| Constitution of the Commonwealth of Puerto Rico | |
|---|---|
 Exhibition of the Constitution at therotunda of theCapitol of Puerto Rico | |
| Original title | Constitución del Estado Libre Asociado de Puerto Rico |
| Ratified | July 25, 1952; 72 years ago (1952-07-25) |
| Location | Capitol of Puerto Rico, San Juan, Puerto Rico |
| Author(s) | 92 delegates from three parties |
| Purpose | Create acommonwealth in union with the United States |
| Full text | |
 Constitution of the Commonwealth of Puerto Rico atWikisource | |
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TheConstitution of the Commonwealth of Puerto Rico (Spanish:Constitución del Estado Libre Asociado de Puerto Rico,lit. 'Constitution of the Free Associated State of Puerto Rico') is theprimary organizing law for theunincorporated U.S. territory ofPuerto Rico, describing the duties, powers, structures, and functions of thelocal government of Puerto Rico and its relation with the U.S. innine articles. Established under thePuerto Rico Federal Relations Act of 1950, it was approved by the residents of thearchipelago and island in aconstitutional referendum on March 3, 1952, ratified by theU.S. Congress as perPub. L. 82–447 on July 3, 1952, and proclaimed into effect byGovernorLuis Muñoz Marín on July 25, 1952, which is celebrated asConstitution Day. As the constitution of a U.S. territory, it isbound by theU.S. Constitution.
The Constitution of Puerto Rico established the currentCommonwealth of Puerto Rico, which succeeded theinsular government that operated under theForaker Act from 1900 to 1917 and theJones–Shafroth Act from 1917 to 1952.
Under constitution, theunincorporated U.S. territory of Puerto Rico is neither asovereign state nor aU.S. state. Puerto Rico is subject to theterritorial sovereignty andfederal government of the U.S., which is responsible for themonetary policy,foreign relations,defense, among otherenumerated powers. Thelocal government of Puerto Rico is responsible foreducation,law enforcement,elections, among otherreserved powers. Both governments shareconcurrent powers, includingtaxation andfiscal policy. Thepolitical status of Puerto Rico is anongoing debate.
TheUnited States government authorized Puerto Rico to draft its own constitution with the enactment of thePuerto Rico Federal Relations Act of 1950.[1] The Constitutional Assembly met for a period of several months between 1951 and 1952 in which the document was written. The law required the framers to follow only two basic requirements: a republican form of government and inclusion of a Bill of Rights.[2]
The proposed constitution was approved overwhelmingly by nearly 82% of the voters in apopular referendum on March 3, 1952. TheUnited States Congress and the President approved it,[3] but required that the Article II (Bill of Rights), Section 20 (guaranteeing the right to education and various economic rights it recognized as human rights)[4] be stricken and that language be added to Section 5 of Article II allowing non-governmental schools.[3] On July 10, 1952, the Constitutional Convention of Puerto Rico reconvened and approved a resolution accepting those conditions, which were later ratified in a referendum held in November 1952, by the electorate. On July 25, 1952, GovernorLuis Muñoz Marín proclaimed that the constitution was in effect. In a speech on July 25, 2013, GovernorAlejandro García Padilla, despite the conditions established by Congress, proclaimed that, henceforth, Sec. 20 would be deemed by his administration to be in effect.
In 1960, 1961, 1964 and 1970 voters approved amendments to the constitution in various referendums.[5]
A continuing debate has dealt with the legal status of Puerto Rico under the Federal Government of the United States. Certain decisions by theSupreme Court of the United States appeared to have interpreted theTerritorial Clause of the United States Constitution as still controlling over Puerto Rico. Under this clause, the United States Congress is the recognized sovereign of the island.
