation: Puerto Rico Needs Independence, Not Statehood

Constitutional Rights Foundation

In 1999, a bomb went astray on the Vieques testing range and killed a Puerto Rican security guard who worked for the U.S. Navy. This incident provoked major protests and demands that the Navy immediately leave the island. The Navy maintains that the testing facility is essential for U.S. defense. Nevertheless, President George W. Bush has promised that the Navy will give up Vieques, but not before 2003.

Many Puerto Ricans have taken up the Vieques cause as a symbol of their dissatisfaction with Puerto Rico’s current political status as a “commonwealth.” Some even refer to Puerto Rico today as “the world’s oldest colony.”

“The Taste of Empire”

Following the Civil War, America’s rapidly growing industrial and sea power in the world awakened U.S. interest in acquiring new territories. In the words of one newspaper at the time, “The taste of empire is in the mouth of the people.” The opportunity came with a war with Spain.

Spain had ruled its colonies of Cuba and Puerto Rico for 400 years. In 1897, Spain granted both their own elected parliaments. Puerto Rico’s parliament met for the first time on April 25, 1898, the day the United States declared war on Spain.

Two months before, in February 1898, the U.S. battleship Maine had blown up in the harbor of Havana, Cuba. The United States blamed the tragedy on the Spanish and demanded that they immediately grant independence to Cuba, where a revolt was already underway. When Spain refused, the United States declared war and invaded Cuba.

Fearing that Spain might surrender before the United States could occupy other Spanish colonies, U.S. leaders ordered General Nelson Miles to invade Puerto Rico on July 25. The Spanish-speaking civilian population warmly welcomed the Americans, apparently believing they had come to help Puerto Rico become a free, independent nation. Instead, Miles invited the Puerto Rican people to “accept with joy the system of Government of the United States. “

A few months later, the United States and Spain signed the Treaty of Paris, ending the war. Spain recognized Cuba’s independence, but handed over possession of the Philippines, Guam, and Puerto Rico to the United States. Regarding Puerto Rico, the treaty stated that “the civil rights and political conditions of the natural inhabitants shall be determined by the Congress.” It has been that way ever since.

American Colonial Rule

For the next two years, American military governors, appointed by the president, governed Puerto Rico. These governors improved health, education, and economic conditions. But they also abolished the newly elected Puerto Rican parliament, appointed only Americans to head government departments, and censored local newspapers. The last military governor remarked that Puerto Ricans were still “unfit for self-government.”

In 1900, Congress passed the Foraker Act establishing a civilian government for Puerto Rico. Under the act, the U. S. president, with the advice and consent of the Senate, appointed the governor, the heads of government departments, and justices of the Puerto Rican Supreme Court. Puerto Rican voters elected delegates to a single-house legislature as well as a “Resident Commissioner.” The commissioner represented Puerto Rico’s interests in Washington, but not as a member of Congress. The Foraker Act also exempted Puerto Ricans from having to pay federal taxes. Federal grants would finance the new civilian government.

For the first time, U.S. courts had to decide the constitutional status of America’s newly acquired overseas possessions. Article IV, Section 3, of the U.S. Constitution gives to Congress the “Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States. . . .”

In a series of decisions between 1901 and 1905, the U.S. Supreme Court held that acquisitions like Puerto Rico were territories “owned by the United States. ” Congress, therefore, had the power to pass laws to determine their political status. The Supreme Court further ruled that only “fundamental rights,” not the full U.S. Bill of Rights, protected the inhabitants of territorial possessions including Puerto Rico.

Under the Foraker Act, the U.S. president must appoint a U.S. citizen as governor of Puerto Rico. The appointed governors continued the military government policy of allowing only English instruction in the public schools. (Spanish again became the primary language in the schools after World War II.)

In 1917, Congress passed the Jones Act, which expanded the Puerto Rican legislature to two houses. Most importantly, this law also granted U.S. citizenship to Puerto Ricans. But the law still excluded them from voting for president and exercising other rights of mainland American citizens.

Commonwealth

During World War II, President Franklin D. Roosevelt proposed that Congress pass a law granting the people of Puerto Rico the right to elect their governor. Congress passed Roosevelt’s proposal into law after the war, and Puerto Rican voters elected their first governor in 1948.

Two years later, Congress enacted a procedure to expand democratic self-government by enabling the Puerto Rican people to write their own constitution. A constitutional convention submitted a new constitution to the Puerto Rican voters who overwhelmingly approved it. Next, Congress approved it, but eliminated its bill of rights, which included broad guarantees such as the “right to an adequate standard of living.” Finally, on July 3, 1952, President Truman signed the law putting into effect the constitution for the “Commonwealth of Puerto Rico.”

