Politics

Government

Main article: Government of Puerto Rico

Puerto Rico's head of state is the President of the United States . The government of Puerto Rico is based on the formal republican system composed of three branches: the Executive branch headed by the Governor , currently Anibal Acevedo Vila , the Legislative branch consisting of a bicameral Legislative Assembly (a Senate and a House of Representatives ), headed by the President of the Senate, currently Kenneth McClintock and the House Speaker, currently Jóse Aponte Hernandez , and the Judicial branch , headed by the Chief Justice of the Puerto Rico Supreme Court, currently Federico Hernandez Denton . The legal system is a mix of the civil law and the common law systems. The governor as well as legislators are elected by popular vote every four years. Members of the Judicial branch are appointed by the governor with the "advice and consent" of the Senate.

Puerto Rico has limited representation in the U.S. Congress in the form of a Resident Commissioner , currently Luis Fortuño , a nonvoting delegate, and the current Congress had returned the Commissioner's power to vote in the Committee of the Whole, but not on matters where the vote would represent a decisive participation. ^[55] Puerto Rico although have elections governed by the Federal Election Commission ; ^{[56] [57]} Like the Resident Commissioner election and the US Presidential Primary or Caucus of the Democratic Party and the Republican Party . ^{[58] [59] [60] [61]} By the reason that the United States Constitution on the Article II, Section 1, Clause 2 just grant presidential electors to the states (with the exception allowed by the Twenty-third Amendment (1961): that Grants presidential electors to the District of Columbia) is not granted presidential electors to Puerto Rico in the United States Electoral College .

Administrative divisions

Main article: Municipalities of Puerto Rico

As an unincorporated territory of the United States, Puerto Rico does not have any first-order administrative divisions as defined by the U.S. government, but has 78 municipalities at the second level. Mona Island is not a municipality, but part of the municipality of Mayagüez . ^[49] Municipalities are subdivided into wards or barrios , and those into sectors. Each municipality has a mayor and a municipal legislature elected for a 4 year term.

The municipality of San Juan (previously called "town"), was founded first, in 1521, San Germán in 1570, Coamo in 1579, Arecibo in 1614, Aguada in 1692 and Ponce in 1692. An increase of settlement saw the founding of 30 municipalities in the 18th century and 34 in the 19th. Six were founded in the 20th century; the last was Florida in 1971. ^[62]

Political history

Main article: Politics of Puerto Rico

In 1950, the U.S. Congress gave Puerto Ricans the right to organize a constitutional convention, contingent on the results of a referendum, where the electorate would determine if they wished to organize their own government pursuant to a constitution of their own choosing. Puerto Ricans expressed their support for this measure in a 1951 referendum, which gave voters a yes-or-no choice for the commonwealth status, defined as a 'permanent association with a federal union' but not choice for independence or statehood. A second referendum was held to ratify the constitution, which was adopted in 1952.

Before approving the new constitution, 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. The convention adopted a translation into Spanish of the term, inspired by the Irish saorstát (Free State) of "Estado Libre Asociado" (ELA) to represent the agreement adopted "in the nature of a compact" between the people of Puerto Rico and the U.S. Literally translated into English, the phrase means "Associated Free State."

In 1967, the Legislative Assembly tested political interests of the Puerto Rican people by passing a plebiscite Act that allowed a vote on the status of Puerto Rico. This constituted the first plebiscite by the Legislature for a choice on three status options. Puerto Rican leaders had lobbied for such an opportunity repeatedly, in 1898, 1912, 1914, 1919, 1923, 1929, 1932, 1939, 1943, 1944, 1948, 1956, and 1960. The Commonwealth option, represented by the PDP, won with an overwhelming majority of 60.4% of the votes. The Statehood Republican Party and the Puerto Rico Independence Party boycotted the vote.

