Puerto Rico Democracy Act
Encyclopedia
The Puerto Rico Democracy Act is a bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....

 to provide for a federally sanctioned self-determination
Self-determination
Self-determination is the principle in international law that nations have the right to freely choose their sovereignty and international political status with no external compulsion or external interference...

 process for the people 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...

.

This act would provide for plebiscites to be held in Puerto Rico to determine the island's ultimate political status
Political status of Puerto Rico
The current political status of Puerto Rico is the result of various political activities both within the United States and Puerto Rican governments. The basic question regarding this issue is whether Puerto Rico should remain a U.S. territory, become a U.S...

. The bill was approved by the House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...

 on April 29, 2010 by a recorded vote
Recorded vote
A recorded vote is a vote in which the names of those voting for and against a motion may be recorded.In many deliberative bodies , questions may be decided by voice vote, but the voice vote does not allow one to determine at a later date which members voted for and against the motion...

 of 223–169. It was not approved by the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

 and died with the sine die adjournment
Adjournment sine die
Adjournment sine die means "without assigning a day for a further meeting or hearing". To adjourn an assembly sine die is to adjourn it for an indefinite period...

 of the 111th Congress.

The bill has been introduced twice in the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....

, first in 2007 and again in 2009.

Background

Puerto Rico is a self-governing unincorporated territory of the United States located in the northeastern Caribbean Sea, east of the Dominican Republic
Dominican Republic
The Dominican Republic is a nation on the island of La Hispaniola, part of the Greater Antilles archipelago in the Caribbean region. The western third of the island is occupied by the nation of Haiti, making Hispaniola one of two Caribbean islands that are shared by two countries...

 and west of the Virgin Islands
Virgin Islands
The Virgin Islands are the western island group of the Leeward Islands, which are the northern part of the Lesser Antilles, which form the border between the Caribbean Sea and the Atlantic Ocean...

. It was ceded
Cession
The act of Cession, or to cede, is the assignment of property to another entity. In international law it commonly refers to land transferred by treaty...

 to the United States as part of the Treaty of Paris
Treaty of Paris (1898)
The Treaty of Paris of 1898 was signed on December 10, 1898, at the end of the Spanish-American War, and came into effect on April 11, 1899, when the ratifications were exchanged....

 during 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 1952, the U.S. Congress ratified the Constitution of Puerto Rico
Constitution of Puerto Rico
The Constitution of the Commonwealth of Puerto Rico is the controlling government document of the Commonwealth of Puerto Rico. It is composed of nine articles detailing the structure of the government as well as the function of several of its institutions. The document also contains an extensive...

, proclaiming Puerto Rico as an insular commonwealth. However, the Commonwealth of Puerto Rico has territorial status subject to United States congressional authority
United States territory
United States territory is any extent of region under the jurisdiction of the federal government of the United States, including all waters including all U.S. Naval carriers. The United States has traditionally proclaimed the sovereign rights for exploring, exploiting, conserving, and managing its...

 under the Territorial Clause of the U.S. Constitution
Article Four of the United States Constitution
Article Four of the United States Constitution relates to the states. The article outlines the duties states have to each other, as well as those the federal government has to the states...

, “to dispose of and make all needful Rules and Regulations respecting the Territory belonging to the United States." This has been subject of ongoing debate
Political status of Puerto Rico
The current political status of Puerto Rico is the result of various political activities both within the United States and Puerto Rican governments. The basic question regarding this issue is whether Puerto Rico should remain a U.S. territory, become a U.S...

 in Puerto Rico, the United States, and the United Nations.

Three plebiscites have been held in recent decades to resolve the political status but no changes have been attained. Support for inclusion to the United States as a US state and the desire to retain its current political status (status quo) remains about equal. Support for independence usually receives 3–5% of the electoral votes.

Puerto Rico Democracy Act of 2007

The 2007 bill, was introduced in the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...

 on February 7, 2007 by Congressman José Serrano
José Serrano
José Enrique Serrano is the U.S. Representative for , serving since 1990. He is a member of the Democratic Party....

