Political status of Puerto Rico

Puerto Rico Commonwealth Flag. It was officially adopted in 1952.

Flag of the United States of America.

The Political Status of Puerto Rico focuses on the question of whether this unincorporated territory of the United States should join the United States as a new federated state, maintain the current relationship under the definition of the Commonwealth under the terms of the 1952 Constitution or become an independent country, either in the form of a free association with the United States or a sovereign state with complete control over its national and territorial affairs. Six referendums (1967, 1993, 1998, 2012, 2017 and 2020) have been held locally, with the approval or hearing of the United States Congress, with the purpose of knowing the opinion of its residents.

On various occasions, the Federal Government of the United States has reiterated its support for the self-determination of the residents of Puerto Rico, who have been United States citizens since 1917, expressing their willingness to actively collaborate with the integration of Puerto Rich as a state of the union if its residents so decide. Presidents Gerald Ford, Ronald Reagan, and George H. W. Bush openly favored the admission of Puerto Rico as a state of the union. Jimmy Carter, Bill Clinton and Barack Obama have also favored self-determination for the residents of the US island territory and expressed their support for any decision emanating from the people.

The legislature of Puerto Rico approved on December 11, 2012 a concurrent resolution to require the President and Congress of the United States to act in accordance with the claim of the People of Puerto Rico to end once and for all all with the current territorial status of Puerto Rico and that the process to admit Puerto Rico as a State of the Union be initiated, as expressed freely and democratically in the plebiscite that was held on November 6, 2012; and for other related purposes.

The Legislature did the same in December 2020 so that Congress and President Joe Biden would recognize the results and support the statehood of Puerto Rico.

Background

The United States gained control of the island territories of Puerto Rico in 1898 with the end of the Spanish-American War and the Treaty of Paris. In 1950, Congress enacted a law (Public Law 81-600), which authorized Puerto Rico to hold a constitutional convention, and by 1952, the residents of Puerto Rico ratified a Constitution that established a republican form of government for their territory. After being approved by Congress and the President in July 1952, and under the terms and conditions of Law 82-447, the new Constitution entered into force on July 25, 1952.

Puerto Rico has been under United States sovereignty for more than a century, and Puerto Ricans have been United States citizens since 1917. Since the promulgation of the current Commonwealth Constitution in 1952, there have been local attempts to change the political status of the island, which resulted in three referendums held in 1967, 1993 and 1998. An additional referendum was held in 1991 to try to modify the relationship with the United States through an amendment to the Constitution of Puerto Rico. The results of such referendums or plebiscites favored maintaining the current situation over the options for independence and statehood.

As a result of the current status as an unincorporated territory of the United States, US citizens residing in Puerto Rico do not have voting representation in Congress. Instead of direct representation through Senators and Representatives in the White House, Puerto Rico only has one, non-voting Resident Commissioner in the House of Representatives. On the other hand, Puerto Rico is not represented in the Electoral College, and therefore citizens residing in Puerto Rico are not eligible to vote in the presidential elections every four years. Although Puerto Rico currently enjoys a certain degree of local autonomy, according to the United States Constitution, the government of the island is governed under the authority of the United States Congress and the President. Therefore, The results of plebiscites, whether or not authorized by Congress, while reflecting public sentiment, and despite having a certain impact, can be ignored by Congress. Ultimately, the results of the Puerto Rico plebiscites are non-binding opinions, despite resolutions in Congress that have expressed support for the exercise of self-determination by the people of Puerto Rico.

Federal Relations Act

United States Public Law 81-600 (PL 81-600), which authorized the process that led to the 1952 Constitution, followed the provisions of the 1917 Jones Act that govern the relationship between Puerto Rico and the USA. A set of provisions that is commonly known as the Federal Relations Act (FRA) 48 USC § 731. The provisions of the Federal Relations Act as codified in Title 48, Chapter 4 of the United States Code shall apply to the island of Puerto Rico and adjacent islands belonging to the United States, as well as the waters of the islands, and the name of Puerto Rico, as used in this chapter, shall be understood to include not only the island of that name, but also all adjacent islands, as established. The FRA includes provisions originally contained in the Organic Law of 1917 (39 Stat. 951) that established a government emanating from Puerto Rico's civil society. of 1917 is known as the Jones Act. The Jones Act of 1917 was the second Organic Act Congress passed for Puerto Rico, the first being the Foraker Act, passed by Congress in 1900 (31 Stat. 77). The content of the FRA deals primarily with matters that are subject to the authority of Congress and that are established in accordance with federal law, such as the citizenship status of residents, their civil rights, trade, taxes and public finances, administration of federally controlled public lands, enforcement of federal navigable water law, congressional representation, and judicial processes.

Although the 1952 Constitution establishes autonomy for Puerto Ricans, Congress did not relinquish its ultimate authority over the islands. Occasionally, Congress has made its ultimate authority manifest by enacting legislation that is pertinent to local issues. For example, Congress amended the FRA provisions dealing with local urban development and the Slum Clearance Authority in 1955. See 48 USC §914.