After the plebiscite, efforts in the 1970s to enact legislation to address the status issue died in Congressional committees. In the 1993 plebiscite, in which Congress played a more substantial role, Commonwealth status was again upheld. ^[63] In the 1998 plebiscite, all the options were rejected when 50.3% of voters chose the "none of the above" option, favoring the commonwealth status quo by default. ^[64]

International status

On November 27 , 1953 , shortly after the establishment of the Commonwealth, the General Assembly of the United Nations approved Resolution 748 , removing Puerto Rico's classification as a non-self-governing territory under article 73(e) of the Charter from UN. But the General Assembly did not apply its full list of criteria to Puerto Rico to determine if it has achieved self-governing status. According to the White House Task Force on Puerto Rico's Political Status in its December 21, 2007 report, the U.S., in its written submission to the UN in 1953, never represented that Congress could not change its relationship with Puerto Rico without the territory's consent. ^[12] It stated that the U.S. Justice Department in 1959 reiterated that Congress held power over Puerto Rico pursuant to the Territorial Clause ^[65] of the U.S. Constitution. ^[12] In a 1996 report on a Puerto Rico status political bill, the " U.S. House Committee on Resources stated that PR's current status does not meet the criteria for any of the options for full self-government". It concluded that PR is still an unincorporated territory of the U.S. under the territorial clause, that the establishment of local self-government with the consent of the people can be unilaterally revoked by the U.S. Congress, and that U.S. Congress can also withdraw the U.S. citizenship of PR residents of PR at any time, for a legitimate Federal purpose. ^[66] The application of the Constitution to Puerto Rico is limited by the Insular Cases .

Although no embassies are located in Puerto Rico, it hosts Consulates from 42 countries, mainly from the Western Hemisphere and Europe . Most consulates are in San Juan, the capital. While the Papal Nuncio in Washington, DC serves as the Vatican State's ambassador to the U.S. and the ecclesiastical liaison to the American Roman Catholic Church, the Holy See has designated the Papal Nuncio in the Dominican Republic as the ecclesiastical liaison to the Roman Catholic Church in Puerto Rico.

Political status within the United States

Under its constitution of 1952 , the people of Puerto Rico describe themselves as a Commonwealth and enjoy a significant degree of administrative autonomy similar to that of a U.S. state . Puerto Ricans are statutory U.S. citizens, but because PR is an unincorporated territory and not a U.S. state, the U.S. Constitution does not enfranchise U.S. citizens residing in PR. PR does participate in the internal political process of both the Democratic and Republican parties in the U.S., accorded equal-proportional representation in both parties, and delegates from the islands vote in each party's national convention.

Puerto Rico is classified by the U.S. government as an independent taxation authority by mutual agreement with the U.S. Congress. Contrary to common misconception, residents of Puerto Rico pay U.S. federal taxes: import/export taxes, federal commodity taxes, social security taxes, etc. Most residents do not pay federal income tax but pay federal payroll taxes ( Social Security and Medicare ), and Puerto Rico income taxes. But federal employees, or those who do business with the federal government, Puerto Rico-based corporations that intend to send funds to the U.S. and others also pay federal income taxes. Because the cutoff point for income taxation is lower than that of the U.S. IRS code, and because the per-capita income in Puerto Rico is much lower than the average per-capita income on the mainland, more Puerto Rico residents pay income taxes to the local taxation authority than if the IRS code were applied to the island. Residents are eligible for Social Security benefits upon retirement. But Puerto Rico is excluded from Supplemental Security Income (SSI), receives less than 15% of the Medicaid funding it would be allotted as a state, while Medicare providers receive less-than-full state-like reimbursements for services rendered to beneficiaries in Puerto Rico, even though the latter paid fully into the system.

Puerto Ricans may enlist in the U.S. military. Since becoming statutory United States citizens in 1917, Puerto Ricans have been included in the compulsory draft whenever it has been in effect. Puerto Ricans have fully participated in all U.S. wars since 1898, most notably World War II , the Korean and Vietnam wars, as well as the current Middle Eastern conflicts.