Since 1952, the Puerto Rican people have continued to debate the future status of their homeland. A majority of Puerto Ricans have thus far failed to agree on whether Puerto Rico should remain a commonwealth concept, be admitted as a state, or become an independent nation.

Unlike the Philippines, which became independent in 1946, and Hawaii, which became a state in 1959, the future of Puerto Rico’s political status continues to be uncertain. Many Puerto Ricans say they want more control over their island’s affairs, as the continuing Vieques protest seems to indicate. But neither the Puerto Rican people nor Congress have decided exactly which path to take into the future.

POLITICAL STATUS OPTIONS FOR PUERTO RICO

Option 1: Current Commonwealth

• Puerto Ricans are American citizens who serve in the military and may reside in the United States.
• Puerto Rico has a constitution that provides for self-government in most local matters and includes the right to elect a governor and two-house legislature.
• Puerto Ricans are exempt from the federal income tax, but pay into Social Security.
• Federal grants (more than $10 billion annually) finance a large portion of Puerto Rico’s government.
• Puerto Rico is a territorial possession under the authority of Congress.
• The United Nations still debates whether Puerto Rico is a colony.

Option 2: “Enhanced” Commonwealth

• Includes all items listed in Option 1
• Provides the right to vote for U.S. president and elect a voting representative to Congress (would probably require amending the U.S. Constitution).
• Adds a bill of rights to the Constitution of Puerto Rico.
• Allows membership in trade and other world organizations.
• These enhancements would all have to be approved by Congress, which would continue holding ultimate power over Puerto Rico as a territorial possession.

Option 3: Statehood

• Puerto Rico would have equal status with the other 50 states and would no longer be under congressional authority.
• Two senators and about seven congressional representatives would represent Puerto Rico in Congress.
• Federal financial benefits would increase, but Puerto Ricans would pay federal income taxes.
• Some businesses would lose tax breaks.
• Congress would probably require English as the primary language of government and the public schools as a condition of statehood.

Option 4: Independence

• Puerto Rico would become a sovereign nation with its own political system, language, culture, and membership in the United Nations.
• The United States would no longer be obligated to provide financial support, but would lose all military bases unless Puerto Rico agreed to lease them.
• Some or all Puerto Ricans would likely lose U.S. citizenship and the right to reside in the United States.
• Puerto Rico would be a poor nation, depending on foreign aid from other nations.

Puerto Ricans Vote on Options

Puerto Rico has held a series of plebiscites on its future status. The latest was held in 1998. With more than 1.5 million voters casting ballots and a turnout rate of 71. 3 percent of all registered voters, the results were as follows:

Puerto Ricans Vote on Options

U.S. Public Opinion on the Status of Puerto Rico

A March 1998 Gallup poll asked this question:

Do you personally think Puerto Rico: Should become a completely independent nation; should remain a territory of the United States, or, should be admitted to the United States as the fifty-first state?

In a 1991 Gallup poll more than 60 percent of Americans said they would support independence or statehood for Puerto Rico if a majority of Puerto Ricans voted for either one.

For Discussion and Writing

1. How is Puerto Rico’s political status today different from that of a U.S. state? How is it different from a nation?
2. Do you think Puerto Rico is still an American colony? Why?
3. Do you think the U.S. Navy should leave Vieques Island? Why?

For Further Information

Resources on the Puerto Rico Statehood Question

U.S. Council for Puerto Rico Statehood

PR Online Resource Center In depth information on Puerto Rico’s political status debate.

Puerto Rican Independence Party

Elections in Puerto Rico Results of all Puerto Rican elections and plebiscites.

A C T I V I T Y

Choosing a Political Status for Puerto Rico

1. Divide the class into two parts. The students in one-half will represent the interests of Puerto Rico. The other half will be members of Congress, representing the interests of the United States.
2. All students should study the “Political Status Options for Puerto Rico.”
3. While the members of Congress observe from an outer circle, the representatives of Puerto Rico meet in an inner circle to discuss which option they believe is best for Puerto Rico. One seat in the inner circle will be reserved for any member of Congress who wishes to speak. Finally, the representatives of Puerto Rico will vote to decide which option they recommend to Congress.
4. The members of Congress now meet in the inner circle, while those representing Puerto Rico observe from the outer circle. The members of Congress discuss which option they believe is best for the United States. One seat will be reserved in the inner circle for any representative of Puerto Rico who wishes to speak.
5. After all have had a chance to speak, the members of Congress will vote to decide which option they will approve. Its decision is final.

Puerto Rico Political Status | Committee Activity

The Puerto Rico Status Act

Puerto Rico has been a territory of the United States for more than a century. Territory status limits the island’s full political, economic, and social development. The federal government has a responsibility to facilitate the selection of and transition to a non-territory, fully self-governing political status for Puerto Rico.

