Puerto Rico - Political Status - Estado Libre Asociado

Estado Libre Asociado

In 1950, the U.S. Congress granted Puerto Ricans the right to organize a constitutional convention via a referendum that gave them the option of voting their preference, "yes" or "no", on a proposed U.S. law that would organize Puerto Rico as a "commonwealth" that would continue United States sovereignty over Puerto Rico and its people. Puerto Rico's electorate expressed its support for this measure in 1951 with a second referendum to ratify the constitution. The Constitution of Puerto Rico was formally adopted on July 3, 1952. The Constitutional Convention specified the name by which the body politic would be known.

On February 4, 1952, the convention approved Resolution 22 which chose in English the word Commonwealth, meaning a "politically organized community" or "state", which is simultaneously connected by a compact or treaty to another political system. Puerto Rico officially designates itself with the term "Commonwealth of Puerto Rico" in its constitution, as a translation into English of the term to "Estado Libre Asociado" (ELA). Literally translated into English the phrase Estado Libre Asociado means "Associated Free State." The preamble of the Commonwealth constitution in part reads: "We, the people of Puerto Rico, in order to organise ourselves politically on a fully democratic basis, ...do ordain and establish this Constitution for the commonwealth which, in the exercise of our natural rights, we now create within our union with the United States of America. In so doing, we declare: ... We consider as determining factors in our life our citizenship of the United States of America and our aspiration continually to enrich our democratic heritage in the individual and collective enjoyment of its rights and privileges; our loyalty to the principles of the Federal Constitution;..."

While the approval of the Commonwealth constitution by the people of Puerto Rico, the U.S. Congress and the U.S. President, marked a historic change in the civil government of Puerto Rico, neither it nor the public laws approved by Congress in 1950 and 1952 revoked statutory provisions concerning the legal relationship of Puerto Rico to the United States. This relationship is based on the Territorial Clause of the U.S. Constitution. The statutory provisions that set forth the conditions of the relationship are commonly referred to as the Federal Relations Act (FRA). Inclusive by Resolution number 34, approved by the Constitutional Convention and ratified in the Referendum held on November 4, 1952, the following new sentence was added to section 3 of article VII of the commonwealth constitution: "Any amendment or revision of this constitution shall be consistent with the resolution enacted by the applicable provisions of the Constitution of the United States, with the Puerto Rican Federal Relations Act and with Public Law 600, Eighty-first Congress, adopted in the nature of a compact". The provisions of the Federal Relations Act as codified on the U.S. Code Title 48, Chapter 4 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 the chapter, shall be held to include not only the island of that name, but all the adjacent islands as aforesaid. While specified subsections of the FRA were "adopted in the nature of a compact", other provisions, by comparison, are excluded from the compact reference. Matters still subject to congressional authority and established pursuant to legislation include the citizenship status of residents, tax provisions, civil rights, trade and commerce, public finance, the administration of public lands controlled by the federal government, the application of federal law over navigable waters, congressional representation, and the judicial process, among others.

In 1967, Puerto Rico's Legislative Assembly polled the political preferences of the Puerto Rican electorate by passing a plebiscite act that provided for a vote on the status of Puerto Rico. This constituted the first plebiscite by the Legislature for a choice among three status options (commonwealth, statehood, and independence). Claiming "foul play" and dubbing the process as illegitimate and contrary to norms of international law regarding decolonization procedures, the plebiscite was boycotted by the major pro-statehood and pro-independence parties of the time, the Republican Party of Puerto Rico and the Puerto Rican Independence Party, respectively. The Commonwealth option, represented by the PDP, won with a majority of 60.4% of the votes. After the plebiscite, efforts in the 1970s, 1980s, 1990s and 2000s to enact legislation to address the status issue died in U.S. Congressional committees. In subsequent plebiscites organized by Puerto Rico held in 1993 and 1998 (without any formal commitment on the part of the U.S. Government to honor the results), the current political status failed to receive majority support. In 1993, Commonwealth status won by only a plurality of votes (48.6% versus 46.3% for statehood), while the "none of the above" option, which was the Popular Democratic Party-sponsored choice, won in 1998 with 50.3% of the votes (versus 46.5% for statehood). Disputes arose as to the definition of each of the ballot alternatives, and Commonwealth advocates, among others, reportedly urged a vote for "none of the above".

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