Recent developments on status

According to a December 2005 report by the President's Task Force on Puerto Rico's Status, it is not possible "to bind future (U.S.) Congresses to any particular arrangement for Puerto Rico as a Commonwealth". ^[11] This determination was based on articles in the U.S. Constitution regarding territories. Prominent leaders in the pro-statehood and pro-independence political movements agree with this assessment. The Legislative Branch, controlled by the opposing New Progressive Party (PNP), supported the White House Report's conclusions and has supported bills introduced by Reps. Jose Serrano (D-NY) and Luis Fortuño (R-PR) and Sens. Ken Salazar (D-CO) and Mel Martinez (R-FL) to provide for a democratic referendum process among Puerto Rico voters.

The Popular Democratic Party (PPD) announced a commitment to challenge the task force's report and validate the current status in all international forums including the United Nations. It also rejects any "colonial or territorial status" as a status option, and vows to keep working for the enhanced Commonwealth status that was approved by the PPD in 1998 which included sovereignty, an association based on "respect and dignity between both nations", and common citizenship. ^[67] In an unprecedented letter sent by the Governor of Puerto Rico to the U.S. Secretary of State and the Co-Chairs of the White House's Presidential Task Force on Puerto Rico's Status, Governor Acevedo Vilá stated: ^{[68] [69]}

"My Administration's position is very clear: if the Task Force and the Bush Administration stand by their 2005 conclusions, then for over 50 years the U.S Government has perpetuated a 'monumental hoax' on the people of Puerto Rico, on the people of the United States and on the international community. If the 2005 report articulates the new official position of the United States, the time has come now for the State Department to formally notify the United Nations of this new position and assume the international legal consequences. You cannot have a legal and constitutional interpretation for local, political purposes and a different one for the international community. If it is a serious, relevant document, the report must have international consequences. Alternatively, the Task Force may review and amend the 2005 conclusions to make them consistent with legal and historical precedent, and therefore allow future status developments based on a binding compact." ^[70]

On December 21, 2007, the Bush Administration's Task Force on Puerto Rico's Status reiterated and confirmed that Puerto Rico continues to be a territory of the U.S. under the plenary powers of the U.S. Congress, ^[16] a position shared by the remaining two-major parties: New Progressive Party and the Puerto Rican Independence Party . ^[16]

Political parties

Main article: List of political parties in Puerto Rico

As unincorporated territory dependent on the U.S. since 1952, the ideology of Puerto Ricans is represented by its political parties, which stand for three distinct future political scenarios that are non-conformist regarding Puerto Rico's territorial or colonial status: (1) those who favor an autonomous, sovereign bilateral relationship with the United States (so-called "improved"/"enhanced" U.S. commonwealth outside the U.S. Constitution's "Territorial Clause" or Free Associated Republic status); (2) those that favor that Puerto Rico's national independence should be recognized by the U.S., as a full-fledged sovereign republic within the concert of the international community at-large; and, (3) those who favor Puerto Rico's entry into the U.S. as a full-fledged state of the federated union, by becoming its 51st state. The Popular Democratic Party (PPD) seeks to maintain the island's "association" status as a commonwealth, improved commonwealth and/or seek a true free sovereign-association status or Free Associated Republic, and has won a plurality vote in referendums on the island's status held over six decades after the island was invaded by the U.S. (The fairness of most referendums has been impugned by one or two of the opposition parties.) The New Progressive Party (PNP) seeks statehood . The Puerto Rican Independence Party and the Nationalist Party seek independence , albeit through different means. The Nationalist Party, for example, does not participate in elections held every four years. Although they maintain close relations and are considered allies within an otherwise rather divided Puerto Rican Independence Movement , the Puerto Rican Independence Party , on the other hand, does participate in nation-wide gubernatorial elections held every four years since 1948.