Puerto Rico was a Spanish colony until 1898, when it became
part of the U.S. as a result of the Treaty of Paris. This treaty
ended the Spanish-American War and Spain's last empire in the New World. While Cuba became independent, Puerto Rico was ceded to the U.S.; thus remaining a colony under a different authority.
Separatist autonomous movements sprung in the Island during the mid to late 1800's. Yet, they were not strong enough to impact Puerto Rico's possibilities of becoming an independent nation as Cuba did immediately after the war. The closest Puerto Rico came to independence was Spain's enactment of the Carta Autonómica (Autonomic Charter) in November 1897. It conceded some political and administrative
autonomy to the island; less than we curently enjoy under U.S. flag.
While P.R. and the U.S. have strengthened their political ties over the years, the autonomy undercurrent has always been present. Perhaps Puerto Rico's future is more uncertain now than after the Treaty of Paris.
The strength of the independence movement is subject to extensive debate and opinion. There is also a crisis of identity that splits the nation between perceived political options (namely status quo, independence or statehood). One thing is clear. The fact that the Island's status is a main topic of conversation among Puerto Ricans evidences unresolved political issues between two nations.
In December 2005, the White House published a Report by the President's Task Force on Puerto Rico's Status. The document among other things, discusses the meaning of the term "Commonwealth" as pertaining to its degree of soverignty (P.R. 's official name is The Commonwealth of Puerto Rico"). According to the Report, P.R. is a territory of the U.S. subject to congressional authority under the U.S. Constitution's Territorial Clause, "to dispose of and make all needful Rules and Regulations respecting the Teritory...belonging to the United States." That as an unincorporated territory, it is not intended to become a State and "therefore is subject only to the most fundamental provisions of the U.S. Constitution." The power of the U.S. over P.R. was expressed in unambiguous terms when the report explained that the Federal Government could relinquish its sovereignty over P.R. "by granting independence or ceding the territory to another nation." So, as I understand it, Puerto Rico could be ceded to Haiti, for example.
Four laws enacted over the years by Congress have shaped Puerto Rico's government and its relations with the U.S. The Foraker Act in 1900, determined how was P.R. to be governed by the U.S. (a civilian governor and an executive council appointed by the President). The Jones Act in 1917, established the Island's role as an organized but unincorporated
territory of the U.S. but gave Puerto Ricans U.S. citizenship. Public Law 600 in 1950, maintained the applicability of the Jones Act but extended to Puerto Ricans the right to govern themselves locally. Law 600 is the federal law that authorized P.R. to draft its own Constitution and local laws "on matters of purely local concern".
Here are some of the key legal provisions governing the political relations between the United States and Puerto Rico; coded in 48 U.S.C. § 731 et seq. :
§ 731. Territory included under name Puerto Rico The provisions of this chapter shall apply to the island of Puerto Rico and to the adjacent
islands belonging to the United States and waters of those islands; and the name Puerto Rico,
as used in this chapter, shall be held to include not only the island of that
name, but all the adjacent islands as aforesaid.
§ 731a. Change of name; Puerto Rico From and after May 17, 1932, the island designated “Porto
Rico” in the Act entitled “An Act to provide a civil government for Porto Rico,
and for other purposes,” approved March 2, 1917, as amended, shall be known and
designated as “Puerto Rico.” All laws, regulations, and public documents and
records of the United States in which such island is designated or referred to under the name of “Porto
Rico” shall be held to refer to such island under and by the name of “Puerto
Rico.”
§ 731b. Organization of a government pursuant to a
constitution
Fully recognizing the principle of government by consent,
sections 731b
to 731e
of this title are now adopted in the nature of a compact so that the people of Puerto
Rico may organize a government pursuant to a constitution of their
own adoption.
§ 731c. Submission of sections 731b to 731e of this
title to the people of Puerto Rico for referendum; convening
of constitutional convention; requisites of constitution
Sections 731b to 731e
of this title shall be submitted to the qualified voters of
Puerto
Rico for acceptance or rejection through an island-wide referendum
to be held in accordance with the laws of Puerto Rico.
