Rafael Cox Alomar , professor of Law at the University of the District of Columbia, presented his book The Puerto Rico Constitution in the United States Congress.
The Preamble of Puerto Rico’s constitution begins, “We, the people of Puerto Rico, in order to organize ourselves politically on a fully democratic basis, to promote the general welfare, and to secure for ourselves and our posterity the complete enjoyment of human rights, placing our trust in Almighty God, do ordain and establish this Constitution for the commonwealth which, in the exercise of our natural rights, we now create within our union with the United States of America.”
Cox Alomar says in his book that the statehood party argued in 1952 that “our union with the United States of America” should read “our permanent union wit the United States of America.”
The preamble goes on to say, “In so doing, we declare:
The democratic system is fundamental to the life of the Puerto Rican community;
We understand that the democratic system of government is one in which the will of the people is the source of public power, the political order is subordinate to the rights of man, and the free participation of the citizen in collective decisions is assured;”
Puerto Rico’s political status
This stirring declaration leads Cox Alomar to point out that Congress is actually the source of Puerto Rico’s power and indeed the source of the constitution, which the U.S. Congress asked for and then altered before approving it. He also describes the next statement —
“We consider as determining factors in our life our citizenship of the United States of America and our aspiration continually to enrich our democratic heritage in the individual and collective enjoyment of its rights and privileges;”
— as a compromise between the statehood and commonwealth parties. Governor Muñoz Marín supported this phrase, which was approved shortly before the end of the convention, specifically because it left the question of Puerto Rico’s political status up in the air. However, Cox Alomar says, the courts have taken this phrase to mean that statehood is the natural outcome of Puerto Rico’s relationship with the United States.
However, he also points out that the statehood party tried and failed to include language explicitly demanding statehood.
The ending
This final section is also inspiring:
“We consider as determining factors in our life our citizenship of the United States of America and our aspiration continually to enrich our democratic heritage in the individual and collective enjoyment of its rights and privileges; our loyalty to the principles of the Federal Constitution; the co-existence in Puerto Rico of the two great cultures of the American Hemisphere; our fervor for education; our faith in justice; our devotion to the courageous, industrious, and peaceful way of life; our fidelity to individual human values above and beyond social position, racial differences, and economic interests; and our hope for a better world based on these principles.”
Thus, the Puerto Rico Constitution confirms the importance of U.S. citizenship in Puerto Rico. It also pledges acceptance of the U.S. Constitution. Under the U.S. Constitution, it is doubtful that any political status apart from statehood could provide continued U.S. citizenship. While the constitution of Puerto Rico does not call for statehood, it is consistent with statehood.
Image courtesy of Casa de América
One response
+KEY FACTS on US Territory of PR (SUMMARY)+
Puerto Rico Status (US Constitution): is US Territory–per unfair/trite Territorial Clause (1787)-“US Congress shall have the Power to dispose of & make all needful rules and regulations respecting the Territory or other Property that belongs to the US…” (Undemocratic)
+US Constitution only mentions 4 Status/forms of Government–one for: States, Territories, Indian Tribes, & District of Columbia.
+“Commonwealth”/“ELA-Free Associated State” isn’t a Status in the US Constitution; has NO legal meaning; is a political distorted name to cover-up/fool People as to the true Territorial Status. Besides, the US Congress is not above the US Constitution to create a new Status or give up its Territorial Clause powers, as it allowed PR to have a Territorial Government (per 1950 Federal Relations Act); gave a statutory (2d Class) US Citizenship that can likely be revoked-(source is the Territorial Clause, NOT 14th Amendment/1917 Jones Act…)
• USSC Insular Cases (1901-1925+) based on racism-unjustly states-*“Puerto Rico is an “unincorporated US Territory; more foreign than domestic, belongs to, but, is not part of the US (soil)…” (not in US Constitution)- “Separate and Un-Equal Status” with limited US Constitution application/ 2d Class US Citizenship which goes against US core Values/Principles of a Representative Democracy.
