The Congressional Research Service is a public policy research institute that works exclusively for the United States Congress. It provides nonpartisan policy and legal analysis to members of Congress and their committees. Their reports provide background information for Members of Congress to use in making decisions.
In a recent report, they listed a number of things Congress should consider when deciding whether or not to admit a territory like Puerto Rico as a state:
- whether the status quo provides sufficient democratic representation and inclusion and, if not, which change, if any, would offer improvement;
- popular support for a status change within a territory and whether that support is sufficient for Congress;
- how a territory’s status options were formulated and debated;
- whether altering political status is in the national interest and in a territory’s interest, including issues of culture, defense, economics, language, and political institutions;
- how or whether historical examples of status changes for previous territories warrant consideration.
Let’s look at these points individually as they apply to Puerto Rico.
Democratic representation
Puerto Rico cannot vote in presidential elections, has no senators, and has just one Member of the House without voting rights. Obviously, this is not sufficient democratic representation or inclusion. We have found no claims by any member of Congress that Puerto Rico is represented sufficiently in Washington. We do find some members of Congress saying that Puerto Rico likes not being included, just as you can find people in countries which do not allow women to vote claiming that it is a relief for women not to have to vote.
The lack of democratic representation is not debated, and it should be enough of a reason for Congress to admit Puerto Rico.
Popular support
57% of Puerto Rico voters chose statehood in the most recent status vote, the fourth referendum in this century — and the fourth win for statehood. The votes have been constructed in many different ways, and each one has shown statehood as the majority position. There should be no question about popular support for statehood.
Anti-statehood factions have tried a number of different methods of election denial, including claims that blank votes should be counted, boycotts, and complaints about voter turnout. Nonetheless, statehood has been the top choice in every referendum in this century. In a democratic nation, the majority vote must be respected.
Several territories, including both Alabama and California, were admitted as states without holding any status votes at all. Several more had two or three votes and were admitted once they reached the point of having popular support for statehood. Puerto Rico has held seven status votes and has been voting for statehood for more than a dozen years. This requirement has clearly been met.
Status options
The Department of Justice has clearly said that there are three possible options for Puerto Rico’s political status under the U.S. Constitution: independence, statehood, or continuing as a territory. Presidential task forces, legal scholars, and Congress have agreed. Independence may also include a Compact of Free Association with the United States.
There is, however, debate about which status options should be on a referendum ballot. Some in Congress believe that the current territory status should be included as an option, which others say that this is a colonial status that should not be possible in the 21st century. Leaders in Puerto Rico may favor the current status, but only when they imagine that it could be expanded or improved into some other, special status: “enhanced commonwealth.”
Definitions of both free association and enhanced commonwealth vary from one person to another. This is an area that may require Congress to make it clear what they would support.
National interest
Puerto Rico is strategically important for national defense, is a significant part of medical supply chains in the U.S., and is home to major natural and cultural assets. Statehood would unquestionably bring greater prosperity and equal rights to Puerto Rico as it has to 32 territories which have already become states. And yet the question of whether statehood would be beneficial for the Island and the nation continues to be debated.
This was true for every territory which has become a state. We look forward to the time when Puerto Rico, like Arizona, Utah, New Mexico, Texas, Hawaii, and Oregon, among others, can look back to the days when there was debate about statehood.
Historical examples
Puerto Rico should not be expected to jump through hoops that other territories did not have to jump through in their struggles for statehood. No state has ever had a national referendum or a requirement that existing states ratify its admission. Puerto Rico should not have to go through such steps either.
The current Congress should take onto account the previous successful admissions of states and see what each one of the 50 diverse states has brought to our nation. It is time — it is in fact long past time — to welcome Puerto Rico into the Union.
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