Upon the approval of said sections, by a majority of the voters participating
in such referendum, the Legislature of Puerto Rico is authorized to call a
constitutional convention to draft a constitution for the said island of Puerto Rico. The said
constitution shall provide a republican form of government and shall include a
bill of rights.
§ 731d. Ratification of constitution by Congress
Upon adoption of the constitution by the people of Puerto
Rico, the President of the United States is authorized to transmit such
constitution to the Congress of the United States if he finds that such
constitution conforms with the applicable provisions of sections 731b to 731e
of this title and of the Constitution of the United States.
Upon approval by the Congress the constitution shall become
effective in accordance with its terms.
§ 733. Citizens; former Spanish subjects and children;
body politic; name
All inhabitants continuing to reside in Puerto Rico who were
Spanish subjects on the 11th day of April 1899, and then resided in Puerto
Rico, and their children born subsequent thereto, shall be deemed and held to be
citizens of Puerto Rico, and as such entitled to the protection of the United
States, except such as shall have elected to preserve their allegiance to the
Crown of Spain on or before the 11th day of April 1900, in accordance with the
provisions of the treaty of peace between the United States and Spain entered
into on the 11th day of April 1899; and they, together with such citizens of
the United States as may reside in Puerto Rico, shall constitute a body politic
under the name of the People of Puerto Rico, with governmental powers as
hereinafter conferred, and with power to sue and be sued as such.
§ 733a. Citizens; residence in island of citizens of the United
States
All citizens of the United
States who have resided or who shall after March 4, 1927, reside in the island
for one year shall be citizens of Puerto Rico.
§734. United States laws extended to Puerto Rico; internal revenue receipts covered into treasury
The statutory laws of the United States not locally
inapplicable, except as hereinbefore or hereinafter otherwise provided, shall
have the same force and effect in Puerto Rico as in the United States, except
the internal revenue laws other than those contained in the Philippine Trade
Act of 1946 [22
U.S.C. 1251
et seq.] or the Philippine Trade Agreement Revision Act of 1955 [22
U.S.C. 1371et seq.]. Provided, however, That after May 1, 1946, all taxes collected under
the internal revenue laws of the United States on articles produced in Puerto
Rico and transported to the United States, or consumed in the island shall be
covered into the treasury of Puerto Rico.
§ 737. Privileges and immunities
The rights, privileges, and immunities of citizens of the United States
shall be respected in Puerto
Rico to the same extent as though Puerto Rico
were a State of the Union and subject to the provisions
of paragraph 1 of section 2 of article IV of the Constitution of the United States.
§ 738. Free interchange of merchandise with United States
All merchandise and articles coming into the United States from Puerto Rico and coming into Puerto Rico from the United States shall be entered at the several ports
of entry free of duty and in no event shall any tariff duties be collected on
said merchandise or articles.
§ 739. Duties on foreign imports; books and pamphlets
in English language
The same tariffs, customs, and duties shall be levied,
collected, and paid upon all articles imported into Puerto Rico from ports other than those of the United States
which are required by law to be collected upon articles imported into the United
States
from foreign countries. All books and
pamphlets printed in the English language shall be admitted into Puerto
Rico free of duty when imported from the United States.
§ 740. Duties and taxes to constitute fund for benefit
of Puerto Rico; ports of entry The duties and taxes collected in Puerto Rico in pursuance
of the provisions of this Act, less the cost of collecting the same, and the
gross amount of all collections of duties and taxes in the United States upon
articles of merchandise coming from Puerto Rico, shall be paid into the
treasury of Puerto Rico to be expended as required by law for the government
and benefit thereof, and the Secretary of the Treasury shall designate the
several ports and subports of entry in Puerto Rico and shall make such rules
and regulations and appoint such agents as may be necessary to collect the
duties and taxes authorized to be levied, collected, and paid in Puerto Rico by
the provisions of this Act, and he shall fix the compensation and provide for
the payment thereof of all such officers, agents, and assistants as he may find
it necessary to employ to carry out the provisions of law.