This Congress, the U.S. House Committee on Natural Resources has considered two pieces of legislation with different mechanisms to resolve Puerto Rico’s political status – the Puerto Rico Statehood Admission Act (H.R. 1522), introduced by Rep. Darren Soto (D-Fla.) on March 2, 2021, and the Puerto Rico Self-Determination Act (H.R. 2070), introduced by Rep. Nydia M. Velázquez (D-N.Y.) on March 18, 2021. The lead sponsors of both bills have come together to combine elements of their respective bills to arrive at a compromise that would be supported by a majority of members of Congress. The Puerto Rico Status Act is the result of that effort.

Deciding Puerto Rico’s Political Future 

The people of Puerto Rico deserve an opportunity to make an informed choice on their political future. The Puerto Rico Status Act is a historic proposal representing an offer from Congress to the people of Puerto Rico to decide their future with confidence that Congress will carry out its responsibility to implement the will of a clear majority of eligible voters in Puerto Rico.   

Key Features of the Puerto Rico Status Act Include: 

• Authorizes a federally sponsored plebiscite to resolve Puerto Rico’s political status.  

• Specifies and defines Puerto Rico’s non-territorial status options – Statehood, Independence, and Sovereignty in Free Association with the United States.  

• Provides for an objective, nonpartisan, federally funded voter education campaign leading up to the vote.  

• Establishes a process and timeline for the U.S. Department of Justice to review the voter education materials and plebiscite ballot design.   

• Authorizes necessary funds to carry out an initial plebiscite and, if necessary, a runoff plebiscite.   

See the fact sheet in English HERE.

See the bill text in English HERE.

See the section-by-section in English HERE.

See the citizenship provisions explained HERE.

See frequently asked questions HERE.

La Ley para el Estatus de Puerto Rico 

Puerto Rico ha sido un territorio de los Estados Unidos durante más de un siglo. El estatus territorial limita el pleno desarrollo político, económico y social de la isla. El gobierno federal tiene la responsabilidad de facilitar la selección y la transición de Puerto Rico a un estatus político no territorial.

Durante este Congreso, el Comité de Recursos Naturales de la Cámara de Representantes de los EE. UU. ha considerado dos proyectos de ley con diferentes mecanismos para resolver el estatus político de Puerto Rico: H.R. 1522, Ley para la Admisión de Puerto Rico como Estado, y H.R. 2070, Ley para la Autodeterminación de Puerto Rico. Los autores de ambas propuestas se han unido para combinar elementos de sus respectivos proyectos de ley para llegar a un consenso que sería apoyado por la mayoría de los miembros del Congreso.  La Ley para el Estatus de Puerto Rico es el resultado de ese esfuerzo.   

Decidiendo el Futuro Político de Puerto Rico 

El pueblo de Puerto Rico merece la oportunidad de tomar una decisión informada sobre su futuro político. La Ley para el Estatus de Puerto Rico es una propuesta histórica que representa una oferta del Congreso al pueblo de Puerto Rico para decidir su futuro con la confianza de que el Congreso cumplirá con su responsabilidad.  

Puntos clave sobre la Ley para el Estatus de Puerto Rico:  

• Autoriza un plebiscito patrocinado por el gobierno federal para resolver el estatus político de Puerto Rico.   
• Precisa y define las opciones de estatus no territorial de Puerto Rico: Estadidad, Independencia y Soberanía en Libre Asociación con los EE. UU.  
• Proporciona una campaña de educación electoral objetiva, no partidista y financiada por el gobierno federal antes de la votación.  
• Establece un proceso y fechas límites para que el Departamento de Justicia de los EE. UU. revise los materiales de educación para votantes y el diseño de la papeleta del plebiscito.  
• Autoriza los fondos necesarios para llevar a cabo un plebiscito inicial y, de ser necesario, un plebiscito de segunda vuelta.  
• Describe la transición e implementación de cada opción de estatus detalladamente para que los votantes elegibles en Puerto Rico tomen una decisión informada.  
• Asegura la implementación de la opción seleccionada por la mayoría de los votos válidos emitidos.

See the fact sheet in Spanish HERE.

See the bill text in Spanish HERE.

See the section-by-section in Spanish HERE.

See frequently asked questions in Spanish HERE.

See Citizenship provisions explained in Spanish HERE.

 The Committee on Natural Resources has published an unofficial Spanish translation of the Puerto Rico Status Act for the general public’s convenience. If there is any inconsistency between the English and Spanish versions of the discussion draft, the English version shall be the prevailing version.

El Comité de Recursos Naturales ha publicado una traducción no oficial al español de la Ley del Estatus de Puerto Rico para la conveniencia del público en general. De haber alguna inconsistencia entre las versiones en inglés y español del texto, la versión en inglés será la versión prevaleciente.

