Christina D. Ponsa-Kraus, a constitutional law professor originally from Puerto Rico at Columbia Law School, has recently contributed an article to Time Magazine that highlights the complexities involved in addressing Puerto Rico’s colonial relationship with the United States.
Ponsa-Kraus opens by referencing a concept familiar to many readers: U.S. citizens in Puerto Rico lack voting representation in Congress. Yet, she states, “Congress, and only Congress,” possesses the authority to establish a new, more democratic governance structure between the United States and Puerto Rico.
The “colonial catch-22” is apparent, she clarifies. In her view, “Puerto Rico continues to be a colony because it has no influence in Congress, and it has no influence in Congress because it remains a colony.”
Why Maintain the “Commonwealth” Status Quo?
She notes that “Observers who are unfamiliar with the discussions question why Congress should take any action at all if many Puerto Ricans support the status quo.” The reality is that very few individuals in Puerto Rico are satisfied with the existing arrangement.
As Ponsa-Kraus highlights, “even supporters of the commonwealth have attempted to ‘enhance’ it,” seeking to incorporate unconstitutional and impractical rights for Puerto Rico that have never received approval from the U.S. government.
Ultimately, Ponsa-Kraus asserts that the “Commonwealth” of Puerto Rico is still a colony, “albeit one with an appealing name.”
Can Puerto Rico Achieve Decolonization?
Ponsa-Kraus acknowledges that some have suggested Puerto Rico should determine its own future by holding a constitutional convention, effectively gathering a group of delegates outside of Puerto Rico’s formal legislative framework.
She dismisses this notion, emphasizing that “a convention would not resolve the issue” and “for Puerto Rico to stop being a colony, Congress must fulfill its obligations.”
“More importantly,” she concludes, “overlooking this reality and creating the false notion that Puerto Rico can decolonize itself would essentially be an exercise in self-deceit.”
The 2024 Plebiscite Vote
Ponsa-Kraus shifts her focus to the forthcoming plebiscite scheduled for November 5th, which will be the seventh status vote in Puerto Rico. “Some contend that a status vote is futile since Congress will never respond,” she observes. “However, their argument raises the question: a status vote serves as a call for congressional action.
After years of plebiscites, it is evident that yet another plebiscite will not simply trigger a more comprehensive democracy. Only Congress can ultimately provide Puerto Rico with a permanent political status.
“The message to Congress will be unmistakable,” Ponsa-Kraus states. “[T]his is what it means to fulfill your responsibilities.”
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