Puerto Rico's background

  • Since 1898, Puerto Rico has had limited representation in the United States Congress in the form of a Resident Commissioner, a nonvoting delegate. The 110th Congress 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. Puerto Rico has elections on the United States presidential primary or caucus of the Democratic Party and the Republican Party to select delegates to the respective parties' national conventions although presidential electors are not granted on the Electoral College. As American citizens, Puerto Ricans can vote in U.S. presidential elections, provided they reside in one of the 50 states or the District of Columbia and not in Puerto Rico itself.
    Residents of Puerto Rico pay U.S. federal taxes: import and export taxes, federal commodity taxes, social security taxes, thereby contributing to the American Government. Most Puerto Rico residents do not pay federal income tax but do pay federal payroll taxes (Social Security and Medicare). However, federal employees, those who do business with the federal government, Puerto Rico – based corporations that intend to send funds to the U.S. and others do pay federal income taxes. Puerto Ricans may enlist in the U.S. military. Puerto Ricans have participated in all American wars since 1898; 52 Puerto Ricans had been killed in the Iraq War and War in Afghanistan by November 2012.
    Puerto Rico has been under U.S. sovereignty for over a century after it was ceded to the U.S. by Spain following the end of the Spanish – American War, and Puerto Ricans have been U.S. citizens since 1917. The island's ultimate status has not been determined, and its residents do not have voting representation in their federal government. Like the states, Puerto Rico has self-rule, a republican form of government organized pursuant to a constitution adopted by its people, and a bill of rights.
    This constitution was created when the U.S. Congress directed local government to organize a constitutional convention to write the Puerto Rico Constitution in 1951. The acceptance of that constitution by Puerto Rico's electorate, the U.S. Congress, and the U.S. president occurred in 1952. In addition, the rights, privileges and immunities attendant to United States citizens are "respected in Puerto Rico to the same extent as though Puerto Rico were a State of the Union" through the express extension of the Privileges and Immunities Clause of the U.S. Constitution by the U.S. Congress in 1948. 
    Puerto Rico is designated in its constitution as the "Commonwealth of Puerto Rico". The Constitution of Puerto Rico, which became effective in 1952, adopted the name of Estado Libre Asociado (literally translated as "Free Associated State"), officially translated into English as Commonwealth, for its body politic. The island is under the jurisdiction of the Territorial Clause of the U.S. Constitution, which has led to doubts about the finality of the Commonwealth status for Puerto Rico. In addition, all people born in Puerto Rico become citizens of the U.S. at birth (under provisions of the Jones – Shafroth Act in 1917), but citizens residing in Puerto Rico cannot vote for the President of the United States nor for full members of either house of Congress. Statehood would grant island residents full voting rights at the federal level. The Puerto Rico Democracy Act (H.R. 2499) was approved on April 29, 2010, by the United States House of Representatives (223–169), but was not approved by the Senate before the end of the 111th Congress. It would have provided for a federally sanctioned self-determination process for the people of Puerto Rico. This act would provide for referendums to be held in Puerto Rico to determine the island's ultimate political status. It had also been introduced in 2007.

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