“La Alianza pro Libre Asociación Soberana (ALAS), el grupo pionero en defender la Libre Asociación/ELA Soberano, aplaude hoy al Comité de Recursos Naturales de la Cámara de Representantes del Congreso de los EEUU por aprobar el primer proyecto de ley que le ofrece al pueblo de Puerto Rico la posibilidad de seleccionar entre las tres verdaderas opciones para descolonizar al país.” – La Alianza pro Libre Asociación Soberana (ALAS) 

“The Alliance for Sovereign Free Association, the pioneer group in defending Free Association/Sovereign Commonwealth, today applauds the Committee on Natural Resources of the House of Representatives of the United States Congress for passing the first bill that offers to the people of Puerto Rico the possibility of selecting among the three true options to decolonize the country. ” – The Alliance for Free Sovereign Association 

See the full letter here.

“The [Puerto Rico Status Act] is a direct acknowledgement of the fact that the current territory status is fundamentally undemocratic and colonial in nature, that it goes directly against America’s founding principles of government by the consent of the governed, and that Congress needs to correct this historic injustice, which has a detrimental impact upon 3.2 million American citizens living under U.S. sovereignty every day.” – Coalition of pro-Statehood organizations

See the full letter here.

“The leadership of the Democratic Party of Puerto Rico strongly urges you to bring H.R. 8393 to a vote on the Natural Resources Committee and recommend its approval to the House.” – Democratic Party of Puerto Rico

See the full letter here.

“H.R. 8393, the Puerto Rico Status Act, is a bipartisan compromise Bill which would finally accomplish what the Republican Party Platform has been supporting for 82 years. The Bill is not the ideal we would have chosen, but it does contain the language of the Puerto Rico Statehood Admission Act (H.R. 1522) that the Puerto Rico Republican Party previously supported, and overall, it provides for a fair, democratic process supported by Congress to provide a realistic and constitutional solution to Puerto Rico’s democratic status aspirations as supported by the Republican National Committee.” – Republican Party of Puerto Rico

See the full letter here.

Progress on sovereign debt by Joseph E. Stiglitz & Martín Guzmán

Nov 9, 2015 Joseph E. Stiglitz
and Martín Guzmán

NEW YORK – Every developed country has its own bankruptcy law, but there is no similar legal framework for sovereign borrowers. This is important because such a legal vacuum, as we see now in the case of Greece and Puerto Rico, consumes the vitality of the economy. nine0005

In September, the UN took an important step to fill this void by endorsing a set of principles for sovereign debt restructuring. These nine commandments—namely, the right of a sovereign state to initiate debt restructuring, sovereign immunity, creditor equality, (qualified) majority restructuring, transparency, impartiality, legitimacy, sustainability, good faith in negotiations—form the foundation for an effective international legal order. nine0005

The almost complete support for these principles – 136 UN countries voted in favor of them and only six (led by the US) against – demonstrates the extent of the global consensus on the need for an orderly solution to debt crises. However, the next step – the signing of an international treaty to create a global bankruptcy legal regime that all countries will be required to follow – may turn out to be much more difficult.

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Writing for PS since 2001
317 Commentaries

Joseph E. Stiglitz, a Nobel laureate in economics and University Professor at Columbia University, is a former chief economist of the World Bank (1997-2000), chair of the US President’s Council of Economic Advisers, and co-chair of the High-Level Commission on Carbon Prices. He is a member of the Independent Commission for the Reform of International Corporate Taxation and was lead author of the 1995 IPCC Climate Assessment. nine0029

Writing for PS since 2014
16 Commentaries

Martín Guzmán is a former minister of economy of Argentina.

https://prosyn.org/fiePcN7ru

nine0000 The US will propose to Puerto Rico to become a state or an independent state. | 59.ru

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All news archipelago of Puerto Rico. This was reported on April 30 by The Washington Post. The lower house of Congress passed the document by a majority of 223 votes to 169.

If the bill is approved by the US Senate, Puerto Rico’s 4 million people will be able to decide the future structure of their state through a referendum. The plebiscite is supposed to be held in two stages. In the first round, voters will vote for or against changing the existing political status of Puerto Rico. At the same time, residents of Puerto Rico living in the United States will also be able to vote. If the majority votes in favor of revising the position of the archipelago, which now has the status of an autonomous territory of the United States, a second round will be scheduled. nine0029

Puerto Rico has been part of the US since 1898. Until 1947, the territory was actually a colony: Puerto Rican officials were appointed by the President of the United States. Since 1947, the population has elected its own governor. Since 1952, the territory has been officially referred to as a free associated state, but many management issues still remain under the jurisdiction of the American authorities.

The passage of the bill on the status of Puerto Rico in the US House of Representatives was mainly opposed by Republicans.