Terminology

The current English term, "commonwealth", used to describe Puerto Rico politically is the same terminology used elsewhere, but with different meanings completely in what is understood for the particular case of the Caribbean territory:

• Commonwealth (Mancommunity, in Spanish) is the denomination that four states of the American Union have chosen for themselves, even though their relationship with the United States is identical to that of any other state. These states are Kentucky, Massachusetts, Pennsylvania and Virginia.
• Several independent states use the term "Commonwealth" in their own style, such as the "Commonwealth of Australia" or the "Commonwealth of the Bahamas", historically Iceland and the Commonwealth of Poland-Lithuania have also used the style in English. Here referring to its original definition, as a Latin translation res publica.
• Commonwealth is part of the name of the Commonwealth of Nations, a group of independent nations, who voluntarily joined by common ties of various types and whose membership is subject to unilateral revocation by either party.
• Commonwealth It is also used in the Commonwealth of Independent States (CIS), formerly part of the Soviet Union, but now a group of independent nations that voluntarily joined by close ties of various kinds.

In the United States, however, the "Commonwealth" it is also a term with no clear and stable legal definition, now and formerly used for current and past possessions of the United States:

• Commonwealth It was a term used by the Philippines before winning its independence from the United States in 1947 and becoming a republic, before the Supreme Court of Justice of the United States had declared it to be an unincorporated territory of the United States.
• Commonwealth is the term used by the American territory of the Northern Mariana Islands, a country that is still, without doubt “a colony and in the light of the criteria of decolonization adopted by the United Nations, and [that] is openly treated as a territory by the United States government.”
• The definition of Commonwealth According to the current policy of the U.S. Department of State (as stipulated in the Department's Foreign Affairs Manual) reads as follows: "The term Commonwealth does not describe or establish any specific political condition or relationship. Both states and territories have used the term to name themselves. When used in relation to areas under the sovereignty of the United States that are not States, the term broadly describes an area that is autonomous under a constitution of its own adoption, and whose right of self-government would not be unilaterally withdrawn by Congress."

Juan R. Torruella, a judge of the Court of Appeals for the First Circuit (the Federal Court of Appeals with jurisdiction in the Federal Court for the District of Puerto Rico), affirms that the use of the term Commonwealth is a label with which "can deceive and hide the true nature of things". He asserts that Puerto Rico is obviously not a state, and that "neither the status of Puerto Rico nor its relationship to the United States is compatible with any legitimate claim that a British type of "Commonwealth" 3. 4; that existed for Puerto Rico and the United States".

The insular cases

Historically, it has been noted that "any investigation into the situation (status) of Puerto Rico must begin with the Constitution of the United States, as well as the various decisions of the Supreme Court and lower courts". Almost immediately after Puerto Rico was ceded to the United States, Puerto Rico's political status was defined by a series of landmark decisions made by the United States Supreme Court in what are collectively known as the Insular Cases. From 1901 to 1905, the United States Supreme Court in a series of opinions held that the Constitution extends ex proprio vigore to the territories. However, the Court in these cases also established the doctrine of the incorporation of the territories. Under them, the Constitution is only fully applied in the incorporated territories, such as Alaska and Hawaii, while it is only partially applied in the new unincorporated territories of Puerto Rico, Guam, and the Philippines. Although other cases followed them, strictly speaking the Insular Cases are the original six rulings issued on the territories acquired as a result of the Treaty of Paris (1898). The six cases were as follows:

• "De Lima vs. Bidwell", 182 U.S. 1 (1901): A plaintiff challenged the imposition of duties for the import (arances) of Puerto Rico's sugar to the United States. The Court favored the plaintiff and argued that Puerto Rico was not a "foreign country" and therefore tariffs are not valid.
• "Goetze vs. United States (Crossman against the United States)", 182 U.S. 221 (1901).
• "Dooley vs. United States", 182 U.S. 222 (1901).
• “Armstrong against the United States” 182 U.S. 243 (1901).
• “Downes v Bidwell”, 182 U.S. 244 (1901): Considered as the main Insular Case, he concluded that the United States could acquire territory and exercise unrestricted power to determine the rights to grant its inhabitants. The "fair phase" is included: "Although in an international sense, Puerto Rico was not a foreign country, as it was subject to sovereignty and owned by the United States, it is foreign to the United States in a domestic sense, because the island is not incorporated into the United States, but it belongs to it merely as a possession." The case created the unprecedented constitutional category of "non-incorporated rituals".
• “Huus vs. New York and Porto Rico Steamship Co.”, 182 U.S. 392 (1901).

