Proposed political status for Puerto Rico


The proposed political status for Puerto Rico encompasses the different schools of thought on whether Puerto Rico, currently a Commonwealth of the United States, should change its current political status. Although there are many differing points of view, there are four that emerge in principle: that Puerto Rico maintains its current status, becomes a state of the United States, becomes fully independent, or becomes a freely associated state.
Even though Puerto Rico was granted local autonomy in 1952, it remains a territory of the United States. Its ambiguous status continues to spark political debates which dominate Puerto Rican society. The debate over Puerto Rico has been discussed at various UN hearings where it has been declared a colony of the United States by the UN Special Committee on Decolonization. Various Presidents of the United States have expressed themselves in favor of statehood but ultimately left the decision to Puerto Rico. President's Task Force on Puerto Rico's Status were published in 2005, 2007 and 2011. Non-binding referenda regarding Puerto Rico's status have been held in 1967, 1993, 1997, 2012, and 2017.
The results of the referenda have favored the commonwealth status until the Puerto Rican status referendum, 2012, when for the first time, the majority of Puerto Ricans voted against it. Full statehood was the preferred option of those who wanted a change. The results were highly controversial: many ballots were left blank and the results were criticized by several parties. The federal government took no action except to provide funding for a subsequent referendum.
The Puerto Rican status referendum, 2017 was the fifth, held on June 11, 2017.

Background

Prior to Jones Act

Puerto Rico became an American territory in 1898 when, as per the terms of the Treaty of Paris which concluded the Spanish–American War, Spain ceded the island to the United States.
The U.S. Congress enacted the Foraker Act sponsored by Senator Joseph B. Foraker, signed by President McKinley on April 2, 1900. This act established a civil government and free commerce between Puerto Rico and the United States. The structure of the insular government included a governor appointed by the president, an executive council, and a legislature with 35 members, though the executive veto required a two-thirds vote to override. The first appointed civil governor, Charles Herbert Allen, was inaugurated on May 1, 1900.
On June 5, President McKinley appointed an Executive Council which included five Puerto Rican members and six U.S. members. The act also established the creation of a judicial system headed by the Supreme Court of Puerto Rico and allowed Puerto Rico to send a Resident Commissioner as a representative to Congress. The Department of Education was subsequently formed, headed by Dr. Martin Grove Brumbaugh. Teaching was conducted entirely in English with Spanish treated as a special subject. However, both Spanish and English were official languages in the island. On November 6, the first elections under the Foraker Act were held and on December 3, the first Legislative Assembly took office. Federico Degetau took office in Washington as the first Resident Commissioner from Puerto Rico on March 14, 1901.

Jones Act and the 1940s

was approved by the U.S. Congress on December 5, 1916, and signed into law by President Woodrow Wilson on March 2, 1917. The law made Puerto Rico a United States territory which is "organized but unincorporated." Puerto Ricans were also collectively given a restricted U.S. citizenship. This implied that Puerto Ricans in the island did not have full American citizenship rights, such as the right to vote for electors for the president of the United States. The act divided governmental powers into three branches: executive, legislative, and judicial. A bill of rights, which established elections to be held every four years, was also created. The act also made English the official language of the Puerto Rican courts. Section 27 of the Jones Acts deals with cabotage and requires that all goods by water between U.S. ports be carried in U.S.-flag ships, constructed in the United States, owned by U.S. citizens, and crewed by U.S. citizens and U.S. permanent residents. The act also allowed conscription to be extended to the island, and over 20,000 Puerto Rican soldiers were sent to the United States Army during the First World War.
In the years after World War II, social, political and economic changes began to take place that have continued to shape the island's character today. The late 1940s brought the beginning of a major migration to the continental United States, mainly to New York City, for work, and to remit money back to their families. The main reasons for this were an undesirable economic situation brought by the Great Depression, as well as heavy recruitment made by the U.S. armed forces and U.S. companies.
Political changes began in 1946 when President Harry Truman designated the first Puerto Rican, Commissioner Resident Jesús T. Piñero, to serve as the island's governor. On June 10, 1948, Piñero signed into law what became known as the Ley de la Mordaza, officially Law 53 of 1948, which started as a bill passed by the Puerto Rican legislature, presided by Luis Muñoz Marín, in May 1948. The new law made it illegal to display the Puerto Rican flag, sing a patriotic song, talk of independence or to fight for the liberation of the island. It resembled the anti-communist Smith Act passed in the United States in 1940.
In 1947, the U.S. Congress passed the Elective Governor Act, signed by President Truman, allowing Puerto Ricans to vote for their own governor, and the first elections under this act were held on November 2, 1948. Luis Muñoz Marín, president of the Puerto Rican Senate, successfully campaigned and became the first democratically elected Governor of the island on January 2, 1949.