§ 741. Export duties, taxes, etc.; bonds to anticipate
revenues
No export duties shall be levied or collected on exports
from Puerto Rico, but taxes and assessments on property, income taxes, internal
revenue, and license fees, and royalties for franchises, privileges, and
concessions may be imposed for the purposes of the insular and municipal
governments, respectively, as may be provided and defined by the Legislature of
Puerto Rico; and when necessary to anticipate taxes and revenues, bonds and
other obligations may be issued by Puerto Rico or any municipal government
therein as may be provided by law, and to protect the public credit.
§ 741a. Internal-revenue taxes; levy and collection;
discrimination
The internal-revenue taxes levied by the Legislature of
Puerto Rico in pursuance of the authority granted by this chapter on articles,
goods, wares, or merchandise may be levied and collected as such legislature
may direct, on the articles subject to said tax, as soon as the same are
manufactured, sold, used, or brought into the island: Provided, That no
discrimination be made between the articles imported from the United States or
foreign countries and similar articles produced or manufactured in Puerto Rico.
The officials of the Customs and Postal Services of the United States are directed to assist the
appropriate officials of the Puerto Rican government in the collection of these
taxes.
§ 742. Acknowledgment of deeds
Deeds and other instruments affecting land situate in the
District of Columbia, or any other territory or possession of the United
States, may be acknowledged in Puerto Rico before any notary public appointed
therein by proper authority, or any officer therein who has ex officio the
powers of a notary public. The certificate by such notary shall be accompanied
by the certificate of the executive secretary of Puerto Rico to the effect that the notary taking such acknowledgment is in fact such
notarial officer.
§ 744. Coasting trade laws
The coasting trade between Puerto Rico and the United States shall be regulated in accordance with the provisions of law applicable to such
trade between any two great coasting districts of the United States.
§ 745. Tax exempt bonds
All bonds issued by the Government of Puerto Rico, or by its
authority, shall be exempt from taxation by the Government of the United
States, or by the Government of Puerto Rico or of any political or municipal
subdivision thereof, or by any State, Territory, or possession, or by any
county, municipality, or other municipal subdivision of any State, Territory,
or possession of the United States, or by the District of Columbia.
§ 745a. Public improvement bonds sold to the United
States or agency thereof excluded from
public indebtedness
Bonds or other obligations of Puerto Rico or any municipal
government therein, payable solely from revenues derived from any public
improvement or undertaking (which revenues may include transfers by agreement
or otherwise from the regular funds of the issuer in respect of the use by it
of the facilities afforded by such improvement or undertaking), and issued and
sold to the United States of America or any agency or instrumentality thereof,
shall not be considered public indebtedness of the issuer within the meaning of
section 745
of this title.
§ 745b. Refunding bonds excluded temporarily in
computing indebtedness
Any bonds or other obligations of Puerto Rico issued after August 3, 1935,
for the purpose of retiring previously outstanding bonds or obligations shall
not be included in computing the public indebtedness of Puerto Rico under section 745
of this title, until six months after their issue.
§ 746. Public lands and buildings; reservations; rights
prior to July 1, 1902
All public lands and buildings, not including harbor areas
and navigable streams and bodies of water and the submerged lands underlying
the same, owned by the United States in the island of Puerto Rico and not
reserved by the President of the United States prior to July 1, 1903, pursuant
to authority vested in him by law, are granted to the government of Puerto
Rico, to be held or disposed of for the use and benefit of the people of said
island. Said grant is upon the express condition that the government of
Puerto
Rico, by proper authority, release to the United
States any interest or claim it may have in
or upon the lands or buildings reserved by the President as mentioned herein.
Nothing herein contained shall be so construed as to affect any legal or
equitable rights acquired by the government of Puerto Rico or by any other party, under any contract, lease, or license made by the United
States authorities prior to the 1st day of
May 1900.