Other authorities, such as José Trías Monge, affirm that the list also includes two other cases:

• “Dooley vs. United States”, 183 U.S. 151 (1901)
• “Fourteen Diamond Rings vs. United States”, 183 U.S. 176 (1901)

The Supreme Court of Justice produced other decisions after these dates. For example, in Balzac v. Puerto Rico, 258 U.S. 298, 305 (1922), the distinction between an incorporated and an unincorporated territory is explained. Juan R. Torruella reiterated in this way that, "an unincorporated territory is a territory in that, when it was acquired by the United States, no clear intention was expressed that it would eventually be incorporated into the Union as a State".

Since the Insular Cases had established that only the rights in the United States Bill of Rights that are declared "fundamental" are applicable in unincorporated territories, the implications of the Balzac v. Puerto Rico have been formidable. For example:

• The Court held that the right to a jury trial is not a fundamental right, and therefore it is not necessary to grant them to the defendants in Puerto Rico. (see Dorr vs. United States, 195 U.S. 138, 149; See also Balzac vs. Puerto Rico, 258 U.S. 298, 312).
• The Court relied on the Downes and Balzac cases to justify the pure and simple denial of the Supplementary Income Insurance (SSI) for U.S. citizens who had moved to Puerto Rico from the United States. This decision allowed the United States Congress to deny Supplementary Income Insurance (SSI) for age reasons and benefits for children and the poor residing in Puerto Rico, including in the case of an insured person who had worked his entire life in the United States (inbuilt territories) and then moved to live in Puerto Rico. (see Califano vs. Torres, 435 U.S. 1 (1978)).

In a brief concurrence during the Supreme Court opinion in Torres v. Puerto Rico, 442 U.S. 465 (1979), Supreme Court Justice Brennan, held that the Insular Cases' implicit limits on the basic rights guaranteed by the Constitution (including especially the Bill of Rights) were an anachronism in the 1970s.

Implications of the current political status

Autonomy level

Under the Constitution of Puerto Rico, Puerto Rico designates itself with the term Commonwealth or "Commonwealth" and its residents have a level of administrative autonomy similar to the citizens of any state in the United States and, like states, it has a republican form of government, organized according to a popularly adopted constitution, and a Bill of Rights. The Constitution, approved by the United States Congress, went into effect in 1952. Furthermore, like the States of the Union, Puerto Rico lacks "the absolute independence of an independent nation," for example, the authority to manage its "international relations with other nations" is retained by the Federal Government.

Constitutionally, Puerto Rico is subject to the plenary authority of Congress under the territorial clause of Article IV, sec. 3 of the United States Constitution. Federal law applies to Puerto Rico, even though Puerto Rico is not a state of the United States and its residents do not have voting representation in the United States Congress. By reason of the enactment of the Federal Relations Act of 1950, all federal laws that are not in a "local sense unenforceable" they shall become the law of Puerto Rico. Since the 1950 and 1952 legislation, only two judicial decisions have held that a particular federal law, which does not specifically exclude or treat Puerto Rico differently, is inapplicable to Puerto Rico. The most recent decision was abandoned on appeal. Efrén Rivera Ramos, Dean of the School of Law and Professor of Law at the University of Puerto Rico, clarified the meaning of plenary powers, explaining that "the government of a state obtains its powers from the people of the state, not Nevertheless the government of this state owes its existence entirely to the United States of America. In this way the Court seems to equate plenary power with exclusive power. The government of the United States could exercise over a territory the power that it could not exercise over the states." Ramos quotes Judge Harlan, writing in 'Grafton v. the United States', 206 U.S. 333 (1907), "The jurisdiction and venue of the United States over that territory [referring to the Philippines] and its inhabitants, for all legitimate purposes of government is of the utmost importance.". Ramos argues to this effect: "This power, however, is not absolute, since it is restricted by some then undefined fundamental rights that every person subject to the authority of the United States government possesses".

Relation of Federal Agencies with Puerto Rico

On November 30, 1992, President George H. W. Bush issued a memorandum to the heads of executive departments and agencies establishing the current administrative relationship between the federal government and the Commonwealth of Puerto Rico. This memorandum addresses all federal agencies, agencies, and officials to treat Puerto Rico administratively as if it were a state, to the extent that failure to do so would interrupt federal programs or operations.

Citizenship

Since 1917, people born in Puerto Rico have been granted United States citizenship. U.S. citizens residing in Puerto Rico, whether born there or not, are not residents of a state or the District of Columbia and, therefore, are not eligible to vote, in person or by absentee ballot, in federal elections.

Puerto Ricans “were collectively instituted as United States citizens” in 1917 as a result of the Jones-Shafroth Act. The law was signed into law by President Woodrow Wilson on March 2, 1917. The elucidation of federal law into federal law codified within United States Code (U.S.C.) Title 8, 8 USC § 1402, approved by President Harry S. Truman on June 27, 1952, declared that all persons born in Puerto Rico on or after January 13, 1941 would be U.S. citizens by birth (“natural born U.S. Citizen” by its English terminology) and also as all persons born in Puerto Rico between April 11, 1899 and January 12, 1941, and given the fulfillment of certain technical requirements, not yet citizens of the United States by virtue of any other law, also declared themselves as citizens of the United States on January 13, 1941.

