There was a time in U.S. history when territories were wild and lawless places. Not now. Puerto Rico has many laws that apply specifically to the territory. Puerto Rico has its own constitution, celebrated on Constitution Day, July 25th. Puerto Rico also uses the federal laws of the United States and is subject to the U.S. Constitution, though people living in Puerto Rico do not have the full protection of the U.S. Constitution. The laws of Puerto Rico are, in fact, much the same as the laws of the 50 states.
Just like the states, Puerto Rico can make its own laws but the laws of the United States take precedence if there are conflicts. The U.S. Constitution takes precedence over all other laws anywhere in the United States, including Puerto Rico.
Local laws
Cities can have their own laws, which are often called ordinances. For example, the Code of Public Order of the Municipality of San Juan sets a “last call” time of 1:00 or 2:00 a.m. depending on the day of the week. Hotels are exempt from this ruling, but bars can’t sell alcohol after that time. This law is specific to the city of San Juan. Last call times are set by law in many towns and cities all across the nation, and they can be different in every town. The U.S. Constitution says nothing about how late alcohol can be sold, and state constitutions are also silent on the matter. it is up to each town to make their own rules on this matter.
Puerto Rico also has local laws applying only to the territory, just as states have their own laws applying only to their states. An example is the Puerto Rico Right to Employment Act, which is different from laws in the various states. Puerto Rico has relatively complicated labor laws, including rules about workers assigned by their companies on the mainland to work in Puerto Rico. If that assignment lasts less than three years, then those workers do not have full protection under Puerto Rico’s labor laws, but will continue too follow the laws of the state they came from. That’s different from any state.
According to the 10th Amendment to the Constitution, states have the power to make their own laws about anything the U.S. Constitution doesn’t cover, and this is generally true for Puerto Rico — except that Congress can make laws for Puerto Rico. So Congress could require the territory of Puerto Rico to use English in its schools — and has done so in the past. However, Congress cannot make rules about language for a state. States get to make their own decisions about language, which is not mentioned in the U.S. Constitution. People who worry that statehood would threaten the Spanish language in Puerto Rico do not understand this principle.
Local constitution
The Constitution of Puerto Rico was changed by Congress before its approval, but it is now the primary law for the territory of Puerto Rico. Each states also has a constitution. These documents all had to be approved by Congress before statehood. Some of the current states had very contentious issues in their constitutions. Topics like slavery, segregation, woman’s suffrage, and polygamy had to be sorted out before some of the current states could be admitted.
Puerto Rico’s constitution has already been approved by Congress, so this will not be an issue for Puerto Rico. However, the U.,S. Constitution holds sway if there is ever a conflict between the constitution of a state or territory and the U.S. Constitution. One example is the death penalty in Puerto Rico. Puerto Rico’s constitution, drafted and ratified in 1952, explicitly prohibits the death penalty. This means the territory itself cannot use capital punishment.
However, the U.S. federal government has its own set of laws, including the death penalty for certain federal crimes. These federal laws apply throughout the entire country, including territories like Puerto Rico. In federal court cases happening in Puerto Rico, if the crime falls under the category where the death penalty is applicable under federal law, prosecutors can seek it as punishment, even though it’s not allowed under Puerto Rico’s own laws.
Federal laws
Ideas about the “enhanced commonwealth” often include a demand that federal laws should not automatically apply in Puerto Rico. Under this plan, Puerto Rico voters would be able to vote on and reject laws that they disagreed with. For example, a federal law banning cockfighting was very unpopular in Puerto Rico. Nonetheless, in 2018, the sport was banned by federal law in all the territories. Puerto Rico had no choice but to accept the decision of Congress.
This aspect of “enhanced commonwealth” is impossible under the U.S. Constitution. While states have rights and can fight over how exactly a federal law might apply, Congress has the right, under the Territorial Clause, to “make all needful Rules and Regulations” for the territories.
The Supremacy Clause of the U.S. Constitution says that federal law always superseded state law. However, there’s a concept called federalism, which allows states to have some level of autonomy in regulating certain matters within their borders. An example of this is found in states where recreational use of marijuana is legal, even though federal law still forbids it. This is a complicated situation. So far, it appears that the federal government has decided not to press the matter. It does not mean that citizens of Colorado or California get to approve or disapprove federal laws and choose which ones apply.
The bottom line
Puerto Rico has local laws just as the states do. Both states and territories must follow federal laws. However, local governments in states derive their authority from the state government. State constitutions and laws grant specific powers to local jurisdictions, outlining what they can regulate. Local governments in territories (like municipalities in Puerto Rico) might have a similar structure to states, but their authority comes from the U.S. Congress. Congress can establish the framework for local governments in territories and can also override local laws that conflict with federal law.
As a territory, Puerto Rico has less power over its laws than it will have as a state.
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