 (D-New York). The bill would have provided for a referendum to be held no later than December 31, 2009. The referendum would have given Puerto Ricans the choice between the options of retaining their present political status, or choosing a new status. If the former option were to win, the referendum would have been held again every 8 years. If the latter option were to win, a separate referendum would have been held no later than December 31, 2011. In this referendum, Puerto Ricans would have been given the option of being admitted as a U.S. State "on equal footing with the other states," or becoming a "sovereign nation, either fully independent from or in free association with the United States." Were Puerto Ricans to choose statehood, independence, or free association, the US Congress would have had six months to act on the wishes of the Puerto Rican people.

The Act had bi-partisan support in the House of Representatives, with 129 co-sponsors, and was introduced in the U.S. Senate as S. 1936 with bi-partisan support on August 2, 2007 by Sen. Ken Salazar
Ken Salazar
Kenneth Lee "Ken" Salazar is the current United States Secretary of the Interior, in the administration of President Barack Obama. A member of the Democratic Party, he previously served as a United States Senator from Colorado from 2005 to 2009. He and Mel Martinez were the first Hispanic U.S...

 (D-CO) with 15 co-sponsors. The bill was never voted on before the 110th Congress ended.

Puerto Rico Democracy Act of 2010

The 2009 bill , was introduced in the United States House of Representatives on May 19, 2009 by Pedro Pierluisi
Pedro Pierluisi
Pedro R. Pierluisi Urrutia is a Puerto Rican lawyer and politician affiliated with the New Progressive Party of Puerto Rico and the United States Democratic Party...

 (D-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...

) who is the Resident Commissioner of Puerto Rico
Resident Commissioner of Puerto Rico
The Resident Commissioner of Puerto Rico is a non-voting member of the United States House of Representatives elected by the voters of the Commonwealth of Puerto Rico every four years...

 to the United States Congress (not a voting-member of the House of Representatives).
The bill would provide for a referendum giving Puerto Ricans the choice between the options of retaining their present political status, or choosing a new status. If the former option were to win, the referendum would have been held again every 8 years. If the latter option were to win, a separate referendum would be held where Puerto Ricans would have been given the option of being admitted as a US State "on equal footing with the other states," or becoming a "sovereign nation, either fully independent from or in free association with the United States." The bill enjoyed bi-partisan support in the House of Representatives, with 182 co-sponsors.

Key issues before Congress

The key issues of this bill that are considered "debatable" are:
  • plebiscite vs. constitutional convention
  • participation of Puerto Rican population not living in the Island
  • exact meaning of "Sovereignty in association with the United States"

Plebiscite vs. constitutional convention

H.R. 2499 proposes to take the question directly to voters in at least one plebiscite. For those who believe that direct democracy is the best method for readdressing the status issue, the plebiscite approach could be preferred. Plebiscites, however, necessarily include pre-determined questions and answers (i.e., the options listed on the ballot). Other proposals (e.g., H.R. 110-1230) suggest a more grassroots-oriented approach involving constitutional convention
Constitutional convention (political meeting)
A constitutional convention is now a gathering for the purpose of writing a new constitution or revising an existing constitution. A general constitutional convention is called to create the first constitution of a political unit or to entirely replace an existing constitution...

s without preconditions on the issues to be considered or options to be proposed. The plebiscite approach is perhaps a more efficient way to ascertain the electorate’s views on specific questions, but plebiscites do not allow for modification of the questions presented. By contrast, although conventions have the potential advantage of allowing for wide-ranging debate, they rely on delegates to represent popular will and might or might not be able to reach a politically viable status choice.

Participation of Puerto Ricans not living in Puerto Rico

Under H.R. 2499, Puerto Ricans living on the Island
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...

 and U.S. citizens born in Puerto Rico – but not necessarily living there today – would be eligible to participate in the plebiscites. This approach is substantially similar to the one proposed in H.R. 900 in the 110th Congress. Allowing non-residents to vote outside their current jurisdiction of residence is not typical in elections, but this aspect of the proposal would provide an opportunity for the substantial Puerto Rican population living elsewhere (assuming they were born in Puerto Rico and remain U.S. citizens) to participate in what many view as an essential Puerto Rican political debate. Proposals to allow those living outside Puerto Rico to vote in plebiscites do not appear to have generated substantial controversy, according to a Congressional Research Service analysis.

Meaning of "Sovereignty in association with the United States"

The first and third status options in the second plebiscite – independence and statehood, respectively – are straightforward. The second option, however, uses terminology that is not widely recognized in discussions of political status. It proposes: "Sovereignty in Association with the United States: Puerto Rico and the United States should form a political association between sovereign nations that will not be subject to the Territorial Clause of the United States Constitution."