In addition, in April 2000, the report of the Congressional Research Service ('Congressional Research Service' by its name in English), states that citizens born in Puerto Rico are legally defined as natural citizens, born and Therefore, they are also eligible to be elected as President of the United States, provided they meet the age qualifications and 14 years of residence in the United States (incorporated and organized territories). According to this report, residence in Puerto Rico and the territories and possessions of the United States cannot be considered as residence in the United States for these purposes.

Rights of residents

Since Puerto Rico is an unincorporated territory (see above) and not a state of the United States, the United States Constitution is not fully and automatically statutory for US citizens residing in Puerto Rico.

Only "fundamental rights" in the federal constitution are applicable to Puerto Rico, which includes what is established in the Clause of Privileges and Immunities (United States Constitution, article IV, section 2, subsection 1, also known as the Courtesy Clause) that prevents a State treat citizens of other states in a discriminatory manner, in relation to basic civil rights. The clause also covers the right to travel, so that a citizen of one state can have the privileges and immunities in any other state, this constitutional clause on the rights, privileges and immunities of citizens of the United States was expressly extended to Puerto Rich by the United States Congress through the codification of federal law in Title 48 of the United States Code, 48 USC § 737 and signed by President Truman in 1947. The Supreme Court has indicated that once the Constitution has been extended in an area (by Congress or the courts), its coverage is irrevocable. Maintaining that the political powers can change the Constitution or disable it at will would lead to a regime in which, not this Court, but they will say "what is the law".

Other fundamental rights such as the Eleventh Amendment and the Sleeping Commerce Clause were expressly extended by the Court of Appeals for the First Circuit, as well as the First Amendment, the Fourth Amendment, the Fifth Amendment, the due process clause and the guarantee of equal Fourteenth Amendment protection were also expressly extended to Puerto Rico by the Supreme Court of the United States.

In a brief concurrence during the Supreme Court opinion in Torres v. Puerto Rico, 442 U.S. 465 (1979), Supreme Court Justice Brennan, held that the Insular Cases' implied limits on the basic rights guaranteed by the Constitution (including especially the Bill of Rights) were an anachronism in the 1970s.

Judicial Branch

Article Three of the United States Constitution establishes the judicial branch of the federal government. This article was expressly extended to the Federal District Court for the District of Puerto Rico by the United States Congress through Federal Law 89-571, 80 Stat.764, signed by President Lyndon B. Johnson in 1966. After that date, the judges appointed to the federal district court of Puerto Rico have been judges appointed in accordance with the provisions of the United States Constitution. In addition, in 1984 one of the judges of the federal district court, Judge Juan R. Torruella, a native of the island, was appointed to serve on the United States Court of Appeals for the First Circuit, with jurisdiction over Puerto Rico., Massachusetts, Rhode Island, Maine, and New Hampshire.

Federal Presence in Puerto Rico

Federal agencies of the Executive Branch of the United States have a significant presence in Puerto Rico, just like in any other state of the union.

Some of the most important agencies are:

• U.S. Customs and Border Protection (USCBP): United States Customs and Border Protection Office.
• U.S. Immigration and Customs Enforcement (ICE): U.S. Immigration and Customs Enforcement Service.
• United States District Attorneys: United States Attorney.
• Federal Bureau of Investigation (FBI): Federal Bureau of Investigations
• Department of Homeland Security (DHS): United States Department of National Security
• National Labor Relations Board (NLRB): National Labor Relations Board.
• Federal Emergency Management Agency (FEMA): Federal Emergency Management Agency
• Transportation Security Administration (TSA): Transportation Security Administration
• Environmental Protection Agency (EPA): United States Environmental Protection Agency
• Equal Employment Opportunity Commission (EEOC): United States Equal Employment Opportunities Commission.
• Internal Revenue Service (IRS): Internal Revenue Service.
• Social Security Administration (SSA): Social Security Administration.

The island's financial system is fully integrated with that of the United States. It is regulated by the Federal Reserve Bank of New York and the Executive President of a Puerto Rican bank, Popular Inc., is part of its Board of Directors.

Taxes

The Government of the United States classifies Puerto Rico as an independent fiscal authority, by Federal Law codified in Title 48 of the United States Code, 48 USC § 734. Residents of Puerto Rico are obligated to pay the United States federal taxes, import and export taxes, federal commodity taxes, social security taxes, among others. People who work with the Federal Government must pay federal income taxes, while all other residents are required to pay federal payroll taxes (Social Security and Medicare), as well as Commonwealth of Puerto Rico taxes. about rent. All federal employees, plus those who do business with the federal government, plus Puerto Rico-based companies who want to send funds to the United States and certain others also pay federal income taxes. In 2009, Puerto Rico paid some US$3.742 billion to the United States Department of the Treasury.