1950s to present-day

Puerto Rico continues to struggle to define its political status.

Operation Bootstrap

In 1950, Washington introduced Operation Bootstrap, an attempt to transform Puerto Rico's economy to an industrialized and developed one, which greatly stimulated economic growth from 1950 until the 1970s. Due to billions of dollars of corporate investments, the growth rate was 6% for the 1950s, 5% for the 1960s, and 4% for the 1970s. Puerto Rico became one of the most affluent economies in Latin America. But, it had to import 80% of its food.
Operation Bootstrap was sponsored by governor Muñoz Marín. It was coupled with agrarian reform that limited the area that could be held by large sugarcane interests. Operation Bootstrap enticed U.S. mainland investors to transfer or create manufacturing plants by granting them local and federal tax concessions, but maintaining the access to mainland markets free of import duties. Another incentive was the lower wage scales in the densely populated island. The program accelerated the shift from an agricultural to an industrial society. The 1950s saw the development of labor-intensive light industries, such as textiles; later manufacturing gave way to heavy industry, such as petrochemicals and oil refining, in the 1960s and 1970s. Muñoz Marín's development programs brought some prosperity for an emergent middle class. The industrialization was in part fueled by generous local incentives and freedom from federal taxation, while providing access to continental US markets without import duties. As a result, a rural agricultural society was transformed into an industrial working class.

Commonwealth status

On July 4, 1950, President Harry S. Truman signed Public Act 600, which allowed Puerto Ricans to draft their own constitution establishing the Commonwealth of Puerto Rico. The U.S. Congress had granted commonwealth status on Puerto Rico that enhanced Puerto Rico's political status from protectorate to commonwealth. This, coupled with Muñoz Marín's reversal on not pursuing Puerto Rican Independence angered some Puerto Ricans.
On July 25, 1952, the Constitution of Puerto Rico was approved by voters in a referendum, and the island organized as the Estado Libre Asociado. That same year marked the first time that the Flag of Puerto Rico could be publicly displayed.
Puerto Ricans and other U.S. citizens residing in Puerto Rico cannot vote in presidential elections as that is a right reserved by the U.S. Constitution to admitted states and the District of Columbia through the Electoral College system. Nevertheless, both the Democratic Party and Republican Party, while not fielding candidates for public office in Puerto Rico, provide the islands with state-sized voting delegations at their presidential nominating conventions. Delegate selection processes frequently have resulted in presidential primaries being held in Puerto Rico. U.S. Citizens residing in Puerto Rico do not elect U.S. Representatives or Senators, however, Puerto Rico is represented in the House of Representatives by an elected representative commonly known as the Resident Commissioner, who has the same duties and obligations as a representative, with the exception of being able to cast votes on the final disposition of legislation on the House floor. The Resident Commissioner is elected by Puerto Ricans to a four-year term and does serve on congressional committee. Puerto Ricans residing in the U.S. states have all rights and privileges of other U.S. citizens living in the states.

First three referenda

On July 23, 1967, the first plebiscite on the political status of Puerto Rico was held. Voters overwhelmingly affirmed continuation of Commonwealth status. Other referendums have been held to determine the political status of Puerto Rico, in 1993 and in 1998. Both times, although by smaller margins, the status quo was upheld.

