Balzac v. Porto Rico
Encyclopedia
Balzac v. Porto Rico, , was a case in which the Supreme Court of the United States
held that certain provisions of the U.S. Constitution did not apply to territories not incorporated into the union. It originated when Jesús M. Balzac was prosecuted for criminal libel in a district court of Puerto Rico
. Balzac declared that his rights had been violated under the Sixth Amendment
to the U.S. Constitution as he was denied a trial by jury
, since the code of criminal procedure of Puerto Rico did not grant a jury trial in misdemeanor cases. In the appeal, the U.S. Supreme Court affirmed the judgments of the lower courts on the island in deciding that the provisions of the Constitution did not apply to a territory that belonged to the United States but was not incorporated into the Union. It has become known as one of the "Insular Cases
".
; the article was considered libelous by the authorities. Pursuant to the Jones Act of 1917
, which granted Puerto Ricans American citizenship among other guarantees, Balzac sought jury trial under the Sixth Amendment
. In denying the request for jury trial, the Supreme Court of Puerto Rico
relied on two 1918 decisions by the United States Supreme Court: People v. Tapia, , and People v. Muratti, also at . These two per curiam decisions cited the earlier Insular Cases
and held that provisions of the Bill of Rights
were inapplicable to Puerto Rico even after the passage of the Jones Act.
. The Chief Justice argued that although the Jones Act had granted citizenship
to Puerto Ricans, it had not incorporated Puerto Rico into the Union. That is, although Puerto Rico had been under the control of the United States since the end of the Spanish-American War
in 1898, the territory had not been designated for ultimate statehood, and Congress could determine which parts of the Constitution
would apply. Taft distinguished Puerto Rico from the territory in the Alaska purchase
, acquired from Russia
in 1867, which had been held to be incorporated in Rasmussen v. United States. Thus, particular constitutional provisions were applied based on location, rather than on citizenship.
Taft's grounds for denying jury trial specifically echoed earlier Insular Cases reasoning. He argued that because Puerto Rico had been governed by Spanish
civil law
for four hundred years before American acquisition, the inhabitants would be unprepared for jury service. Taft argued that locals should be able to determine their own laws:
Toward the end of the opinion, the court uses "language that would lead to perpetual litigation in an effort to clarify the rights of the American citizens of Puerto Rico:"
The court leaves unresolved the exact "personal rights" that were so "fundamental" that they would extend to American citizens in Puerto Rico.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that certain provisions of the U.S. Constitution did not apply to territories not incorporated into the union. It originated when Jesús M. Balzac was prosecuted for criminal libel in a district court of Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
. Balzac declared that his rights had been violated under the Sixth Amendment
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
to the U.S. Constitution as he was denied a trial by jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
, since the code of criminal procedure of Puerto Rico did not grant a jury trial in misdemeanor cases. In the appeal, the U.S. Supreme Court affirmed the judgments of the lower courts on the island in deciding that the provisions of the Constitution did not apply to a territory that belonged to the United States but was not incorporated into the Union. It has become known as one of the "Insular Cases
Insular Cases
The Insular Cases are several U.S. Supreme Court cases concerning the status of territories acquired by the U.S. in the Spanish-American War . The name "insular" derives from the fact that these territories are islands and were administered by the War Department's Bureau of Insular Affairs...
".
Facts and lower court proceedings
Jesús M. Balzac edited the newspaper El Baluarte. Balzac wrote an article referring indirectly to the colonial governor at the time, Arthur YagerArthur Yager
Arthur Yager served as Governor of Puerto Rico from 1913 to 1921.Yager was born in Campbellsburg in Henry County, Kentucky. He earned bachelors and masters degrees from Georgetown College in Kentucky, and a doctorate from Johns Hopkins University...
; the article was considered libelous by the authorities. Pursuant to the Jones Act of 1917
Jones-Shafroth Act
The Jones–Shafroth Act was a 1917 Act of the United States Congress by which Puerto Ricans were collectively made U.S. citizens, the people of Puerto Rico were empowered to have a popularly-elected Senate, established a bill of rights, and authorized the election of a Resident Commissioner to a...
, which granted Puerto Ricans American citizenship among other guarantees, Balzac sought jury trial under the Sixth Amendment
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
. In denying the request for jury trial, the Supreme Court of Puerto Rico
Supreme Court of Puerto Rico
The Supreme Court of Puerto Rico is the highest court of the Commonwealth of Puerto Rico, having judicial authority within Puerto Rico to interpret and decide questions of Commonwealth law. As the highest body of the judicial branch of the Puerto Rican government, it is analogous to one of the...
relied on two 1918 decisions by the United States Supreme Court: People v. Tapia, , and People v. Muratti, also at . These two per curiam decisions cited the earlier Insular Cases
Insular Cases
The Insular Cases are several U.S. Supreme Court cases concerning the status of territories acquired by the U.S. in the Spanish-American War . The name "insular" derives from the fact that these territories are islands and were administered by the War Department's Bureau of Insular Affairs...
and held that provisions of the Bill of Rights
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
were inapplicable to Puerto Rico even after the passage of the Jones Act.
United States Supreme Court
The unanimous opinion of the Court was delivered by Chief Justice TaftWilliam Howard Taft
William Howard Taft was the 27th President of the United States and later the tenth Chief Justice of the United States...
. The Chief Justice argued that although the Jones Act had granted citizenship
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
to Puerto Ricans, it had not incorporated Puerto Rico into the Union. That is, although Puerto Rico had been under the control of the United States since the end of the Spanish-American War
Spanish-American War
The Spanish–American War was a conflict in 1898 between Spain and the United States, effectively the result of American intervention in the ongoing Cuban War of Independence...
in 1898, the territory had not been designated for ultimate statehood, and Congress could determine which parts of the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
would apply. Taft distinguished Puerto Rico from the territory in the Alaska purchase
Alaska purchase
The Alaska Purchase was the acquisition of the Alaska territory by the United States from Russia in 1867 by a treaty ratified by the Senate. The purchase, made at the initiative of United States Secretary of State William H. Seward, gained of new United States territory...
, acquired from Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
in 1867, which had been held to be incorporated in Rasmussen v. United States. Thus, particular constitutional provisions were applied based on location, rather than on citizenship.
Taft's grounds for denying jury trial specifically echoed earlier Insular Cases reasoning. He argued that because Puerto Rico had been governed by Spanish
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
for four hundred years before American acquisition, the inhabitants would be unprepared for jury service. Taft argued that locals should be able to determine their own laws:
Toward the end of the opinion, the court uses "language that would lead to perpetual litigation in an effort to clarify the rights of the American citizens of Puerto Rico:"
The court leaves unresolved the exact "personal rights" that were so "fundamental" that they would extend to American citizens in Puerto Rico.
External links
- Balzac v. Porto Rico, 258 U.S. 298 (1922) (opinion full text).