Because residents of Puerto Rico pay into the Social Security system, they are eligible to receive Social Security benefits upon retirement, but are excluded from Supplemental Security Income (SSI) and the island effectively 15% less than the funds to Medicaid that it would typically receive if it were a state in the United States. Medicare providers are reimbursed at a level of less than 100% for services rendered to beneficiaries in Puerto Rico, even though the beneficiaries have paid the system in full.

Political participation in the United States

Since 1961, several Puerto Ricans have been appointed by the president, with the advice and consent of the Senate, to serve as United States ambassadors to Venezuela, Spain, Costa Rica, Chile, the Dominican Republic, and the Republics of Mauritius and the Seychelles. A Puerto Rican was appointed by President Obama as ambassador to El Salvador. Pending the advice and consent of the United States Senate, the president issued a deferral appointment so that the ambassador could assume his position. Since embassies fall within the Department of State, ambassadors report to the Secretary of State.

Puerto Rico participates in the internal political process of both the Democratic and Republican parties, and equal party proportional representation in both parties, and the delegates resulting from the voting of the islands participate in the national convention of each party.

Military service

Puerto Ricans can join the United States military. Since 1917, Puerto Ricans have been included in conscription, as long as it has been in effect, and more than 400,000 Puerto Ricans have served in the United States Armed Forces. Puerto Ricans have participated in every war for the United States since 1898, especially World War I, World War II, Korea and Vietnam, as well as the current conflicts in the Middle East. Several Puerto Ricans became notable chiefs of these, five have been awarded the Medal of Honor, the highest military decoration in the United States, and several Puerto Ricans have achieved the rank of general or admiral, which requires a presidential appointment and confirmation of the Senate, as in the case of judges and ambassadors. In World War II, the Korean War, and the Vietnam War, Puerto Ricans were the most decorated Hispanic soldiers and in some cases the first to die in combat, even though they did not have the right to vote in the general elections of the homeland for which they gave their lives. More than 1,300 have died for the US since the invasion to date.

About the status: referendums or plebiscites

The main political issue currently in Puerto Rico is the relationship of the territory with the United States. A territory of the United States since 1898, and known as the "Commonwealth" (Commonwealth) since 1952, Puerto Rico today is fragmented by deep ideological divisions, represented by their respective political parties, which represent three different forms or scenarios of the political future: the status quo (Commonwealth), statehood, and independence. The Popular Democratic Party (PPD) aims to maintain or improve the current situation to become a more sovereign territory of the United States, the New Progressive Party (PNP) aims to fully incorporate Puerto Rico as a state of the United States and the Puerto Rican Independence Party (PIP) seeks national independence. When voters residing in Puerto Rico were questioned, through non-binding plebiscites, about choosing between independence, statehood, or the continuation of the current situation with increased powers, as proposed by the Popular Democratic Party, Puerto Ricans have voted to remain a Commonwealth. In the most recent of these plebiscites, in 1998, Puerto Ricans, by a slight majority, voted in favor of "none of the above."

Plebiscites

In general, the three main alternatives presented to Puerto Rican voters in plebiscites on political status are:

• Total independence (Independence): which claims full sovereignty and representation is the Puerto Rican Independence Party.
• Maintain the status of the Commonwealth. (Associate Free State): that has been the political option of the Popular Democratic Party and that defined since 1952, except in 1998, when the campaign was carried out for the option none of the above as a protest against the New Progressive Party government.
• Admission as a State of the United States (Statehood): an option advocated by the New Progressive Party, which constitutes the incorporation of Puerto Rico as a State into the Federal Union of the United States. U.S.
• The 1998 plebiscite added the Free Association, which is a covenant between two sovereign nations. A large section of the Popular Democratic Party identifies and promotes the Free Association, although they have not yet agreed to the terms of the pact.

The exact expectations of each of these status formulas are a matter of debate between supporters of a given position and its detractors. Puerto Ricans have proposed positions that modify the previous alternatives, such as:

• Remunerated independence with a phase of US subsidies.
• Expansion of political autonomy, but not fiscal.
• State Party with a progressive reduction in federal tax exemption (Contrary to the common false idea, Puerto Rico residents pay U.S. federal taxes: import/export taxes on commodities, federal taxes, social security taxes, and although most residents do not pay federal income taxes, all residents do pay federal payroll (Social Security and Medicare) taxes and all other federal taxes.

See: Plebiscite on the political status of Puerto Rico (1967), Plebiscite on the political status of Puerto Rico (1993) and Plebiscite on the political status of Puerto Rico (1998).