2012 referendum

Following the recommendations of the President's Task Force on Puerto Rico's Status reports, in October 2011, Governor Luis Fortuño set August 12, 2012 as the date to hold the first part of a two-step status plebiscite. The first question was whether voters want to maintain the current commonwealth status under the territorial clause of the U.S. Constitution or whether they prefer a non-territorial option. The second question presented three status options: statehood, independence or free association. Each alternative was to be an internationally recognized, constitutionally viable, non-territorial options to the current territory status. A bill was brought before the Legislative Assembly of Puerto Rico in 2011 to effect the governor's proposal. The bill passed on December 28, 2011.
In the event, both referendum questions were placed on a single ballot for voting on November 6, 2012. The New Progressive Party of Puerto Rico endorsed statehood. The Popular Democratic Party of Puerto Rico endorsed the current Commonwealth position; it called for abstention in the second question. The Puerto Rico Independence Party endorsed the independence position.
During the 2012 U.S. presidential campaign, leading candidates for both major parties said they supported the referendum process. Former Massachusetts governor Mitt Romney said: "I will support the people of Puerto Rico if they make a decision that they would prefer to become a state; that's a decision that I will support. I don't have preconditions that I would impose." President Barack Obama had also supported the referendum, writing, "I am firmly committed to the principle that the question of political status is a matter of self-determination for the people of Puerto Rico."
The fourth Puerto Rico statehood referendum occurred on November 6, 2012. The result a 54% majority of the ballots cast against the continuation of the island's territorial political status, and in favor of a new status. Of votes for new status, a 61.1% majority chose statehood. This was by far the most successful referendum for statehood advocates. In all earlier referenda, votes for statehood were matched almost equally by votes for remaining an American territory, with the remainder for independence. Support for U.S. statehood has risen in each successive popular referendum.
Because there were almost 500,000 blank ballots in the 2012 referendum, creating confusion as to the voters' true desire, Congress decided to ignore the vote but provided funding for a future referendum.

2017 referendum

The previous plebiscites provided voters with three options: statehood, free association/independence and maintaining the current status. The 2017 plebiscite was to offer only two: Statehood and Independence/Free Association. If the majority vote for the latter, a second vote will be held to determine the preference: full independence as a nation or associated free state status with independence but with a "free and voluntary political association" between Puerto Rico and the United States.
Governor Ricardo Rosselló is strongly in favor of statehood to help develop the economy and help to "solve our 500-year-old colonial dilemma... Colonialism is not an option.... It’s a civil rights issue... 3.5 million citizens seeking an absolute democracy," he told the news media. Benefits of statehood include an additional $10 billion per year in federal funds, the right to vote in presidential elections, higher Social Security and Medicare benefits, and a right for its government agencies and municipalities to file for bankruptcy. The latter is currently prohibited.
If the majority favor free association with the U.S. a Compact of Free Association would be negotiated, covering topics such as the role of the U.S. military in Puerto Rico, the use of the US currency, free trade between the two entities, and whether Puerto Ricans would be U.S. citizens.
Statehood might be useful as a means of dealing with Puerto Rico's financial crisis, since it would allow for bankruptcy and the relevant protection. According to the Government Development Bank, this might be the only solution to the debt crisis. Congress has the power to vote to allow Chapter 9 protection without the need for statehood, but in late 2015 there was very little support in the House for this concept. Other benefits to statehood include increased disability benefits and Medicaid funding, the right to vote in Presidential elections and the higher minimum wage.
At approximately the same time as the referendum, Puerto Rico's legislators are also expected to vote on a bill that would allow the Governor to draft a state constitution and hold elections to choose senators and representatives to the federal Congress. Regardless of the outcome of the referendum, action by the United States Congress would be necessary to implement changes to the status of Puerto Rico under the Territorial Clause of the United States Constitution.

Options for political status

As defined by Puerto Rico itself, the following are the options to resolve its status.

Commonwealth (current status)

