Puerto Rico became a U.S. territory in 1898, acquired from Spain after the United States triumphed in the Spanish American War. This territorial relationship, frequently referred to as Puerto Rico’s “political status,” has persisted unchanged since 1898.
In 1952, Congress approved Puerto Rico’s constitution. Dubbed “the Commonwealth of Puerto Rico,” the name became permanent, yet the legislation endorsing and recognizing the new “Commonwealth” constitution explicitly stated that the political status of the Island remained the same. Puerto Rico continued to be a territory.
As a territory, Puerto Rico is part of the United States but does not qualify as a state. It has been labeled a U.S. possession. The relationship between the U.S. and Puerto Rico falls under the Territory Clause of the U.S. Constitution, which asserts that “The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.”
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The Constitution’s stress on ultimately “dispos[ing]” of territories suggests that territorial status was intended to be temporary. Residents of the territory are unable to vote in presidential elections and have limited representation in Washington, resulting in an undemocratic situation that contrasts with the ideals of a nation that values democracy.
The Territorial Clause also empowers Congress “the authority and responsibility to determine Federal policy and clarify status issues to address the matter of Puerto Rico’s final status,” as expressed by the late Congressman Don Young (R-AK), who led the House Natural Resources Subcommittee on Indian, Insular and Alaska Native Affairs. In 1998, Rep. Young presented a Puerto Rico status bill, which successfully passed the U.S. House of Representatives but failed in the Senate. Over the years, Congress has sought to leverage the power of the Constitution’s Territorial Clause periodically, exemplified by the enactment of the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) in 2016.
Most recently, in December 2022, the U.S. House of Representatives approved the Puerto Rico Status Act (PRSA). This bill aimed to provide Puerto Ricans the opportunity to vote on their desired political status and pledged Congress to act based on that choice. The House passed the bill in mid-December, but Congress adjourned shortly after, preventing it from becoming law.
The PRSA was reintroduced in 2023, gaining increased support but ultimately failing to advance within the legislative process.
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An Uncertain Future
In recent years, discussions regarding Puerto Rico’s status in Congress have made it evident that many lawmakers acknowledge the issue of the United States maintaining a colony in the 21st century, yet Congress frequently operates at a sluggish pace. Considering Puerto Rico has been a U.S. territory since 1898, achieving full democracy for its people appears to be a particularly lengthy and complex task.
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