Political status of Puerto Rico facts for kids

Puerto Rico's political status is a big topic that many people discuss. It's about how Puerto Rico is connected to the United States. Right now, Puerto Rico is an unincorporated territory of the U.S. This means it belongs to the U.S. but isn't fully a part of it, like a state. The main questions people ask are: Should Puerto Rico stay a U.S. territory? Should it become a U.S. state? Or should it become an independent country?

To decide this, leaders in both the U.S. and Puerto Rico have tried different things. U.S. Presidents have issued special orders, and the U.S. Congress has looked at different laws. Also, Puerto Rico has held special votes called referendums (or plebiscites) four times to ask its people what they want. In a vote on November 6, 2012, 54% of voters said they didn't want to keep the current status. Then, in a second question, 61% chose statehood as their favorite option. Another vote was planned for June 11, 2017, with only "Statehood" and "Independence/Free Association" as choices.

The United Nations Special Committee on Decolonization has asked the U.S. to help Puerto Rico decide its future. They want Puerto Rico to be able to make its own choices and deal with its economic problems. Many people around the world see Puerto Rico as its own Caribbean nation with a special identity.

Understanding Puerto Rico's Political History

The United States took control of Puerto Rico in 1898 after the Spanish–American War. In 1950, the U.S. Congress passed a law allowing Puerto Rico to create its own constitution. In 1952, the people of Puerto Rico approved this constitution, setting up their own government. This new constitution started on July 25, 1952.

Puerto Rico has been under U.S. control for over 100 years. Puerto Ricans have been U.S. citizens since 1917. Since 1952, there have been local votes in 1967, 1993, and 1998 to change the island's political status. Each time, most people voted to keep the current status, rather than choosing independence or statehood.

Because Puerto Rico is a U.S. territory, its citizens don't have voting representatives in the U.S. Federal government. Instead, Puerto Rico has one non-voting Resident Commissioner in the House of Representatives. Also, Puerto Ricans can't vote in U.S. presidential elections because they are not part of the U.S. Electoral College. However, they can vote in the Republican and Democratic primary elections.

Even though Puerto Rico has some local power, the U.S. Constitution says that the U.S. Congress and President still have the final say over the island. This means that the results of Puerto Rican votes, even if they show what people want, can be ignored by Congress.

What Does "Commonwealth" Mean for Puerto Rico?

The word "commonwealth" doesn't mean one specific political status. When it's used for areas under U.S. control that are not states, it generally means an area that governs itself with its own constitution. The U.S. Congress usually won't take away this right to self-government.

It's important to know that "commonwealth" is used in different ways:

• Four U.S. states (Kentucky, Massachusetts, Pennsylvania, and Virginia) call themselves "Commonwealths."
• Some independent countries, like the Commonwealth of Australia, use "Commonwealth" in their name.
• The Commonwealth of Nations is a group of independent countries that have chosen to join together.
• The Commonwealth of Independent States is another group of independent nations, mostly former parts of the Soviet Union.

For the U.S., "commonwealth" has also been used for other places:

• The Philippines was a "Commonwealth" before it became independent in 1947.
• The Northern Mariana Islands is also a U.S. "Commonwealth" today.

The U.S. State Department says that "commonwealth" doesn't describe a specific political status. It just means an area that governs itself under its own constitution, and Congress won't take away that right.

However, some people, like Judge Juan R. Torruella, say that using the term "commonwealth" can be misleading. He believes it hides the true situation, as Puerto Rico is clearly not a state.

The Insular Cases: Important Court Decisions

To understand Puerto Rico's status, we need to look at the U.S. Supreme Court decisions known as the Insular Cases. These cases happened between 1901 and 1905, soon after the U.S. got Puerto Rico.

The Supreme Court decided that the U.S. Constitution didn't fully apply to new territories like Puerto Rico, Guam, and the Philippines. It only applied partly. This created a new category called "unincorporated territories."

One key case was Downes v. Bidwell (1901). The Court said that while Puerto Rico was not a foreign country (because the U.S. owned it), it was "foreign to the United States in a domestic sense." This meant Puerto Rico was a possession, but not fully part of the U.S.

Later, in Balzac v. Porto Rico (1922), the Court explained that an unincorporated territory is one where the U.S. didn't clearly intend for it to become a state.

Because of these cases, only some basic rights from the U.S. Bill of Rights apply in unincorporated territories. For example:

• The Court decided that the right to a jury trial is not a basic right, so people in Puerto Rico didn't have to get it.
• Congress could deny Supplemental Security Income (SSI) payments to U.S. citizens living in Puerto Rico, even if they had worked in the U.S. mainland their whole lives.

Some Supreme Court Justices, like Justice Brennan, later argued that these old rules from the Insular Cases were outdated.

What the Current Political Status Means

Puerto Rico's current political status limits how much power its government has. The island's government isn't fully independent, and the U.S. federal government has a strong presence there, including a U.S. Federal District Court.

