A recent Reddit forum post complained that Puerto Rico statehood supporters have “never presented a concrete transition plan” for statehood. They went on to list the things they felt should be included in a concrete transition plan, which they hadn’t seen for statehood:
- No economic roadmap.
- No legal framework for adapting Puerto Rico’s laws to federal systems.
- No plan for federal representation or political integration.
- No explanation for how to resolve the language barrier or economic disparities.
Actually, the Puerto Rico Status Act includes a plan for transition to statehood, but it has a different list of topics, so let’s look at these four items.
Economic roadmap
We have seen some practical economic development proposals for Puerto Rico, but such plans will necessarily depend on the leadership at the time of statehood. We can say with confidence that there are some predictable economic changes which will certainly come with statehood.
First, Puerto Rico will have the same federal benefits as the states. All states are admitted on equal footing with existing states. Right now, Puerto Rico has a poverty rate three times that of the United States as a whole and significantly less in benefits under nutrition assistance, Medicaid, and other federal programs. Equal rights under federal programs will help with the transition to a prosperous state.
Second, Puerto Rico can expect to see external investments. Every territory that has become a state (that’s 32 of the current 50 states) saw increased investments and increased prosperity under statehood. That has been true for every state over centuries, so we are confident that it will be true for Puerto Rico as well. Companies will naturally be more willing to invest with the stability of statehood than in an unincorporated territory that could become a foreign country at some point.
Legal framework
Puerto Rico is a territory belonging to the United States. There are no laws in Puerto Rico which are in conflict with the federal laws. Cases where there was a conflict — such as the laws on cockfighting and the death penalty — are resolved easily enough because the U.S. Constitution is the last word on law in everything state and territory. When the Constitution is silent on any question, states can make their own laws.
State and federal laws come into conflict from time to time and sometimes they have to go to court. This is nothing special about Puerto Rico.
The Puerto Rico Status Act includes details on laws and court procedures, as well as questions like taxes and land ownership, education, and debts. The plan calls for continuity of laws. Read the text of the act.
Federal representation
The state of Puerto Rico will have two U.S. senators, as do all states. The number of representatives in the House will depend on the population of Puerto Rico at the time of admission. Under the territory status, Puerto Rico is losing population quickly, so we cannot predict the number, but there is no uncertainty about it. There is a formula used to determine the number.
In most cases, a new state will have these representatives appointed by the governor or elected by their legislator until a special election can be called among the voters. Thanks to the 10th amendment once again, it’s up to the state how they choose to handle it.
The Puerto Rico Status Act specifies that senators and representatives would be elected in the first general election after admission, and that the delegation would replace the acting Resident Commissioner. If there is a new piece of legislation about Puerto Rico’s political status, that bill will probably lay out the process just as this one does.
As soon as Puerto Rico is a state, voters will be eligible to vote in presidential elections, just as they are now as soon as they move to a state.
Resolving problems
The person who posted this list also wants to know how statehood will solve the language question and the problem of economic disparity. As always, the 10th amendment of the U.S. Constitution says that anything not covered by the Constitution is up to the states. Language use is one of those things, and Puerto Rico will not be the first state with more than one official language.
Economic disparity is certainly a problem in Puerto Rico, and in many of the states as well. Statehood is likely to mean the end of the tax haven laws in Puerto Rico, but it is up to the state. The state could also end the crippling levels of sales tax and local income tax which are required to keep the territory running. These decisions would be up to the voters and their elected representatives.
And of course these are not the only concerns in Puerto Rico right now. Statehood will not automatically solve all problems in Puerto Rico. It will, however, provide a level playing field on which Puerto Rico can show the true capacity of the Island and the people.
Transition plans
The Puerto Rico Status Act lays out transition plans for independence and free association, which caused objections in many quarters. Realistically, either of these forms of nationhood will require entirely new governments, laws, and economic plans, none of which will exist before voters are asked to commit to them. The current President of the Independence Party in Puerto Rico called for a Socialist Republic of Puerto Rico in his youth, and that might be one of the options. Stateside independence supporters often call for a version of independence that assumes the United States will bankroll it, but that will not be up to Puerto Rico. People voting for independence do not actually know what they are signing on for.
There is no real transition plan for “enhanced commonwealth” because it is in conflict with the U.S. Constitution and therefore impossible.
Statehood is not so mysterious. There are 50 existing states to provide examples and a complete set of federal laws, including the U.S. Constitution, to guide the formation of the new state of Puerto Rico. Puerto Rico also has a constitution, approved already by Congress, to support and guide decision making on the Island.
Statehood is not only the sole status option that guarantees citizenship for Puerto Ricans and their descendants, but it is also the simplest and most logical status for the Island to move into. Tell your legislators that you want to see them on the right side of history.
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