Automatic Statehood?

Stephen Paley commented at our Facebook page, “It was my understanding that if PR voted for statehood, it would be automatic.” This is not the first time we have seen this claim. In fact, whenever we ask candidates about Puerto Rico Statehood, we can expect that some of them will say this. We find that many people believe Puerto Rico has voted against statehood, even though four of the seven status votes have has statehood as the winning option. One reason people continue to believe this is that many people think that when a territory chooses statehood, it just gets to become a state — automatically.

How does a territory become a state?

There is no single process for admission that every territory has gone through. This is roughly the way a territory becomes a state:

• Popular vote and petition: Residents of a territory can express their desire for statehood through referendums or other democratic processes. A successful vote can lead to a formal petition to Congress, requesting statehood. Puerto Rico has voted for statehood four times, in 2012, 201`7, 2020, and 204,  and presented a formal petition for admission in 2018. Several current states never had a statehood referendum at all, so this is not a hard and fast requirement, but Puerto Rico has met it.
• Congressional approval: The U.S. Congress, specifically both the House of Representatives and the Senate, must pass enabling legislation to admit a new state.
  This involves a complex legislative process, including debates, hearings, and potential amendments. The legislation often outlines specific conditions, such as the territory’s population size, economic viability, and adherence to constitutional principles. Only a simple majority is required, and several states had slim majorities. Missouri got in with a 6-vote majority and Oregon had just 11 to spare. We often see a claim that 2/3 of the House or Senate must vote in the affirmative, but this is not a law or part of the Constitution. it is a current custom in Congress.
• Presidential approval: Once both houses of Congress approve the enabling legislation, the President must sign it into law. This is true. There have been occasions when a president vetoed a state’s admission. In those cases, Congress just waited for the next president — or vetoed the veto. No state has permanently failed to be admitted because of a president’s decision. So far, many presidents have publicly favored statehood for Puerto Rico. Ford, Reagan, and Biden are a few examples.
• State constitution: The territory must draft and ratify a state constitution that complies with the U.S. Constitution. Puerto Rico has already done this.
• Final admission: Upon fulfilling all these conditions, the territory is officially admitted as a state, joining the Union. At this point, we sometimes hear that the other states must ratify a new state’s admission or that the American people must vote on it. Neither of these has ever been required.

What are the obstacles to statehood for Puerto Rico?

There are bills in both the Senate and the House right now that would give Puerto Rico an opportunity to vote among three status options — statehood, independence, or sovereign free association — with the understanding that Congress would commit to action on the decision of the voters.

The Senate and the House could vote on these bills, pass them, and send the legislation to President Biden this month. The bills, both versions of the Puerto Rico Status Act which passed the House in December 2022, could bring Puerto Rico into the Union as a state in 2025, giving both President Biden and President Trump the distinction of adding a state for the first time in the 21st century.

Alternatively, the Republican legislature could, next year, create a new bill offering statehood to Puerto Rico and keeping the bragging rights for themselves.

Or Congress could continue to keep Puerto Rico in the position of a colony, tarnishing the image of the United States as a beacon of freedom and embarrassing the nation. Ask your new representatives which path they want to take, or encourage your current reps to make history before they leave.