Results of the Status Plebiscites

The preceding table summarizes the result of the plebiscites held in Puerto Rico up to 2020 and in each of the fundamental questions about the desired political status and the percentage that each option obtained according to the Puerto Rico State Elections Commission:

The exact meaning of the referendum results is debated by local observers.
The 1967 results showed strong support for maintaining the Commonwealth, but this victory was followed by the first defeat in its twenty-year history of consecutive rule by the Popular Democratic Party, the main promoter of the Commonwealth. This occurred in part due to leadership disputes.
The 1993 results suggest a protest vote for the ideas imposed to change the status by the then governor Pedro Rosselló of the New Progressive Party, the demands were controversial because there was no guarantee, and the great doubt, that it would be accepted by the Congress.
The 1998 results, where the "none of the above" option prevailed, was sponsored by the PPD, and the criteria established by the then ruling New Progressive Party of Puerto Rico were protested.
Then, in 2012, two questions were asked: Maintaining the Current Territorial Status and Which non-territorial option was desired for Puerto Rico. This brought great controversies for the parties.
In 2017, they consulted again but this time: Statehood, Independence/Free Association (since both are modalities of independence) and Current Territorial Status (Free Associated State), which also brought controversy with the PPD that did not agree with the name and the PIP for including the Commonwealth therefore both boycotted the consultation and participation was very low (23.23%).
Recently (2020) there was a vote again but for the first time the question was asked: "Should Puerto Rico be admitted to the Union as a State?" (Yes or no). The result was very even.

Plebiscite of 1967

In 1967, the Legislative Assembly of Puerto Rico approved a Plebiscite Act that allowed a measurement of the political interests of its residents on the issue of territoriality and political status. This was the first consultation of its kind in the territory. With 60.4% of the vote and 95% of the municipalities, the option of the Commonwealth (ELA) promoted by Governor Luis Muñoz Marín and the Popular Democratic Party was victorious. During the following decade, attempts to obtain a new legislation that would allow knowing the intention of the residents of Puerto Rico regarding the status perished in the congressional committees of the legislative chamber.

Plebiscite of 1993

A new plebiscite was organized by the Government of Puerto Rico in 1993, with Congress playing a more substantial role, and where the status of "Commonwealth" reached majority. In the previous year, Pedro Rosselló and the New Progressive Party had won gubernatorial, congressional, and resident commissioner elections by popular vote.

Plebiscite of 1998

During the last plebiscite organized in Puerto Rico, which took place on December 13, 1998, the current status of Commonwealth received less than one percent (0.06%) of the electorate's favor. Most voters favored "None of the Above" in front of the four numbered options that the ballot presented. The most voted numbered option was number 3, which presented the status of statehood. The definition of the options gave rise to political and controversial confrontation, which consequently led to the majority vote of various groups for "None of the Above". Opponents claimed that the definition of "Commonwealth" as it appeared on the ballot, it failed to recognize the constitutional guarantees and protections of United States citizenship and the fact that the relationship between Puerto Rico and the United States has been established by mutual agreement".

The option of statehood triumphed in 24 municipalities of Puerto Rico (out of a total of 78) and obtained 46.5% of the popular vote, its best result in history.

Options of the 1998 Plebiscite

"Request to the United States Government:

"We, the People, hereby and in the exercise of our right under the first amendment to the Constitution of the United States, strongly request the United States Congress, that with every deliberate speed and a hundred years of political subordination, the political status of the People of Puerto Rico and the scope of sovereignty of the United States of America, in order to resolve the current territorial problem of the island under the following option:

Option 1 (Commonwealth/Commonwealth)

"The application on Puerto Rico of the sovereignty of Congress, which by virtue of Federal Law 600 of 3 July 1950, delegates to the Island the conduct of a government limited to matters of strict local order under a Constitution of its own. This local government will be subject to the authority of Congress, the Constitution, the laws and treaties of the United States. By virtue of the Paris Treaty and the Territorial Clause of the Federal Constitution, Congress may treat Puerto Rico in a manner other than the states, while there is a rational basis. American citizenship of Puerto Ricans will be statutory. English will continue to be the official language of the agencies and courts of the Federal Government operating in Puerto Rico. "

Option 2 (Free Association)

"A Treaty that recognizes Puerto Rico's full sovereignty to develop its relationship with the United States in non-colonial, non-territorial partnership. The United States will renounce all its powers over Puerto Rico, entering the Treaty into the same act. Puerto Rico will retain all powers that are not expressly delegated to the United States. Puerto Rico will have Puerto Rican citizenship. Current citizens of the United States in Puerto Rico will retain American citizenship, if they so wish, and may transmit it to their descendants, subject to the provisions of the laws of the United States or the Treaty. It should be understood that, as a result of the Treaty ' s validity, the only fact of being born in Puerto Rico would not grant the right to be an American citizen. The Treaty to be negotiated shall deal with market, defence, use of the dollar, economic assistance and the protection of acquired personal rights. The Treaty will also recognize the sovereign capacity of Puerto Rico to conclude international conventions and other treaties. "

