Proposed political status for Puerto Rico
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The proposed political status for Puerto Rico encompasses the different schools of thought on what Puerto Rico should become should it change its current political status. Although there are many differing points of view, there are four that emerge in principle:
- that Puerto Rico maintains its current political status,
- that Puerto Rico becomes a state of the United States,
- that Puerto Rico becomes a fully independent sovereign state, or
- that Puerto Rico becomes a freely associated state.
In 1898, at the end of the Spanish-American War, Puerto Rico became a territory of the United States through the Treaty of Paris, which resulted in Spain surrendering control of Cuba and ceding Puerto Rico, parts of the West Indies, Guam, and the Philippines to the United States. The cession of the Philippines involved a payment of $20 million to Spain by the United States.
In 1900 the US Congress enacted the Foraker Act (also known as the Organic Act of 1900) sponsored by Senator Joseph B. Foraker. This act established a civil government and free commerce between the island and the United States. The structure of the insular government included a governor appointed by the president, an executive council (the equivalent of a senate), and a legislature with 35 members, though the executive veto required a two-thirds vote to override. The first appointed civil governor, Charles Herbert Allen, was inaugurated on May 1, 1900. On June 5, President McKinley appointed an Executive Council which included five Puerto Rican members and six U.S. members. The act also established the creation of a judicial system headed by the Supreme Court of Puerto Rico and allowed Puerto Rico to send a Resident Commissioner as a representative to Congress. The Department of Education was subsequently formed, headed by Dr. M. G. Brumbaugh (later governor of Pennsylvania). Teaching was conducted entirely in English with Spanish treated as a special subject. However, both Spanish and English were official languages in the island. On November 6, the first elections under the Foraker Act were held and on December 3, the first Legislative Assembly took office. Federico Degetau took office in Washington as the first Resident Commissioner from Puerto Rico on March 14, 1901. The Foraker Act, (with the influence of a fearful progressive) placed a limit of 500 acres (2.0 km^2) as the amount of land that any one person was allowed to own. This part of the Act was not enforced and, thus, Puerto Rico's agricultural economy was transformed into a sugar monoculture economy. American sugar companies had an advantage over the local sugar plantation owners. The local plantation owner could only finance his operations at local banks which offered high interest rates compared to the low rates that the American companies received from the commercial banks in Wall Street. This factor, plus the tariffs now imposed, forced many of the local sugar plantation owners to go bankrupt or to sell their holdings to the more powerful sugar companies. Sugar was considered one of the few strategic commodities in which the United States was not fully self-sufficient.
The Jones Act was approved by the U.S. Congress on December 5, 1916, and signed into law by President Woodrow Wilson on March 2, 1917. The law made Puerto Rico a United States territory which is "organized but unincorporated." Puerto Ricans were also collectively given a restricted U.S. citizenship. This implied that Puerto Ricans in the island did not have full American citizenship rights, such as the right to vote for Electors for the president of the United States. The Act allowed conscription to be extended to the island, sending 20,000 Puerto Rican soldiers to the United States Army during the First World War. The Act also divided governmental powers into three branches: executive (appointed by the President of the United States), legislative, and judicial. The legislative branch was composed of the senate, consisting of 19 members, and a house of representatives, consisting of 39 members. The members of the legislature were freely elected by the Puerto Rican people. A bill of rights, which established elections to be held every four years, was also created. The Act also made English the official language of the Puerto Rican courts. Section 27 of the Jones Acts deals with cabotage and requires that all goods by water between U.S. ports be carried in U.S.-flag ships, constructed in the United States, owned by U.S. citizens, and crewed by U.S. citizens and U.S. permanent residents.
In the years after World War II, social, political and economical changes began to take place that have continued to shape the island's character today. The late 1940s brought the beginning of a major migration to the continental United States, mainly to New York City. The main reasons for this were an undesirable economic situation brought by the Great Depression, as well as heavy recruitment made by the U.S. armed forces and U.S. companies. Political changes began in 1946 when President Truman designated the first Puerto Rican, Commissioner Resident Jesús T. Piñero, to serve as island governor. On June 10, 1948, Piñero, signed the infamous "Ley de la Mordaza" (Gag Law) or Law 53 as it was officially known, passed by the Puerto Rican legislature presided by Luis Muñoz Marín on May 21, 1948, which made it illegal to display the Puerto Rican Flag, sing a patriotic song, talk of independence and to fight for the liberation of the island. It resembled the anti-communist Smith Law passed in the United States.
The U.S. Congress passed an act allowing Puerto Ricans to vote for their own governor and the first elections under this act were held on November 2, 1948. Luis Muñoz Marín, president of the Puerto Rican Senate, successfully campaigned and became the first democratically elected Governor of the island on January 2, 1949.
On July 4, 1950, President Harry S. Truman signed Public Act 600, which allowed Puerto Ricans to draft their own constitution establishing the Commonwealth of Puerto Rico. The U.S. Congress had granted commonwealth status on Puerto Rico that enhanced Puerto Rico's political status from protectorate to commonwealth. This, coupled with Muñoz Marín's reversal on not pursuing Puerto Rican Independence angered some Puerto Ricans.
