Puerto Rico is an unincorporated territory of the United States. This status means that the U.S. Constitution does not apply completely to Puerto Rico. Congress can treat Puerto Rico differently from states. Puerto Rico can remain a territory forever.
Some observers claim that Puerto Rico became incorporated in 1917, when people born in Puerto Rico attained U.S. citizenship, or in 1952, when the Constitution of Puerto Rico was accepted by Congress, or gradually over time as Puerto Rico became ever more clearly intertwined in the U.S. economy and culture. However, decisions since then by the U.S. Supreme Court confirm that Puerto Rico is still unincorporated. What would change if Puerto Rico became an incorporated territory?
What’s the difference?
It’s not clear that this would make a difference. Statehood for Alaska by George Sundborg explained, “Since the whole theory of territorial government was based on the assumption that the period of territorial tutelage would be short, and would be followed by statehood, not too much time or effort was ever expended by Congress in perfecting it.”
At the time this was written, Alaska was still a territory and had come to see that status as “more or less permanent.” As an incorporated territory, Alaska was covered by the U.S. Constitution, as the treaty by which the United States gained it from Russia required. “Of course, the people of Alaska are to this day conspicuously denied one of the rights and advantages which citizens of the United States hold most dear. This is the right, through the ballot to control in some measure the functioning of the national government.”
As a territory, albeit an incorporated territory, Alaska could not vote in presidential elections and did not have full representation in the federal government.
Becoming an incorporated territory would not change that circumstance for Puerto Rico any more than it did for Alaska.
“It is obvious, but not often appreciated by those who do not reside in the territories, that American citizens participate in determining the policies of the national federation only through the medium of the states. The President is selected by an electoral college composed of members from each state. The Senate is made up of two members from each state. The House of Representatives is apportioned according to the population of the states,” Sundborg continues. “From beginning to end, the reins which guide the progress of the national government lead only from the states and citizens of the states. The territories and possessions are out of it. Apparently it was inconceivable to the founding fathers that Americans anywhere or of any era should exist for long under a form of government in which the benefits of suffrage and representation are denied them.”
Statehood for Alaska went on to list the inequities Alaska faced as a territory, which were very similar to those Puerto Rico faces today. Being an incorporated territory did not strengthen Alaska significantly.
One big difference
As an incorporated territory, Alaska did not have the option of independence. An unincorporated territory could become independent, as the Philippines did. An incorporated territory could not. Puerto Rico does not want independence. The most recent poll from Gaither International found that Puerto Rico voters chose statehood over independence by a majority of 73%. Statehood has won in every referendum in this century.
As long as Puerto Rico is an unincorporated territory, though, separatists can say that support for independence is growing and will someday supplant the current majority for statehood.
Should we work for incorporation?
Puerto Rico does not have to be an incorporated territory to become a state. California, for example, was not incorporated before statehood. Neither was Texas.Efforts toward incorporation could distract from the current movement toward statehood and delay the inevitable admission of Puerto Rico.
Reach out to your representatives and ask them to get on the right side of history and support the Puerto Rico Status Act. This bill gives Puerto Rico voters a choice between statehood and independence with or without a Compact of Free Association.
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