“Sovereignty in association with the United States” is not a term of art typically used in status discussions. The proposed ballot language suggests that Puerto Rico would become an independent nation but maintain a close relationship with the U.S., perhaps akin to a concept known as “free association
Associated state
An associated state is the minor partner in a formal, free relationship between a political territory with a degree of statehood and a nation, for which no other specific term, such as protectorate, is adopted...

.” Free association generally implies negotiated legal, economic, or defense ties between two independent nations. Three former territories – the Republic of the Marshall Islands, the Federated States of Micronesia
Federated States of Micronesia
The Federated States of Micronesia or FSM is an independent, sovereign island nation, made up of four states from west to east: Yap, Chuuk, Pohnpei and Kosrae. It comprises approximately 607 islands with c...

, and the Republic of Palau – are currently engaged in free association with the United States. (Following World War II, the U.S. administered all three of those territories on behalf of the United Nations, although they were never U.S. territories per se but United Nations Trust Territories
United Nations Trust Territories
United Nations trust territories were the successors of the remaining League of Nations mandates and came into being when the League of Nations ceased to exist in 1946. All of the trust territories were administered through the UN Trusteeship Council...

.) Based on current compact agreements with the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau, the U.S. provides those countries with defense protection and various forms of economic aid. If the “sovereign association” language proposed in H.R. 2499 is viewed as something akin to free association, the future relationship between the U.S. and an independent Puerto Rico could resemble the current relationships between the United States and the Marshall Islands, Micronesia, and Palau.

“Sovereignty in association with the United States” might also be interpreted to mean so-called “enhanced commonwealth,” an option that is not a particular territorial status or official term, but which has been a component of previous popular
People
People is a plurality of human beings or other beings possessing enough qualities constituting personhood. It has two usages:* as the plural of person or a group of people People is a plurality of human beings or other beings possessing enough qualities constituting personhood. It has two usages:*...

 status debates. Generally, “enhanced commonwealth” suggests a relationship that is, essentially, something between territorial status and statehood. Recent presidential task force reports have concluded that such an option would be unconstitutional because land under United States sovereignty must either be a State or a territory, but some in Puerto Rico maintain that such a political status could be negotiated between Puerto Rico and the U.S. These are two possible interpretations of option No. 2 in the second plebiscite and, in the absence of additional information, the precise meaning of the option is unclear.

Hearing

On June 24, 2009, the U.S. House Committee on Natural Resources held a hearing on the bill with the participation of the Governor of Puerto Rico
Governor of Puerto Rico
The Governor of Puerto Rico is the Head of Government of the Commonwealth of Puerto Rico. Since 1948, the Governor has been elected by the people of Puerto Rico...

, and others like Jennifer Gonzalez
Jennifer González
Jenniffer A. González Colón is a Puerto Rican politician who serves as the Speaker of the House of Representatives of Puerto Rico, a commonwealth with the United States. She is affiliated with the pro-statehood New Progressive Party of Puerto Rico and the United States Republican Party...

, speaker of the Puerto Rico House of Representatives, Thomas Rivera Schatz
Thomas Rivera Schatz
Thomas "Tommy" Rivera Schätz is a Puerto Rican politician currently serving as the fourteenth President of the Senate of Puerto Rico. He is affiliated with the pro-statehood New Progressive Party of Puerto Rico and the United States Republican Party...

, president of the Senate of Puerto Rico
Senate of Puerto Rico
The Senate of Puerto Rico is the upper house of the Legislative Assembly of Puerto Rico, the territorial legislature of Puerto Rico. The Senate is composed of 27 senators, representing eight constituent senatorial districts across the commonwealth, with two senators elected per district; an...

.

Committee vote

The House Natural Resources Committee, led by Chairman Nick J. Rahall (D-WV), approved the bill and referred it to the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...

 floor with a 30 in favor 8 against vote.

House Vote

On April 22, 2010, Resident Commissioner Pedro Pierluisi
Pedro Pierluisi
Pedro R. Pierluisi Urrutia is a Puerto Rican lawyer and politician affiliated with the New Progressive Party of Puerto Rico and the United States Democratic Party...

 announced that H.R. 2499 would be voted on in the week of April 26, 2010.

on April 29, 2010, H.R. 2499 passed the House with a 223–169 vote. Two amendments were added to H.R. 2499. The first, proposed by Virginia Foxx
Virginia Foxx
Virginia Foxx is the U.S. Representative for , serving since 2005. She is a member of the Republican Party. The district takes in much of the northwestern portion of the state and a portion of Winston-Salem....