Option 3 (Statehood)

"The entry of Puerto Rico to the Union of the United States of America as a sovereign state, in complete equality of rights, responsibilities and benefits with the other states. Further retaining the sovereignty of Puerto Rico in matters not delegated by the United States Constitution to the Federal Government. The right to presidential vote and equal representation in the Senate and proportional representation in the House of Representatives, without prejudice to the representation of the other states. Maintaining also the present Constitution of Puerto Rico and the same state laws; and with permanent American citizenship guaranteed by the Constitution of the United States of America. The provisions of the federal law on the use of English in federal government agencies and tribunals in the fifty states of the Union shall apply equally in the State of Puerto Rico, as is the case at present. "

Option 4 (Independence)

"The recognition that Puerto Rico is a sovereign republic with full authority over its territory and in its international relations with a Constitution that will be the Supreme Law that provides for a republican system of government and the protection of human rights. Puerto Rico residents will have allegiance to, and will have the citizenship and nationality of the republic of Puerto Rico. Having been born in Puerto Rico or having relatives with American statutory citizenship by birth in the previous territory, will cease to be the basis for American citizenship; except that persons who had American citizenship will have the statutory right to maintain that citizenship for life, by right or decision, as provided by the laws of the federal Congress. The benefits of individuals in Puerto Rico, acquired by services or contributions made to the United States, will be honoured by the United States. Puerto Rico and the United States will develop cooperation treaties, including economic and programmatic assistance for a reasonable period, free trade and transit and the status of military forces. "

None of the Above

Consultation on the Political Status of Puerto Rico 2012

Consultation of Tuesday, November 6, 2012

The articles of Law 283 of December 28, 2011, as amended, which establishes the holding of a consultation on the status of Puerto Rico, are transcribed below.

Article 1 - In order to express themselves in an effective process that allows the Puerto Rican people to express themselves regarding the issue of the status of Puerto Rico in a fair, transparent, and expeditious manner, a consultation will be held on November 6 of 2012, together with the general elections. The process will consist of two questions on the same ballot. Both questions are detailed below:

(a) First Question: The People will be asked if they agree to maintain the current territorial political condition of Puerto Rico. The first question will read as follows: "Instructions: check the option of your choice. The ballot with more than one (1) option marked in this section will not be counted. Do you agree with maintaining the current territorial political condition? Yes___ No___".

(b) Second Question: The People will be asked to choose between the following non-territorial options: Statehood, Independence or Sovereign Commonwealth. The second question will read as follows: "Instructions: Regardless of your answer to the first question, answer which of the following non-territorial options you prefer. The ballot with more than one (1) option marked in this section will not be counted.

Statehood: I prefer that Puerto Rico be a state of the United States of America, so that all American citizens residing in Puerto Rico have the same rights, benefits, and responsibilities as other citizens of the states of the Union, including the right to full representation in Congress and participation in the presidential elections, and that the Federal Congress be required to enact the necessary legislation to begin the transition to statehood.

Independence: I prefer that Puerto Rico be a sovereign nation and totally independent from the United States and that the Federal Congress be required to enact the necessary legislation to initiate the transition towards the independent nation of Puerto Rico.

Sovereign Commonwealth: I prefer that Puerto Rico adopt a status outside the Territorial Clause of the United States Constitution, which recognizes the sovereignty of the People of Puerto Rico. The Sovereign Commonwealth would be based on a free and voluntary political association, the specific terms of which would be agreed between the United States and Puerto Rico as sovereign nations. Said agreement would establish the scope of the jurisdictional powers that the People of Puerto Rico authorize to leave in the hands of the United States and would retain the remaining jurisdictional powers or authorities.

Plebiscite of 2017

Main Article: 2017 Plebiscite on the political status of Puerto Rico

After the 2012 result where the electorate refused to continue being a territorial Commonwealth and chose in the second question to be a State of the Union, the people also chose a government led by the Popular Democratic Party although the New Progressive Party maintained the seat of Resident Commissioner. In 2013, the United States Senate Energy Committee held a conference where they discussed the results of the 2012 Consultation and determined that the people of Puerto Rico rejected the Current Status but it is not clear which path they want to take with the second question.. Congress then passes legislation to grant money to make another status inquiry with the authorization of the United States Department of Justice however Governor Alejandro Garcia Padilla denied such action promoting a Constitutional Status Assembly which he also did not legislate and promote. Coming to the 2016 elections, the New Progressive Party wins the elections and schedules a new referendum now only including the options of Statehood or Independence/Free Association and they submitted this to the DOJ but they refused to release the federal funds since it did not include the current territorial status (The president at the time was Donald J. Trump.) The Rosselló Nevares Administration modified the ballot to include the current status but the PIP opposed it and decided to boycott. The PPD did not like the definition of the Commonwealth (current status) and also boycotted. The election was one of minor participation. Only 23% of the electorate voted in the referendum, however, before the decision of the Supreme Court in 2020: "Only those who vote determine public policy". Statehood was favored with 97.13%, the second time it has won a consultation. However, given the low participation, progress in Congress was not very relevant. But after Hurricane Maria and the federal government's treatment, the Island and its status became front page in the United States, activating the issue. Congressman José Serrano introduced legislation based on making Puerto Rico a state if Puerto Rico in another referendum said yes to statehood.

