The incoming resident commissioner for Puerto Rico wants the Island to keep and improve the commonwealth status. “Commonwealth” really isn’t a political status, though; the word is in Puerto Rico’s official name, just as it is in the official name of Kentucky, but it has no real meaning. Puerto Rico is an unincorporated territory, a status it has held for more than a century.
In that time, different definitions of what an improved commonwealth might be have been proposed. In 199, a bill introduced in the Senate had a definition of what Puerto Rico would be if it became a commonwealth. The law made it clear that Puerto Rico’s status at that time — unincorporated territory — was not what “commonwealth” supporters meant by “commonwealth,” and proposed a change of status to this new arrangement.
The bill, S.712, called for a federally sponsored referendum giving Puerto Rico voters a choice among statehood, independence, and commonwealth — as well as “none of the above,” which would presumably have been a choice to continue as a territory. It required Congress to implement the chosen status.
Major provisions
“States that Puerto Rico is a self-governing body politic joined in political relationship with the United States and is under U.S. sovereignty. Makes this relationship permanent unless revoked by mutual consent.” Puerto Rico is in charge of its local government, but the status of a territory is necessarily temporary. Congress makes the decisions for territories, and mutual consent is not required.
“Allows the Governor of Puerto Rico to certify that the Puerto Rico legislature has adopted a resolution that states that a Federal law should no longer apply to Puerto Rico because there is no overriding national interest in having such law apply to Puerto Rico. Provides that a Federal law so certified shall no longer apply to Puerto Rico if a joint resolution approving the recommendation of the Puerto Rican Government is enacted. Sets forth procedures for consideration of such joint resolution.” This ability to pick and choose among federal laws has been part of the “enhanced commonwealth” idea from the beginning, but it is not possible under the U.S. Constitution.
“Authorizes the Governor of Puerto Rico to enter into international agreements to promote the international interests of Puerto Rico as authorized by the President.” Territories (and states, for that matter) can’t make international agreements as countries do.
“Requires the heads of Federal agencies to consult with the Governor of Puerto Rico as to whether there are special circumstances or qualifications which should be considered in making appointments to specified positions. Requires the President, prior to nominating any person to serve in Puerto Rico whose appointment requires the advice and consent of the Senate, to consult with the Governor as to whether such circumstances or qualifications should be considered in deciding on a nomination. Makes consultation requirements inapplicable with respect to U.S. armed forces, Coast Guard, and law enforcement agency positions.” Federal agencies operate under federal law and answer to the president. This item, like several others, would give Puerto Rico powers and privileges that current states do not have. States must, under the Constitution, be equal.
“Establishes the Office of Senate liaison for the Commonwealth of Puerto Rico. States that the purpose of such office shall be to facilitate the exchange of information between the Senate and the Puerto Rican Government. Authorizes appropriations for such Office.” Having a Senate Liaison would not be the same as having two senators, as a state of Puerto Rico would.
“Continues current social welfare benefit programs in Puerto Rico during the first calendar year following certification for commonwealth. Requires the Secretary of Health and Human Services, beginning on January 1 of the second calendar year after such certification, to withhold payments to the Commonwealth of Puerto Rico, under specified provisions of the Social Security Act, unless certain defined conditions are met. Establishes procedures for the operation of other entitlement programs after Puerto Rico becomes a Commonwealth.” This paragraph makes it clear that the “commonwealth” envisioned in this bill was not the status quo.
What happened to the bill?
This bill had only two cosponsors. It did not pass, and the next referendum took place in 1998. In that year, “commonwealth” got 0.06% of the votes. It was quite differently defined: “The commonwealth option represents a continuation of the current status of Puerto Rico.”
The bill for the 1998 referendum, HR 856, said, “The approved constitution established the structure for constitutional government in respect of internal affairs
without altering Puerto Rico’s fundamental political, social, and economic relationship with the United States and without restricting the authority of Congress under the Territorial Clause to determine the application of Federal law to Puerto Rico, resulting in the present ‘Commonwealth’ structure for local self-government. The Commonwealth remains an unincorporated territory and does not have the status of ‘free association’ with the United States as that status is defined under United States law or international practice.”
The “commonwealth” party did not agree with this definition, and called for its members to vote “none of the above” rather than for “commonwealth.” However, the definition in HR 856 was in reality the most accurate definition of the current status. The definition in S 712 is not possible under the U.S. Constitution.
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