On July 25, 1952, the Constitution of Puerto Rico was approved by voters in a referendum, and the island organized as the Estado Libre Asociado (Commonwealth of Puerto Rico). That same year marked the first time that the Flag of Puerto Rico could be publicly displayed.
On July 23, 1967, the first plebiscite on the political status of Puerto Rico was held. Voters overwhelmingly affirmed continuation of Commonwealth status (Commonwealth–60.4% Statehood–39%; Independence–0.6%). Other referendums have been held to determine the political status of Puerto Rico, in 1993 and in 1998. Both times, although by smaller margins, the status quo has been upheld. In 2012, a majority voted to become a state.
After World War II, large numbers of young people migrated to the mainland's industrial cities for work and remitted dollars back to their families. In 1950 Washington introduced Operation Bootstrap, which greatly stimulated economic growth from 1950 until the 1970s. Due to billions of dollars of corporate investments, the growth rate was 6% for the 1950s, 5% for the 1960s, and 4% for the 1970s. Puerto Rico became one of the most affluent economies in Latin America. But, it had to import 80% of its food.
Operation Bootstrap was sponsored by governor Muñoz Marín. It was coupled with agrarian reform (land redistribution) that limited the area that could be held by large sugarcane interests. Operation Bootstrap enticed US mainland investors to transfer or create manufacturing plants by granting them local and federal tax concessions, but maintaining the access to mainland markets free of import duties. Another incentive was the lower wage scales in the densely populated island. The program accelerated the shift from an agricultural to an industrial society. The 1950s saw the development of labor-intensive light industries, such as textiles; later manufacturing gave way to heavy industry, such as petrochemicals and oil refining, in the 1960s and 1970s. Muñoz Marín's development programs brought some prosperity for an emergent middle class. The industrialization was in part fueled by generous local incentives and freedom from federal taxation, while providing access to continental US markets without import duties. As a result, a rural agricultural society was transformed into an industrial working class.
Established in 1976, Section 936 provided U.S. firms operating in Puerto Rico with tax-free income. Section 936 succeeded previous tax breaks for U.S. firms in Puerto Rico dating back to 1921. Section 936 helped to stimulate industrialization and infrastructure development on the island. On August 20, 1996 the U.S. Congress repealed Section 936 of the U.S. Internal Revenue Code, with a clause that retains its benefit for ten years of existing corporations. Section 30A was created to substitute Section 936. It essentially retains the wage credit component of Section 936.
Present-day Puerto Rico bases its economy as a tourism destination, pharmaceuticals and manufacturing as well as a major financial center for the Caribbean.
Puerto Rico continues to struggle to define its political status. Even though Puerto Rico was granted local autonomy in 1952, it remains a territory of the United States. Its ambiguous status continues to spark political debates which dominate Puerto Rican society. The debate over Puerto Rico has been discussed at various UN hearings where it has been declared a colony of the United States by the UN Special Committee on Decolonization. Various Presidents of the United States have expressed themselves in favor of statehood but ultimately left the decision to Puerto Rico. President's Task Force on Puerto Rico's Status were published in 2005, 2007 and 2011. Non-binding referendums regarding Puerto Rico's status have been held in 1967, 1993, 1997 and 2012. The results of the referendums have favored the commonwealth until 2012 when for the first time Puerto Ricans have voted against it.
Puerto Rico's options
As defined by Puerto Rico itself, the following are the options to solve their status.
Commonwealth (Current Status)
Puerto Rico will remain a territory of the United States. Puerto Rico will use the dollar as their currency. A resident commissioner will represent the island interests in Congress but he will have no vote. Puerto Rico will adhere to the cabotage laws. International trade is restricted to the USA. Puerto Ricans will remain US Citizens. Puerto Ricans can not vote in United States elections but must obey federal laws. However, Puerto Ricans do not pay federal taxes unless they work for a federal agency. Puerto Ricans have a limited citizenship while living on the island but they can become full citizens if they move to any of the states. As American born citizens, they can travel freely to any state they desire. Federal laws apply and federal agencies like the FBI operate on the island. Appeals to local law may be made at the federal court.
Free Associated State
Puerto Rico will remain a territory of the United States just like the commonwealth status but with room for expanded autonomy. Possibly trade and the end of the cabotage laws which have been heavily discussed in Puerto Rico.
Puerto Rico will apply for statehood of the United States. Puerto Rico will be able to vote for the President of the United States but they will also pay federal taxes just like every other state. The island would be represented in Congress by two senators and the House would receive seven representatives. Puerto Rico would receive as much federal aid as any other state. However, while the official languages of Puerto Rico are Spanish and English, most Puerto Ricans speak Spanish primarily and have limited to no skill at the English language, whereas in the rest of the United States English is spoken almost exclusively, whereas only about 17% of Americans possess any skill at the Spanish language. The tax laws concerning business on the island would also change, including some economic development funding for business development in American territories. Luis Fortuño, governor of Puerto Rico from 2008 to 2012 argued that Puerto Rico has been prepared to become a state. Puerto Rico's government has been organized to a republican form of government so that the transition is seamless, and Puerto Rico operates similar to a U.S. state on many issues.