People born in Puerto Rico are U.S. citizens. They have some "fundamental civil rights," but because Puerto Rico is not a state, they don't have all the rights listed in the Bill of Rights. All residents must pay federal taxes, but not everyone pays federal income taxes.

Puerto Ricans don't have a voting representative in the U.S. Congress. They have a Resident Commissioner who can speak in Congress and vote in committees, but not on final laws. Also, Puerto Ricans must serve in the United States military if there's a draft, just like citizens in the 50 states.

Choices for Puerto Rico's Future

Puerto Rico's main political issue is its relationship with the United States. It has been a U.S. territory since 1898 and known as a "commonwealth" since 1952. Today, people in Puerto Rico have strong different ideas about its future. These ideas are represented by its political parties:

• The Popular Democratic Party (PPD) wants to keep or improve the current commonwealth status, making it more self-governing.
• The New Progressive Party (PNP) wants Puerto Rico to become a full U.S. state.
• The Puerto Rican Independence Party (PIP) wants Puerto Rico to become an independent country.

In past non-binding votes, Puerto Ricans have mostly chosen to stay a commonwealth. In the 1998 vote, a small majority chose "none of the above," which some people saw as a vote to remain a colony.

However, it's clear that many people are not happy with the current situation. The issue is always being discussed by political parties and groups. Some leaders in the PPD are suggesting a "Free Association," similar to how the U.S. is connected with the Federated States of Micronesia, Marshall Islands, or Palau.

Plebiscites: How Puerto Ricans Vote on Their Future

In these special votes (plebiscites), Puerto Ricans usually choose from three main options:

• Full independence
• Keeping or improving the commonwealth status
• Full statehood

The exact details of each option are often debated. Some Puerto Ricans have also suggested other ideas, like independence with U.S. financial help, or statehood with special tax rules.

Here's a summary of the results from past votes:

In the Puerto Rican status referendum, 2012, 54% of voters said "No" to keeping the current status. Then, 61.11% chose statehood, 33.34% chose free association, and 5.55% chose independence. However, nearly 500,000 blank ballots were cast, which made the results confusing. Because of this, Congress decided not to act on the vote. The 2014 budget bill did include $2.5 million for a future vote on Puerto Rico's status.

The Puerto Rican status referendum, 2017 offered only two choices: Statehood and Independence/Free Association. If Independence/Free Association won, there would be a second vote to choose between full independence or a free associated state status with the U.S.

Governor Ricardo Rosselló strongly supports statehood. He believes it would help Puerto Rico's economy and solve its "colonial dilemma." He sees it as a civil rights issue for 3.5 million citizens who want full democracy.

Becoming a state could help with Puerto Rico's financial problems, as it would allow for bankruptcy protection. Statehood could also bring more disability benefits, Medicaid funding, the right to vote in presidential elections, and a higher federal minimum wage.

Even with these votes, the U.S. Congress will make the final decision on Puerto Rico's status.

Presidential Orders and Congress Bills

U.S. Presidents have signed executive orders to study Puerto Rico's political status. For example, there were orders in 2005, 2007, and 2011 to create the President's Task Force on Puerto Rico's Status.

The U.S. Constitution allows Congress to decide Puerto Rico's future. Congress can let Puerto Rico become independent (like the Philippines did) or admit it as a state (like Alaska and Hawaii were).

Some people argue that Congress should agree on the options before a vote in Puerto Rico. This would prevent people from voting for a status that Congress might not accept. Former Governor Carlos Romero Barceló said that Congress members had stated there was no point in offering options that Congress wouldn't ratify.

On June 9, 2016, the U.S. Supreme Court ruled that Puerto Rico is a territory and doesn't have its own full power. The Court said that the U.S. Congress is the "ultimate" source of power over Puerto Rico. This means an Act of Congress is needed to change Puerto Rico's political status.

Four main bills about Puerto Rico's status have been discussed in Congress: H.R. 856, H.R. 900, H.R. 2499, and H.R. 2000.

The United Nations and Puerto Rico's Status

The United Nations has looked into Puerto Rico's political status to make sure its government meets international standards for self-government. Some experts, like José Trías Monge, say that Puerto Rico "clearly does not meet the decolonization standards set by the United Nations in 1960."

UN Resolution 748 and Its Aftermath

On November 27, 1953, the United Nations General Assembly passed Resolution 748 (VIII). This resolution recognized Puerto Rico's self-government and removed it from the list of non-self-governing territories. However, the vote was close, with many countries not voting or voting against it.

Today, the UN still debates whether Puerto Rico is a colony. The debate around Resolution 748 led the UN to agree on ways for territories to achieve full self-government: statehood, independence, or free association. Under international law, a freely associated state is a sovereign nation that has a joint agreement with another nation, and either nation can end it.

Even though the UN removed Puerto Rico from its list, the current territorial status hasn't satisfied Puerto Rican leaders. All groups agree that the current situation, where Puerto Rico is subject to U.S. laws but can't vote in Congress, needs to end.