2020 plebiscite

Main Article: 2020 Plebiscite on the political status of Puerto Rico

After hurricanes María and Irma, the resignation of Governor Ricardo Rosselló and the discussion of the Status in Washington as part of the Political Campaign of the National Parties, the Island's Legislature passed Law 51 of 2020 to convene the day of the elections a status consultation to confirm that Puerto Rico truly wants to be a state with the results of the past referendums. This called for Governor Wanda Vázquez to send a letter requesting President Trump and the DOJ to approve the funds for the consultation, but Trump rejected the proposal and said in his public accounts, including the DOJ's response, that Puerto Rico has not rejected its current status (which is not the case since the Puerto Rican people did in 2012). Despite this response, the Government of Puerto Rico continued to promote the referendum. This while in national politics the Democratic and Republican Parties debate the idea of making Puerto Rico a state together with the District of Columbia. Former representative Luis Vega Ramos filed a lawsuit before the Supreme Court of Puerto Rico to declare the consultation unconstitutional, but the court ruled against the former representative and said that the Consultation is constitutional since it is for a public purpose. In the same proclamation, the court ruled that the presidential vote is also scheduled for 2024 and is also constitutional since it is part of public policy due to the past results of the referendums where Puerto Rico voted to be a state of the Union. Despite this, the consultation was carried out and for the first time Puerto Rico in a simple question of whether or not it chose to be a State. With a total of 52.52% of the votes, the Yes wins the consultation with a participation of 55% of the Voters Registered to vote (a greater participation than that of 2017).

Following the results, the Legislative Assembly of Puerto Rico passed legislation to approve an election to elect the Congressmen of Puerto Rico and give power to the governor to call such a consultation and a consultation to ratify an admission if Congress so it requires. Congressmen like Raúl Grijalva promised to hold a conference to discuss these results and he promised not to be an obstacle to the admission process. Congresswoman Nydia Velázquez and Alexandria Ocasio Cortez (proponents of Puerto Rican independence) introduced legislation to make a Constitutional Assembly of Status (this does not have much support within Puerto Rico and Congress). Congressman Darren Soto presented a Resolution before the full House to recognize the results of Statehood and make Puerto Rico a state. According to Governor Pedro Pierluisi, the Speaker of the United States House of Representatives Nancy Pelosi will introduce legislation to act on the referendum results and advance statehood.

To date, no admission bill has been introduced to the 117th United States Congress.

On the change of status

Puerto Ricans have made it clear: the majority do not want the continuation of the current status, and have chosen with the recent election: statehood. However, there has been no new state since Hawaii, in 1959. The Enhanced Commonwealth proposal has been rejected by Congress on the grounds that it would be unconstitutional and inconsistent with the general concept of sovereignty. The next step for Puerto Rico to become a state is to present a Joint Resolution or an Admission Act approved by the United States House of Representatives and Senate.

A new US state, according to the Constitution, has to be approved by Congress and then passed for the signature of the President of the United States

The admission of new states, in the past, has been in the case of many a discussed and debatable issue. The state of Texas, at that time (1836-1845) an independent republic, took nine years to gain admission. Alaska's admission as a state, also in 1959, was the result of a process that lasted more than a decade. There is a case with certain parallels to that of Puerto Rico: Washington D.C., which has more inhabitants than the states of Wyoming and Vermont. Its inhabitants eagerly desire admission like the state of Washington, D.C., with which they would gain representation in Congress and complete self-government. It has been discussed for decades. But Washington, D.C., is very Democratic, and Republicans in Congress oppose it. Although for the first time in history the House voted to make it a state with Project HR 1 2020. On the other hand, Puerto Rico, although recently (2020) the Republican leaders oppose it, could become a conservative state due to its culture and religiosity.

Despite all this. Any change to status must be approved by the United States Congress.

In May 2022, members of Congress sponsoring competing bills on how to resolve Puerto Rico's territorial status and its relationship to the US came together to introduce new legislation that combines both. The proposed legislation combines elements of the pro-statehood bill introduced by Rep. Darren Soto, D-Fla., and Rep. Jenniffer González, a non-voting member of Congress from Puerto Rico and a Republican, along with the Self-determination of Puerto Rico of the representatives. Alexandria Ocasio-Cortez and Nydia Velázquez, both Democrats from New York. The bill says that on November 5, 2023, a plebiscite will be held to resolve the political status of Puerto Rico.