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:

However, in a referendum held in 2012, 54% of the voters voted that they did not agree to continue with Puerto Rico's current political status;[1] constituting, for the first time in history, a majority on what should be the political status of Puerto Rico: "not what it is today", whatever that may be. Furthermore, in a second question, 61% favored becoming a U.S. state should Puerto Rico's political status change.[2]

This article examines each of the proposed political status mentioned before and their implications should Puerto Rico maintain or change its political status after said referendum, since, ultimately, Puerto Rico's political status is subject to the plenary powers of the United States Congress and not on the people of Puerto Rico per Article IV of the Constitution of the United States and its Territorial Clause.[citation needed]

Contents

Background [edit]

Since 1898, Puerto Rico has had limited representation in the Congress in the form of a Resident Commissioner, a nonvoting delegate. The 110th Congress returned the Commissioner's power to vote in the Committee of the Whole, but not on matters where the vote would represent a decisive participation.[3] Puerto Rico has elections on the United States presidential primary or caucus of the Democratic Party and the Republican Party to select delegates to the respective parties' national conventions although presidential electors are not granted on the Electoral College. As American citizens, Puerto Ricans can vote in U.S. presidential elections, provided they reside in one of the 50 states or the District of Columbia and not in Puerto Rico itself.

Residents of Puerto Rico pay U.S. federal taxes: import/export taxes, federal commodity taxes, social security taxes, etc. Most Puerto Rico residents do not pay federal income tax but do pay federal payroll taxes (Social Security and Medicare). However, federal employees, or those who do business with the federal government, Puerto Rico–based corporations that intend to send funds to the U.S. and others also pay federal income taxes. Puerto Ricans may enlist in the U.S. military. Puerto Ricans have participated in all American wars since 1898; 52 Puerto Ricans have been killed in the Iraq War and War in Afghanistan as of November 2012.[4]

Puerto Rico has been under U.S. sovereignty for over a century, and Puerto Ricans have been U.S. citizens since 1917. The island’s ultimate status has not been determined as of 2012, its residents do not have voting representation in their federal government. Puerto Rico has limited representation in the U.S. Congress in the form of a Resident Commissioner, a delegate with limited no voting rights.[3] Like the states, Puerto Rico has self-rule, a republican form of government organized pursuant to a constitution adopted by its people, and a bill of rights.

This constitution was created when the U.S. Congress directed local government to organize a constitutional convention to write the Puerto Rico Constitution in 1951. The acceptance of that constitution by Puerto Rico's electorate, the U.S. Congress, and the U.S. president occurred in 1952. In addition, the rights, privileges and immunities attendant to United States citizens are "respected in Puerto Rico to the same extent as though Puerto Rico were a state of the union" through the express extension of the Privileges and Immunities Clause of the U.S. Constitution by the U.S. Congress in 1948.[5]

Puerto Rico officially designates itself on its constitution with the term "Commonwealth of Puerto Rico".[8] Regardless, the island is still considered to be under the jurisdiction of the Territorial Clause of the U.S. Constitution, which has led to doubts about the finality of the Commonwealth status for Puerto Rico. In addition, all people born in Puerto Rico become citizens of the U.S. at birth (per provisions of the Jones Act in 1917), but citizens residing in Puerto Rico cannot vote for president or for full members of either House of Congress. Full statehood would grant island residents full voting rights at the Federal level. The Puerto Rico Democracy Act (H.R. 2499) was approved on April 29, 2010, by the United States House of Representatives 223–169,[9] but was not approved by the Senate before the end of the 111th Congress. It would have provided for a federally sanctioned self-determination process for the people of Puerto Rico. This act would provide for plebiscites to be held in Puerto Rico to determine the island's ultimate political status. It had also previously been introduced in 2007.[10]

On December 11, 2012, the Legislative Assembly of Puerto Rico has enacted a concurrent resolution to request the President and the Congress of the United States to respond diligently and effectively, and to act on the demand of the people of Puerto Rico, as freely and democratically expressed in the plebiscite held on November 6, 2012, to end, once and for all, its current form of territorial status and to begin the process to admit Puerto Rico to the Union as a State.[11]

2012 referendum [edit]

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 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.[12] 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. Both referendums, however, would be held on a single ballot on November 6, 2012. The New Progressive Party of Puerto Rico endorsed statehood. The Popular Democratic Party of Puerto Rico endorsed the Commonwealth position and called for abstention in the second question. The Puerto Rico Independence Party endorsed the independence position.

During the 2012 presidential campaign, Gov. Romney voiced support for the referendum process, saying: "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 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."[13][14]

Puerto Rico statehood referenda occurred on November 6, 2012. The two-step process, however, removed the possibility that the outcome would be split in this way again.

The result of the 2012 referendum was 54% majority of the ballots casted against the continuation of the island's territorial political status, in favor of a new status, and a 61.1% majority for statehood, as the preferred, international recognized, constitutionally viable non-territorial options to the current territory status.[15][16][17] 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.[18][19] However, more than one quarter of voters abstained on the second question, after a campaign advocating abstention as a way of voicing support for the status quo. Statehood opponents have noted that the Statehood option only obtained 44% of the votes if abstentions are included. If abstentions are viewed as votes for continued commonwealth status, the result of the referendum is much closer to those past with 44% for statehood, 28% for the independence/associated state and 26% for the Commonwealth.

Proposed status [edit]

There are many differing points of view on what Puerto Rico should become should it change its current political status. However, of all the different points of view held, there are four that emerge in principle:

Several referendums have been held throughout Puerto Rico's history but no particular movement has achieved a majority.[citation needed] However, in a referendum held in 2012, 54% of the voters voted that they did not agree to continue with Puerto Rico's current political status;[20] constituting, for the first time in history, a majority on what should be the political status of Puerto Rico: "not what it is today", whatever that may be. Furthermore, in a second question, 61% favored becoming a U.S. state should Puerto Rico's political status change.[21][22]

In the following, we examine each of the proposed political status mentioned before and their implications should Puerto Rico maintain or change its political status after said referendum, since, ultimately, Puerto Rico's political status is subject to the plenary powers of the U.S. Congress and not on the people of Puerto Rico per Article IV of the Constitution of the United States and its Territorial Clause.

Status quo [edit]

Statehood [edit]

Comparisons with U.S. states [edit]

If Puerto Rico were to become a U.S. state, it would rank 29th in population. Assuming the House of Representatives was kept at its present size of 435 members, Puerto Rico would currently be entitled to five seats in the House [23][24][25] and therefore seven votes in the Electoral College. Puerto Rico has a GDP per capita approximately 25% lower than the lowest state, though existing states vary by up to 50%.[26] Puerto Rico's population in the 2010 census was 3,725,789. By comparison, Oklahoma ranked 28th, with 3,751,351, and Connecticut ranked 29th, with 3,574,097.

Puerto Rico, with an area of 5325 square miles, would rank 49th out of the 51 states in area, with only Delaware and Rhode Island being smaller.

Independence [edit]

Free association [edit]

See also [edit]

Further reading [edit]

References [edit]

  1. ^ CONDICIÓN POLÍTICA TERRITORIAL ACTUAL (English:Actual Territorial Political Condition). Government of Puerto Rico. State Electoral Commission. Nov 16 2012 9:59PM. Retrieved 18 November 2012.
  2. ^ OPCIONES NO TERRITORIALES. (English: Non-Territorial Options). Government of Puerto Rico. State Electoral Commission. Nov 16 2012 9:59PM. Retrieved 18 November 2012.
  3. ^ a b Rules of the House of Representatives : One Hundred tenth Congress (archived from (the original[dead link] on May 28, 2010).
  4. ^ ICasualties, accessed Nov. 2012.
  5. ^ 48 U.S.C. § 737, Privileges and immunities.
  6. ^ Constitution of the Commonwealth of Puerto Rico – in Spanish (Spanish).
  7. ^ Constitution of the Commonwealth of Puerto Rico – in English (English translation).
  8. ^ The term Commonwealth is a traditional English term for a political community founded for the common good. Historically, it has sometimes been synonymous with "republic". The Constitution of Puerto Rico which became effective in 1952 adopted the name of Estado Libre Asociado (literally translated as "Free Associated State"), officially translated into English as Commonwealth, for its body politic.[6][7]
  9. ^ Dwyer Arce (April 30, 2009). "US House approves Puerto Rico status referendum bill". JURIST – Paper Chase. 
  10. ^ Garrett, R. Sam; Keith, Bea (Jun 7, 2011). "Political Status of Puerto Rico: Options for Congress [Report RL32933]". Washington, D.C.: Congressional Research Service. 
  11. ^ The Senate and the House of Representative of Puerto Rico Concurrent Resolution
  12. ^ Puerto Rico’s Political Status and the 2012 Plebiscite: Background and Key Questions
  13. ^ 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. 
  14. ^ http://www.whitehouse.gov/sites/default/files/uploads/President_Letter_Puerto_Rico_Task_Force.pdf
  15. ^ November 7, 2012, 9:55 AM. "Puerto Rico votes for U.S. statehood in non-binding referendum". CBS News. Retrieved 2012-11-08. 
  16. ^ [1][dead link]
  17. ^ Associated Press (2012-11-04). "Puerto Rico vote could change ties to U.S.". SFGate. Retrieved 2012-11-08. 
  18. ^ "An Introduction to Puerto Rico's Status Debate". Let Puerto Rico Decide. Retrieved 2012-03-29. 
  19. ^ Puerto Ricans favor statehood for first time
  20. ^ "Papeleta Modelo Plebiscito 2012". CEEPUR. 
  21. ^ "CEE Event - CONDICIÓN POLÍTICA TERRITORIAL ACTUAL - Resumen" (in Spanish). Comisión Estatal de Elecciones de Puerto Rico. 2012-11-08. Retrieved 2012-11-08. 
  22. ^ "CEE Event - OPCIONES NO TERRITORIALES - Resumen" (in Spanish). Comisión Estatal de Elecciones de Puerto Rico. 2012-11-08. Retrieved 2012-11-08. 
  23. ^ Report By the President's Task Force On Puerto Rico's Status (December 2005)[dead link] Archived June 24, 2008 at the Wayback Machine[dead link]
  24. ^ "''Report By the President's Task Force On Puerto Rico's Status (December 2007)''" (PDF). Retrieved 2012-03-29. 
  25. ^ "H.R.900: To provide for a federally sanctioned self-determination process for the people of Puerto Rico.". Library of Congress THOMAS 
  26. ^ List of U.S. states by GDP shows Mississippi at $32,967 per capita in 2010 with Puerto Rico at $24,164 per capita in 2009.