Efforts to Revisit the UN Vote

The UN's rules for deciding when a colony has achieved full self-government are in Resolution 1541 (XV) of 1960. The General Assembly didn't apply all these rules to Puerto Rico in 1953.

More recently, the UN's Committee on Non-Self-Governing States agreed to ask the General Assembly to discuss Puerto Rico's case again. In June 2007, the Puerto Rico Senate also asked the UN General Assembly to discuss Puerto Rico.

Since 1971, Cuba has regularly brought up the issue in the UN's Decolonization Committee. However, the U.S. has blocked action by the General Assembly and stopped working with the Decolonization Committee. The U.S. position is that the Committee doesn't have authority, and that Puerto Rico's status is a matter for the U.S. and Puerto Rico to solve.

In 1972, the UN reopened the matter of Puerto Rico's status, and it's still under review. One reason for this reconsideration was the U.S. not including independence as an option in votes and actions against pro-independence groups.

Since 1972, the Decolonization Committee has called for Puerto Rico to be decolonized. It has also asked the U.S. to recognize Puerto Rico's right to self-determination and independence.

In 1993, a U.S. court ruled that Congress could unilaterally change or remove Puerto Rico's Constitution. A 1996 report by the U.S. House Committee on Resources stated that Puerto Rico's current status doesn't meet the UN's criteria for full self-government. The report concluded that Puerto Rico "remains an unincorporated territory" and that its local self-government can be taken away by the U.S. Congress.

The United Nations Special Committee on Decolonization's View

Since 1953, the UN has been looking at Puerto Rico's political status to help it achieve "independence" or "decolonization." In 1978, the United Nations Special Committee on Decolonization said that a "colonial relationship" existed between the U.S. and Puerto Rico.

The Special Committee often calls Puerto Rico a nation in its reports. This is because many countries see Puerto Ricans as a Caribbean nation with their own identity. In a June 2016 report, the Special Committee asked the U.S. to speed up the process for Puerto Rico to decide its own future. They want Puerto Ricans to make decisions in a sovereign way and deal with their economic and social needs.

Puerto Rico's Unique National Identity

Internationally Recognized Identity

Even though Puerto Rico is politically linked to the United States, many other countries see it as having its own distinct national identity. For example, the Movement of Non-aligned Nations has stated that the "Puerto Rican people constitute a Latin American and Caribbean nation."

How Puerto Ricans See Themselves

Many Puerto Ricans consider their island to be a country on its own. Authors Sanford Levinson and Bartholomew H. Sparrow noted that "Most Puerto Ricans consider themselves a distinct national group." They also observed that both Americans and Puerto Ricans see each other as having separate cultures and even nationalities.

Locally, Puerto Ricans see themselves as a unique national group, defined by their culture. Even though recent votes haven't chosen to become a fully sovereign state, the idea that Puerto Rico is a separate social, political, and cultural entity from the United States has been expressed many times.

U.S. Political Parties' Stance on Puerto Rico

Both major U.S. political parties, the Democratic and Republican parties, support the right of U.S. citizens in Puerto Rico to decide their own future. The Republican Party platform specifically supports statehood, while the Democratic Party platform broadly supports the right to self-determination.

Puerto Ricans Living in the U.S. and the Status Debate

More Puerto Ricans actually live in the mainland U.S. than in Puerto Rico itself. A 2009 report showed that in 2007, 4.1 million Puerto Ricans lived in the mainland, compared to 3.9 million on the island.

Stateside Puerto Rican members of the United States Congress: Luis Gutierrez (D-IL)(left), José Serrano (D-NY)(center), and Nydia Velázquez (D-NY)(right) speaking at the Encuentro Boricua Conference at Hostos Community College in New York City, 2004

Since the 1967 vote, there have been calls for Puerto Ricans living in the U.S. to be allowed to vote in these plebiscites. Since the 1990s, Puerto Ricans living in the U.S. have become more active in speaking up for Puerto Rico in Washington, D.C.. This is especially true because there are three voting members of the U.S. Congress who are Puerto Rican (two from New York City and one from Chicago), while Puerto Rico only has one non-voting Resident Commissioner.

A 2006 survey of Puerto Rican community leaders in the U.S. found strong support for holding a vote on Puerto Rico's future. While 73% wanted a vote, they disagreed on the options. About 31% supported limiting the vote to statehood versus independence, as suggested by a White House task force. A larger group, 43%, wanted to include the commonwealth option in the vote.

U.S. Public Opinion on Puerto Rico's Status

A Gallup Poll in March 1998 asked Americans what they thought Puerto Rico should do. The results were:

• Become independent – 28%
• Remain a U.S. territory – 26%
• Be admitted as the fifty-first state – 30%
• None/Other – 5%
• No opinion – 11%

In a 1991 Gallup Poll, over 60% of Americans said they would support independence or statehood if most Puerto Ricans voted for either. However, a June 2007 poll showed that 57% of Americans were against Puerto Rican statehood.

See also

In Spanish: Estatus político de Puerto Rico para niños