+These nonsensical “double standards” were NOT applied to other US Territories before PR; are based on Racism by same Court of “Plessy vs Ferguson”(Black discrimination); condemned by Justice Marshall, Gorsuch, Sotomayor, & Others, who rightly support revoking them…
• US Citizenship (Types/Basis/Sources): (See 8th USC Code-NATIONALITY & NATURALIZATION)
• Individual Birthright Citizenship (permanent)-Code §1401- “jus soli” (right of soil) per 14th Amendment-States: “All persons born or naturalized in the United States…are citizens of the US and of the State wherein they reside.” US Territories or Unincorporated Insular Possessions–are NOT mentioned nor have full Constitutional Rights/ Equal protection…(See “Insular Cases”/Other)
• Individual Naturalization US Citizenship (permanent) (8 USC Code-Naturalization)-per 14th Amendment–process through which individual immigrants from other Countries can become US Citizens… (PR isn’t under this part/Code.)
• Acquired Citizenship- “jus sanguinis”-right of blood by descent (8 U.S. Code § 1401/ § 1409/ § 1431/ § 1433) those individuals born in other Countries that acquired US Citizenship from their US Citizen Parents…
• Collective Statutory US Citizenship (non-permanent) Code §1402-per US Territorial Clause & racist Insular Cases (1901-1925+)-led to the 1917 PR-Jones Act-that grants PR statutory US Citizenship (can be amended or revoked or ENDs upon Independence).
+The US Supreme Court has wrongly established that the US Constitution doesn’t fully apply to Puerto Rico, except for some broad rights that have not been defined (Downs vs Bidwell-1901; Balzac vs PR-1922; Harris v Rosario-1980; Other biased Cases).
• PR lacks Parity in US Laws; Programs & Funding-Since 1898-has lost about $300 Billion in Federal funds (for Veterans, Social Security, MEDICARE, MEDICAID, Infrastructure, Education, SSI, etc.) that other US Citizens fully get!
• Jones (Merchant Marine) Act (1920)-is outdated; stifles competition, etc.; plus, unfairly imposes higher costs on Puerto Ricans who pay about 40% of total; badly hurts the Economy/Progress; as a majority of States, don’t pay this unfair hidden US shipping tax.
• End PR’s Territorial Status Federal Plebiscite general definitions—(Example–per facts; not political distortion)–
+STATEHOOD-MEANS: Admission to our diverse “UNION of STATES”—united under our US Constitution, Laws, & Representative Democracy; EQUAL & permanent US Citizenship with– full Rights, Benefits, and Responsibilities;
PR-STATE Identity, Constitution, Flag, Sovereignty, etc.–as other States & US Citizens have under our noble US Flag…
+INDEPENDENCE- MEANS: Puerto Rico National Sovereignty under PR Constitution/ Laws, PR Citizenship…; with loss of US Jurisdiction-Constitution & Statutory US Citizenship Rights, and Benefits…
o INDEPENDENCE with Free Association PACT-MEANS: Puerto Rico National Sovereignty under PR Constitution/ Laws, PR Citizenship…; with loss of US Jurisdiction-Constitution & Statutory US Citizenship Rights, and Benefits… But, with a negotiated PACT between Independent Nations on Terms (like trade, defense, etc.) that can be terminated by either side…
+Free Association is a Pact between Independent Nations (with own Citizenship), like: Marshal Islands, Palau, & Micronesia.
+US Congress must protect statutory US Citizens in the States or let them Vote because the outcome affects them…
“Even if one US Citizen can’t vote; is one too many!”
The Federal Government must ensure—Fairness/Justice-full Civil Rights for all “We the People” (who come first)/ “consent of the governed”; a just Representative Democracy as it takes action to: (1) Revoke unjust Laws that are biased or undemocratic: (like-Insular Cases, 1920 Jones Act, & Others (2) Amend US Constitution (make better) — adopt: “US Citizens’ Equal Rights-Protection Clause” that treats all US Citizens equally-no matter the residency, under our noble US Flag (3) revoke or amend the unjust Territorial Clause…
“UNITED, with Facts, Truth and Reason, for the Good of ALL!”
+CONTACT/Educate/Inform (based on FACTS): MEDIA/Federal Government: https://www.house.gov/representatives
Senate: https://www.senate.gov/senators/senators-contact.htm President: http://www.whitehouse.gov/contact
POC: DENNIS O. FREYTES (MPA/MHR/BBA)-US Army Retired/Florida Veterans Hall of Fame- dennisfreytes@hotmail.com *Executive/Manager; ex-Trustee Valencia College*Professor (PMS)-Director USA Officer ROTC School (w/1,000- University Students) University PR; *Civic Action Servant Leader*Advisory Boards-US President/Congressional/State/Local *Other
“God Bless our diverse, but UNITED noble USA!”