While some leaders have said outright that Puerto Rico should ignore the question of status for now, others argue that Puerto Rico’s political status continues to lie at the heart of U.S.-Puerto Rico policy. Puerto Rico’s current political status, that of an unincorporated territory, is a powerless position that leaves residents at a serious disadvantage in the formation of the federal laws. Ultimately, all roads lead back to political status.
But what options are available to Puerto Rico to enhance its political status?
Statehood
Statehood is straightforward. There are 50 states, and, in the words of the Supreme Court, they are all on “equal footing,” sharing in the same “power, dignity and authority.” Residents of each state have equal rights and equal responsibilities under federal law.
Independence
Similarly, there is little ambiguity over independence. There are 163 independent nations that are members of the United Nations. Each nation has its own citizenship and sovereignty, meaning that it has the power to make its own laws and is self-governing.
Of the 163 members of the United Nations, three of these countries are also Freely Associated States (FAS) associated with the United States: (1) Republic of the Marshall Islands, (2) Republic of Palau, and (3) Federated States of Micronesia. Under the free association arrangement, the U.S. has unfettered access to the nations’ land, water and air for national security and defense purposes, but FAS migrants may stay in the U.S. without a visa even though they are not U.S. citizens.
Territory or “Commonwealth”
Puerto Rico is a territory of the United States. It became a U.S. territory in 1898, when it was acquired from Spain after the Spanish-American War.
With just over 3 million residents, Puerto Rico is the most highly populated of all United States territories. People who are born in Puerto Rico are U.S. citizens.
The power of Congress over territories is exclusive and complete, as described under Article IV of the Constitution:
The Congress shall have the power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States.
A piece of land belonging to the United States can be only a territory or a state under U.S. law. Statehood is permanent; territory can be a temporary. Most states of the U.S. were once territories.
In 1950, the Federal government authorized Puerto Rico to draft a local constitution for Federal approval with the condition that the new document would not change Puerto Rico’s status as a territory. The new constitution would only grant Puerto Rico autonomy over its local affairs, relieving Washington of that responsibility. After the law passed, Puerto Rico held a convention at which approval was granted for a local constitution that was titled “The Constitution of the Commonwealth of Puerto Rico.” Congress reviewed this document and required changes. The Constitution was returned to Puerto Rico, the requested changes were made, and Congress approved Puerto Rico’s local constitution through Public Law 82-447, enacted in 1952.
The Puerto Rican “Commonwealth” constitution did not change its official status as a territory of the United States. Official documents from Congress make that clear. Congress had – and still has – ultimate control over Puerto Rico.
Commonwealth Status: A History of Rejection by the U.S.
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