This is the status for Puerto Rico in June 2017 and the next referendum was not originally to offer this as an option for voters.
As a Commonwealth, Puerto Rico receives less in federal funding than the states. They receive lower Social Security and Medicare benefits. Neither the Commonwealth or municipal governments of Puerto Rico can file for bankruptcy; that is currently prohibited.
Puerto Ricans and other U.S. citizens residing in Puerto Rico cannot vote in presidential elections as that is a right reserved by the U.S. Constitution to admitted states and the District of Columbia through the Electoral College system. Nevertheless, both the Democratic Party and Republican Party, while not fielding candidates for public office in Puerto Rico, provide the islands with state-sized voting delegations at their presidential nominating conventions. Delegate selection processes frequently have resulted in presidential primaries being held in Puerto Rico. U.S. Citizens residing in Puerto Rico do not elect U.S. Representatives or Senators, however, Puerto Rico is represented in the House of Representatives by an elected representative commonly known as the Resident Commissioner, who has the same duties and obligations as a representative, with the exception of being able to cast votes on the final disposition of legislation on the House floor. The Resident Commissioner is elected by Puerto Ricans to a four-year term and does serve on a congressional committee. Puerto Ricans residing in the U.S. states have all rights and privileges of other U.S. citizens living in the states.
In the Puerto Rican status referendum, 2012, 54% of the ballots cast were against the continuation of the island's status as a territory of the US. Of the votes for new status, a 61.1% majority chose statehood. This was by far the most successful referendum for statehood advocates. In all earlier referenda, votes for statehood were matched almost equally by votes for remaining an American territory, with the remainder for independence. Support for U.S. statehood has risen in each successive popular referendum.
The Puerto Rican status referendum, 2017 was held on June 11, 2017 and offered three options: "Statehood", "Independence/Free Association" and the current status as a Commonwealth. It was originally to be the first referendum not to offer the choice of retaining the current status as a Commonwealth until early 2017. Those who voted overwhelmingly chose statehood by 97%; turnout, however, was 23%, a historically low figure. Action by the United States Congress would be necessary to implement changes to the status of Puerto Rico under the Territorial Clause of the United States Constitution.

Statehood

If this status were granted, Puerto Rico would become the 51st state of the United States. The state would have due representation in the United States Congress with full voting rights; Puerto Rico would be represented in the Senate by two senators and the size of its delegation to the House of Representatives would be determined by its population. Similarly, Puerto Rico would get a population-dependent number of electors to the electoral college for the Presidency. Federal taxes would apply on the island. The apportionment of federal aid to the island would be handled as for other states.
The outcome of the referendum will not offer any benefit unless the US Congress agrees to implement the change desired by Puerto Ricans.

Free Associated State

If the majority of Puerto Ricans were to choose this option - and only 33% voted for it in 2012 - and if it were granted by the US Congress, Puerto Rico would become a Free Associated State. This could give Puerto Rico a similar status to Micronesia, the Marshall Islands, and Palau, countries which currently have a Compact of Free Association with the United States.
The White House Task Force on Puerto Rico offers the following specifics:
"Free Association is a type of independence. A compact of Free Association would establish a mutual agreement that would recognize that the United States and Puerto Rico are closely linked in specific ways as detailed in the compact. Compacts of this sort are based on the national sovereignty of each country, and either nation can unilaterally terminate the association."
The specifics of the association agreement would be detailed in the Compact of Free Association that would be negotiated between the U.S. and Puerto Rico. That document might cover topics such as the role of the US military in Puerto Rico, the use of the US currency, free trade between the two entities, and whether Puerto Ricans would be U.S. citizens.
The three current Free Associated States use the American dollar, receive some financial support and the promise of military defense if they refuse military access to any other country. Their citizens are allowed to work in the U.S. and serve in its military. Their agreements with the U.S. must be renegotiated from time to time. One report states that "the amounts of financial support... have been reduced at each renegotiation, and movement toward complete independence is often encouraged". If an FAS is unable to reach a mutually-acceptable agreement on the conditions, it would have no alternative but to become a totally independent nation.

Independence

Should Puerto Rico become fully independent, it would be a sovereign nation, with an independent judiciary and full control over domestic and foreign policy. Relations with the U.S. would be a matter of foreign policy. The U.S. would have no formal obligations to Puerto Rico and its citizens, other than those agreed by bilateral agreements of both nations.

Former or less popular options

Since 1953, the UN has been considering the Political status of Puerto Rico and how to assist it in achieving "independence" or "decolonization". In 1978, the Special Committee determined that a "colonial relationship" existed between the US and Puerto Rico.
Note that the United Nations Special Committee on Decolonization has referred to Puerto Rico as a nation in its reports, because, internationally, the people of Puerto Rico are often considered to be a Caribbean nation with their own national identity.Declaration on the Granting of Independence to Colonial Countries and Peoples 1971 https://books.google.com/books?id=4nEyLDpKZjMC&pg=PA10 10–11"> Most recently, in a June 2016 report, the Special Committee called for the United States to expedite the process to allow self-determination in Puerto Rico. More specifically, the group called on the United States to expedite a process that would allow the people of Puerto Rico to exercise fully their right to self-determination and independence.... allow the Puerto Rican people to take decisions in a sovereign manner and to address their urgent economic and social needs, including unemployment, marginalization, insolvency and poverty".