§ 747. Public property transferred; “control” defined
All property which may have been acquired in Puerto Rico by
the United States under the cession of Spain in the treaty of peace entered
into on the 10th day of December 1898, in any public bridges, road houses,
water powers, highways, unnavigable streams and the beds thereof, subterranean
waters, mines or minerals under the surface of private lands, all property
which at the time of the cession belonged, under the laws of Spain then in
force, to the various harbor works boards of Puerto Rico, all the harbor
shores, docks, slips, reclaimed lands, and all public lands and buildings not
reserved by the United States for public purposes prior to March 2, 1917, is
placed under the control of the government of Puerto Rico, to be administered
for the benefit of the people of Puerto Rico; and the Legislature of Puerto
Rico shall have authority, subject to the limitations imposed upon all its
acts, to legislate with respect to all matters, as it may deem advisable.
Notwithstanding any other provision of law, as used in this section “control”
includes all right, title, and interest in and to and jurisdiction and authority
over the aforesaid property and includes proprietary rights of ownership, and
the rights of management, administration, leasing, use, and development of such
property.
§ 748. Conveyance by President to people of lands,
buildings, etc.
The President may, from time to time, in his discretion,
convey to the people of Puerto Rico, such lands, buildings, or interests in
lands, or other property now owned by the United States, and within the
territorial limits of Puerto Rico as in his opinion are no longer needed for
purposes of the United States. And he may from time to time accept by
legislative grant from Puerto Rico any lands, buildings,
or other interests or property which may be needed for public purposes by the United States.
§ 749. Harbors and navigable waters transferred;
definitions
The harbor areas and navigable streams and bodies of water
and submerged lands underlying the same in and around the island of Puerto Rico
and the adjacent islands and waters, owned by the United States on March 2, 1917,
and not reserved by the United States for public purposes, are placed under the
control of the government of Puerto Rico, to be administered in the same manner
and subject to the same limitations as the property enumerated in sections 747
and 748
of this title. All laws of the United States for the protection and improvement
of the navigable waters of the United States and the preservation of the
interests of navigation and commerce, except so far as the same may be locally
inapplicable, shall apply to said island and waters and to its adjacent islands
and waters. Nothing in this chapter contained shall be construed so as to
affect or impair in any manner the terms or conditions of any authorizations,
permits, or other powers lawfully granted or exercised or in respect of said
waters and submerged lands in and surrounding said island and its adjacent
islands by the Secretary of the Army or other authorized officer or agent of
the United States prior to March 2, 1917. Notwithstanding any other provision
of law, as used in this section (1) “submerged lands underlying navigable
bodies of water” include lands permanently or periodically covered by tidal
waters up to but not above the line of mean high tide, all lands underlying the
navigable bodies of water in and around the island of Puerto Rico and the adjacent
islands, and all artificially made, filled in, or reclaimed lands which
formerly were lands beneath navigable bodies of water; (2) “navigable bodies of
water and submerged lands underlying the same in and around the island of
Puerto Rico and the adjacent islands and waters” extend from the coastline of
the island of Puerto Rico and the adjacent islands as heretofore or hereafter
modified by accretion, erosion, or reliction, seaward to a distance of three
marine leagues; (3) “control” includes all right, title, and interest in and to
and jurisdiction and authority over the submerged lands underlying the harbor
areas and navigable streams and bodies of water in and around the island of
Puerto Rico and the adjacent islands and waters, and the natural resources
underlying such submerged lands and waters, and includes proprietary rights of
ownership, and the rights of management, administration, leasing, use, and
development of such natural resources and submerged lands beneath such waters.
§ 752. Corporate real estate holdings
No corporation shall be authorized to conduct the business
of buying and selling real estate or be permitted to hold or own real estate
except such as may be reasonably necessary to enable it to carry out the
purposes for which it was created, and every corporation authorized after May
1, 1900, to engage in agriculture shall by its charter be restricted to the
ownership and control of not to exceed five hundred acres of land; and this
provision shall be held to prevent any member of a corporation engaged in
agriculture from being in any wise interested in any other corporation engaged
in agriculture. Corporations, however, may loan funds upon real estate
security, and purchase real estate when necessary for the collection of loans,
but they shall dispose of real estate so obtained within five years after
receiving the title. Corporations not organized in Puerto Rico, and doing business therein, shall be bound by the provisions of this section so
far as they are applicable.
