Not long ago, it seemed that Congress had come to some conclusions about the political status options for Puerto Rico. First, it was clear that Puerto Rico voters had already rejected the idea of continuing to be a territory belonging to the United States. Second, it was clear that the only viable status options were either statehood or nationhood. Puerto Rico could be a state of the Union, or an independent country.
There is no “best of both worlds” hybrid.
What about “enhanced commonwealth”?
Congress has repeatedly rejected the “enhanced commonwealth” option that the current resident commissioner seems determined to revive. The “commonwealth” party has for decades claimed that Puerto Rico had a unique relationship with the United States, defined by a compact between Puerto Rico and the United States. In fact, there was never a compact and there was never a unique relationship. Puerto Rico is simply a territory of the United States, like Guam.
Now it is becoming more clear that Puerto Rico does not have and cannot have a special enhanced commonwealth relationship under the U.S. Constitution. The Supreme Court has said it, the Financial Oversight and Management Board demonstrates it, and Congress continues to make it clear: Puerto Rico is a territory of the United States.
What about free association?
Separatists and commonwealthers alike are determined not to accept statehood. They know that independence is not popular with Puerto Rico voters and that most Puerto Ricans cherish their U.S. citizenship, which is guaranteed only under statehood. Some are responding to this frustrating situation by presenting free association as a repackaged “enhanced commonwealth.”
The nonpartisan Congressional Research Service prepared a report for Congress called “Political Status of Puerto Rico: Options for Congress.” This agency is in charge for gathering information for members of Congress. They had a look at the three status options which were presented in the Puerto Rico Status Act, and which have been presented in plebiscites for many years: independence, free association, and statehood.
In a section of the report called “The ‘Sovereignty in Association’ Status Option,” they wrote that “The first and third status options in the second plebiscite—independence and statehood, respectively—were straightforward… The second option uses terminology that is not necessarily widely recognized in discussions of political status. The proposed ballot language read: ‘Sovereignty in Association with the United States: Puerto Rico and the United States should form a political association between sovereign nations that will not be subject to the Territorial Clause of the United States Constitution.'”
They discussed attempts made to clarify the idea of what has come to be called “sovereign free association.” They then went on to say, “Others might have contended, however, that the meaning of the second option is less than clear, and could be interpreted by some as a reference to an option described as ‘enhanced Commonwealth,’ an option that task force reports have consistently rejected as viable options.”
In other words, facts presented to Congress by their research service say once again that free association is not a form of “commonwealth.” It is a relationship between two sovereign — that is, separate and independent –nations.
Let’s end the confusion
Let’s end the confusion. Whether supporters of free association are being deceptive or sincerely believe that Puerto Rico will be able to negotiate a Compact of Free Association which is completely different from all other compacts the U.S. has made with freely associated states like Palau, free association can’t be used as a new name for “enhanced commonwealth.”
Do your congressional representatives understand this? Reach out and make sure that they realize that statehood provides the equality and justice Puerto Rico deserves as well as the national security benefits the United States wants. Admitting Puerto Rico as a state will benefit both the territory of Puerto Rico and the entire nation.
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