Puerto Rico will become an independent nation that will collaborate with the United States to forge its future. Puerto Rico will open up to trade with other nations and will be responsible for its foreign policy. Whether Puerto Rico will use its own currency or establish its own military is not clear. Federal laws will no longer be applicable which could affect Puerto Rico in a lot of different ways. For example, the minimum wage laws would no longer apply but also Puerto Rico would not be eligible for federal funds. The biggest challenge with an independent Puerto Rico would be to develop an economy that would insert Puerto Rico in the global economy. Puerto Rico has very few exploitable resources. Since operation bootstrap, the island has shifted to industries and relies mostly on imports for food. Puerto Rico would have to expand their agriculture lands. Although the island has no proven oil reserves, it is situated in the tropics which opens the opportunity for renewable energy sources. Ocean Thermal Energy Conversion (OTEC) was explored in the 1970s and Punta Tuna in Maunabo was selected as an ideal location. However, the project never materialized. Currently, Puerto Rico relies heavily on oil. About 70% of its energy comes from this source. If Puerto Rico were to become an independent nation their energy policies may heavily affect their future. Opponents of independence fear that Puerto Rico may become like Cuba.
Former or less popular options
- Antillean Confederation: This option was very popular with Puerto Rican Political leaders of the late nineteenth century. It involved Puerto Rico, Cuba and the Dominican Republic joining and becoming a confederation. There are still a few supporters of this option in the island.
- Return to Spain: This option calls for Puerto Rico to become part of Spain once again, possibly as an autonomous community. Many Puerto Ricans recently requested Spanish Citizenship per the Historical Memory Law.
Following the recommendations of the President's Task Force on Puerto Rico's Status reports; in October 2011, Governor Luis Fortuño set August 12, 2012 as the date to hold the first part of a two-step status plebiscite. The first question was whether voters want to maintain the current commonwealth status under the territorial clause of the U.S. Constitution or whether they prefer a non-territorial option. The second question presented three status options: statehood, independence or free association. Each alternative was to be an internationally recognized, constitutionally viable, non-territorial options to the current territory status. A bill was brought before the Legislative Assembly of Puerto Rico in 2011 to effect the governor's proposal. The bill passed on December 28, 2011.
In the event, both referendum questions were placed on a single ballot for voting on November 6, 2012. The New Progressive Party of Puerto Rico endorsed statehood. The Popular Democratic Party of Puerto Rico endorsed the current Commonwealth position; it called for abstention in the second question. The Puerto Rico Independence Party endorsed the independence position.
During the 2012 US presidential campaign, leading candidates for both major parties said they supported the referendum process. Governor Mitt Romney said: "I will support the people of Puerto Rico if they make a decision that they would prefer to become a state; that's a decision that I will support. I don't have preconditions that I would impose." President Barack Obama had also supported the referendum, writing, "I am firmly committed to the principle that the question of political status is a matter of self-determination for the people of Puerto Rico."
Puerto Rico statehood referenda occurred on November 6, 2012. The result a 54% majority of the ballots cast against the continuation of the island's territorial political status, and in favor of a new status. Of votes for new status, a 61.1% majority chose statehood. This was by far the most successful referendum for statehood advocates. In all earlier referenda, votes for statehood were matched almost equally by votes for remaining an American territory, with the remainder for independence. Support for U.S. statehood has risen in each successive popular referendum.
- Report By the President's Task Force On Puerto Rico's Status (December 2005) - President William J. Clinton.
- Report By the President's Task Force On Puerto Rico's Status (December 2007) - President George W. Bush.
- Report By the President's Task Force On Puerto Rico's Status (March 2011) - President Barack Obama.
- Political Status of Puerto Rico: Options for Congress - Congressional Research Service (CRS Report)
- Puerto Rico’s Political Status and the 2012 Plebiscite: Background and Key Questions - Congressional Research Service (CRS Report)
- Puerto Rico’s Political Status and the 2012 Plebiscite: Background and Key Questions
- November 7, 2012, 9:55 AM. "Puerto Rico votes for U.S. statehood in non-binding referendum". CBS News. Retrieved 2012-11-08.
- Posted on November 7, 2012 at 12:15pm by Erica Ritz (2012-11-03). "Puerto Rico Votes to Become 51st State | Obama’s Past Remarks". TheBlaze.com. Retrieved 2012-11-08.
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- Associated Press (2012-11-04). "Puerto Rico vote could change ties to U.S.". SFGate. Retrieved 2012-11-08.
- "An Introduction to Puerto Rico's Status Debate". Let Puerto Rico Decide. Retrieved 2012-03-29.
- Puerto Ricans favor statehood for first time, CNN, 7 November 2012