Pablo José Hernández Rivera has been appointed as the new Resident Commissioner of Puerto Rico. After a 25-year hiatus, Puerto Rico’s delegate in Washington will now stand against the push for statehood.
Nonetheless, Hernández Rivera also intends not to actively oppose statehood, according to his latest op-ed in The Hill. He asserts that “Puerto Ricans are simply fatigued by the unproductive status discourse,” committing to cease “spending time discussing Puerto Rico’s political status.” He wishes to focus on “advancing new strategies for the island’s economic growth, ensuring equitable treatment within federal programs, and fast-tracking the allocation of federal funds for the reconstruction of the electric grid.”
In summary, the newly elected Resident Commissioner is determined that his role “is to set aside statehood and emphasize economic progress.”
However, he is equally transparent in his desire to “preserve and enhance” Puerto Rico’s “commonwealth” status. What implications does this hold?
Revisiting the “enhanced commonwealth”?
Puerto Rico is frequently referred to as a “commonwealth,” similar to how Kentucky is designated the “commonwealth of Kentucky.” Legally, the term is irrelevant in the U.S.: Puerto Rico is categorized as an unincorporated territory. Since adopting the “commonwealth” label in the 1950s, assertions have been made that “commonwealth” represents a distinctive relationship between the U.S. and Puerto Rico that could evolve, enhance, or transform into something significantly different from its current territorial designation.
This has never materialized. There have been no lasting “enhancements” to Puerto Rico’s “commonwealth” classification that have surpassed the Territorial Clause of the U.S. Constitution. In fact, Puerto Rico has seen a decline in rights over time, prompting large-scale migration from the island to the fifty states. Essentially, Puerto Ricans seeking “enhanced” rights have effectively opted for statehood through their actions.
Numerous proposals to “enhance” the “commonwealth” have been put forward over the years, yet these ideas have consistently been dismissed by all three branches of the federal government and both major political parties in the U.S. Proposals included:
- Puerto Ricans would obtain permanent, unchangeable U.S. citizenship while Puerto Rico transitions into a separate, sovereign nation.
- Puerto Rico could selectively adopt U.S. federal laws, disregarding those it disagrees with.
- The local government could enter into treaties with other countries, but “the free flow of goods and services between the two nations will persist.”
- Nutrition aid, Pell Grants, Medicare, Social Security, and other federal benefits would continue.
- The U.S. would allocate additional annual funding to Puerto Rico without conditions.
- Congress would be unable to alter the terms of the agreement without Puerto Rico’s agreement; this would be a “permanent union.”
Refer to the comprehensive “Enhanced Commonwealth” Platform, as ratified by the Popular Democratic Party of Puerto Rico (which is independent of the U.S. Democratic Party), in 1998.
Following years of ambiguity, the notion of the “enhanced commonwealth” has largely been discredited. “Commonwealth” has progressively been removed as a voting option in status referendums, and numerous advocates of the “commonwealth” party have begun to push for independence with free association as an alternative. Still, Hernández Rivera persists in discussing the enhancement of the ELA — the “commonwealth.”
Equity without statehood?
In his op-ed for The Hill, Hernández Rivera articulates his support for Puerto Rico’s entry into the U.S. federal nutrition assistance program (SNAP), fairness in Medicaid financing, and backing for manufacturing sectors.
Regrettably, even if Hernández Rivera successfully convinces the next Congress to secure equal federal benefits for Puerto Rico, a future Congress could revoke those benefits. Historical precedents exist: Puerto Rico was once included in the federal nutrition assistance program until Congress eliminated those advantages. Congress can always alter rules concerning territories.
Conversely, states enjoy “equal footing” under the U.S. Constitution, meaning Congress cannot withdraw benefits from a single state.
Recently, Puerto Rico has gained access to tax credits that were previously unavailable to the island, but there is no assurance that these opportunities will persist. Without statehood, equality for Puerto Rico as a territory remains ephemeral and unpredictable.
Hernández Rivera
The concluding paragraph of Hernández Rivera’s op-ed in The Hill highlights his ambition to improve the “commonwealth” status.
“Once we get back on the right path, we can discuss status,” he stated. “When we do, it is essential to be inclusive and democratic and to honor the people’s right to decide on statehood, independence, free association, or to maintain and enhance their existing commonwealth status.”
As previously mentioned, “commonwealth” is not a formal legal term meant to define the island’s present status. Nevertheless, can Puerto Rico strengthen its relationship with the U.S. outside the constraints of the Territorial Clause of the U.S. Constitution? This has not yet been realized. Despite numerous efforts over decades, no significant “enhancements” to the “Commonwealth” have emerged since the establishment of the Puerto Rico “Commonwealth” Constitution in 1952. All that has transpired are limitations on Puerto Rican authority.
The Territorial Clause of the U.S. Constitution grants Congress comprehensive power over territories, mandating it to create “all necessary rules and regulations” for them.
Hernández Rivera is an attorney, holding degrees from Stanford and Harvard, with experience in the courts in Puerto Rico and Washington, D.C. He is anticipated to serve on the House Natural Resources Committee and has shown interest in the Transportation and Agriculture committees.
Additionally, he is the grandson of Rafael Hernández Colón, a distinguished former Governor of Puerto Rico. He has edited his grandfather’s work on the “commonwealth” concept and a collection of essays “aimed at equipping readers with insights to comprehend and promote the Commonwealth, as well as to understand the shortcomings of statehood and sovereignty for Puerto Rico,”
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