, stated that it "would allow supporters of the commonwealth status quo the option of voting their preference during the second stage of the plebiscite." The second, proposed by Dan Burton
Dan Burton
Danny "Dan" Lee Burton is the U.S. Representative for , and previously the , serving since 1983. He is a member of the Republican Party....

, stated that it "would retain the requirement that all ballot
Ballot
A ballot is a device used to record choices made by voters. Each voter uses one ballot, and ballots are not shared. In the simplest elections, a ballot may be a simple scrap of paper on which each voter writes in the name of a candidate, but governmental elections use pre-printed to protect the...

s used for authorized plebiscites include the full content of the ballot printed in English" —a consideration already contemplated in Puerto Rican electoral law. It would also require the Puerto Rico State Elections Commission
State Elections Commission of Puerto Rico
The State Elections Commission of Puerto Rico —Spanish: Comisión Estatal de Elecciones de Puerto Rico — is the entity that guarantees the right to vote to the citizens of Puerto Rico. It was created on December 20, 1997 by Law Number 4, as amended, known as the .-External links:* -...

 to inform voters in all authorized plebiscites that if Puerto Rico retains its current status or is admitted as a State: (1) any official language requirements of the Federal Government shall apply to Puerto Rico to the same extent as throughout the United States (regardless of the fact that English is already an official language in Puerto Rico); and (2) it is the Sense of Congress that the teaching of English be promoted in Puerto Rico in order for English-language proficiency to be achieved"; regardless of the fact that English is already taught in all grades from primary school, middle school
Middle school
Middle School and Junior High School are levels of schooling between elementary and high schools. Most school systems use one term or the other, not both. The terms are not interchangeable...

, and high school, as well as in higher education.

Senate Hearing

Immediately following House passage, H.R. 2499 was sent to the U.S. Senate, where it was given two formal readings and referred to the Senate Committee on Energy and Natural Resources
United States Senate Committee on Energy and Natural Resources
The United States Senate Committee on Energy and Natural Resources has jurisdiction over matters related to energy and nuclear waste policy, territorial policy, native Hawaiian matters, and public lands....

. A hearing was scheduled on May 19, 2010 for the purpose of gathering testimony on the bill. Among those scheduled to offer testimony are Resident Commissioner of Puerto Rico Pedro Pierluisi
Pedro Pierluisi
Pedro R. Pierluisi Urrutia is a Puerto Rican lawyer and politician affiliated with the New Progressive Party of Puerto Rico and the United States Democratic Party...

; Governor of Puerto Rico
Governor of Puerto Rico
The Governor of Puerto Rico is the Head of Government of the Commonwealth of Puerto Rico. Since 1948, the Governor has been elected by the people of Puerto Rico...

 Luis Fortuño
Luis Fortuño
Luis Guillermo Fortuño Burset is the governor of the Commonwealth of Puerto Rico, a territory of the United States of America. Fortuño is also the president of the New Progressive Party of Puerto Rico , a member of the Republican National Committee, and will be president of the Council of State...

; President of the Popular Democratic Party of Puerto Rico
Popular Democratic Party of Puerto Rico
The Popular Democratic Party of Puerto Rico is a political party that supports Puerto Rico's right to self-determination and sovereignty, through the enhancement of Puerto Rico's current status as a commonwealth....

 Héctor Ferrer
Hector Ferrer
Héctor J. Ferrer Ríos is a Puerto Rican lawyer and politician who presides the Popular Democratic Party of Puerto Rico.Héctor Ferrer became president of the Popular Democratic Party shortly after November 2008 when the Party suffered the biggest defeat in its seventy-year history...

; and President of the Puerto Rican Independence Party
Puerto Rican Independence Party
The Puerto Rican Independence Party is a Puerto Rican political party that campaigns for the independence of Puerto Rico from United States suzerainty....

 Rubén Berríos
Rubén Berríos
Rubén Ángel Berríos Martínez is a lawyer, a Puerto Rican politician, and the current president of the Puerto Rican Independence Party...

. H.R. 2499 officially died with the sine die adjournment of the 111th Congress.

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK