Puerto Rico's Political Status

© 2003-2007 John Rivera-Resto. All Rights Reserved.

Puerto Rico is a U.S. territory which has been given self-governing "commonwealth" status. (The Commonwealth of the Northern Mariana Islands, located in the western Pacific Ocean, has a similar relationship to the United States.) What this means has never been absolutely clear; however, Puerto Rico has more latitude over its internal affairs than the U.S. territories of Guam, the U.S. Virgin Islands, or American Samoa.

Puerto Rico's current constitutional arrangements are the result of a treaty signed in 1952, so presumably it could become independent in the same way, a right not possessed by the states of the United States. Alternatively, it could be admitted as a state of the United States by a vote of the U.S. Congress, in the same way that Hawaii was in 1959.

Puerto Rico has approximately the same degree of authority over its internal affairs as an American state. The United States federal government controls interstate trade, foreign commerce, customs, aviation and navigation, immigration, currency, all military and naval matters, radio and television communications, mining and minerals, highways, the postal system, social security, and other areas generally controlled by the federal government in the United States. United States courts have the final say over the constitutionality of Puerto Rican laws. Puerto Rico may not conclude treaties with other sovereign states, although it does belong to some international bodies.

Puerto Rico's elected governor and legislature control all other internal affairs. The major differences between Puerto Rico and the states are greater financial autonomy (it levies its own taxes and is exempt from the Internal Revenue Code), its lack of voting representation in either house of the Congress and the ineligibility of Puerto Rican residents to vote in presidential elections.

The Puerto Rican Nationalist Party denounced the Constitution and Munoz Marin support as a sham, and attacked the Governor's mansion (La Fortaleza) in 1950, the Blair House, and the United States House of Representatives in 1954. Twenty-three people were killed and more than 50 were injured. Governor Munoz Marin inaugurated the new status called Estado Libre Asociado or Free Associated State in English and raised the Puerto Rican flag along with the national anthem of Puerto Rico for the first time on July 25, 1952 date in which Puerto Ricans celebrate the Constitution of Puerto Rico.

During its 8th session, the United Nations General Assembly recognized Puerto Rico's self government in November 27, 1953 with Resolution 748 (VIII).

Puerto Ricans have been U.S. citizens since 1917 by a statutory law called the Jones-Shafroth Act (or Jones Act) which can be modified at any time by the U.S. Congress (However, the citizenship of current U.S. citizens could not be revoked, only the status of those born in Puerto Rico in the future). They are free to live anywhere within the U.S. without a visa. Similarly, all U.S. citizens have the right to migrate to Puerto Rico without a visa. Puerto Ricans have no voting representation in the U.S. Congress and do not vote for the U.S. president. They don't pay federal income tax, but pay Social Security taxes. Puerto Rico has an elected Resident Commissioner, who sits in Congress as a delegate of the people of Puerto Rico the delegate may speak in the United States House of Representatives and serve in committees, but may not vote.

When asked to choose between independence, statehood, or continuation of the present status with enhanced powers, as proposed by the Popular Democratic Party, Puerto Ricans have voted to remain a commonwealth. However, dissatisfaction with the current status is evident. The issue is still being debated and is on the agenda of all the political parties and civil society groups. Many pro-commonwealth leaders within the PPD are proposing an Associated Republic or Free Association similar to that in the Marshall Islands or Palau. The left wing of the PPD has achieved some success in driving the party to a less conservative and more nationalistic stance.

Watch professors from Harvard and Boston Universities explain why
Puerto Rico should be independent instead of a state. 6min.