In 1976, theU.S. Supreme Court clarified that the purpose of Congress in the 1950 and 1952 legislation was to accord to Puerto Rico the degree of autonomy and independence normally associated with a State of the Union.[6] However, on June 9, 2016, as an outcome of the case known asPuerto Rico v. Sanchez Valle, theU.S. Supreme Court incited a debate regarding the nature of the relationship established by the 1950 and 1952 legislation, allegedly breaching the compact between the United States and the People of Puerto Rico.[7] The debate was fueled when the Supreme Court decided that theDouble Jeopardy Clause bars Puerto Rico and the United States from successively prosecuting a single person for the same conduct under equivalent criminal laws. The Supreme Court ruling stated that, at least in the cases related to criminal offenses, sovereignty of Puerto Rico ultimately resides in theUnited States Congress.[8]The argument made by the U.S. Supreme Court was interpreted by many as an affirmation of a severely diminished capacity of the constitutional stature that the Puerto Rican government had.[citation needed] This was the same idea of stature that the Puerto Rican government has had for nearly seven decades.[citation needed] JusticeElena Kagan stated that the ruling in the case of 'Puerto Rico v. Sanchez Valle' was confined solely to the corresponding issue of double jeopardy within a criminal case, not to the whole of Puerto Rico's political status.[9][verification needed] Still, the outcome fueled a debate regarding the current nature of the political relationship established between Puerto Rico and United States of America.[citation needed]
In 1994 and 2012 constitutional amendments were proposed but these were unsuccessful.[5] In 2021 thePPD majority led byTatito Hernández began a discussion over amending the constitution.[10] The speaker of theHouse of Representatives proposed increasing the governor's salary, replacingat large representatives by district elections and reducing the number of representatives from 51 to 45.[11] GovernorPedro Pierluisi has favoredterm limits for legislators but has expressed opposition to proposals for the creation of arecall referendum.[12]
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Twelve weeks after the people of Puerto Rico approvedto write their own constitution in a referendum, 92 individuals were elected as delegates to a constitutional assembly on August 27, 1951. Of these, 70 belonged to thePopular Democratic Party (PPD), 15 belonged to theRepublican Statehood Party, while 7 belonged to thePuerto Rican Socialist Party. Members from thePuerto Rican Independence Party (PIP) abstained from participating. The following is a list of the delegates:
The delegates, which would eventually become thefounding fathers of the current commonwealth of Puerto Rico, established 10 permanentcommittees: 7 which dealt with constitutional matters and 3 which dealt with the assembly's internal operations. The constitutional committees were as follows:
The assembly held 62 sessions between September 17, 1951, and February 6, 1952, approving the constitution within the assembly two days before concluding their affairs on February 4, 1952. The constitution was then overwhelmingly approved a month later by the people of Puerto Rico in a referendum held on March 3, 1952.
The Preamble reads:
The Preamble of the Constitution of Puerto Rico is more extensive than thePreamble to the United States Constitution. However, it has the similarity that the preamble neither grants any powers nor inhibits any actions; it only explains the rationale behind the Constitution. Yet, it specifically details the determining factors that the Puerto Rican people have chosen as the basis for their new government. It also establishes the Constitution's loyalty to theprinciples of the Federal Constitution.
The remainder of the document consists of nine articles:
Article One establishes the new government for the unincorporated territory, which shall bear the name ofCommonwealth of Puerto Rico. It declares that the source of the power of the government emanates from the people. The following three sections of the Article establish the Republican form of government of the unincorporated territory, divided into three branches (legislative, executive and judicial) and specifies the territorial jurisdiction of the document as well as the seat of the new government, which shall be the city ofSan Juan.
Article Two of the Constitution of Puerto Rico—titled as the Bill of Rights (Spanish:Carta de Derecho)— liststhe most important rights held by the citizens ofPuerto Rico. The Bill of Rights was mandated byPub. L. 81–600 which provided for the people of Puerto Rico to adopt a constitution of their own which had to include abill of rights.[14]
The bill enumerates several freedoms, namelyfreedom of assembly,freedom of the press,freedom of religion,freedom of speech,freedom from unreasonable search and seizure,security in personal effects, andfreedom from warrants issued without probable cause. It also establishes two fundamental declarations, that "the dignity of the human being is inviolable" and thatall men are equal before the law. It also prohibits several discriminations, namely discrimination made on account ofrace, color,sex,birth,social origin or condition, orpolitical orreligious ideas. The bill even took a step further by declaring such principles as essential tohuman equality.
The Bill of Rights also establishes explicitly that there shall be completeseparation of church and state, and that Puerto Rico must have a system offree andsecularpublic education. It also establishes theright to vote, theright to life, and theright to liberty.
There are a number of variations that make the Puerto Rico Bill of Rights distinct from that of theFederal Bill of Rights. For instance in Puerto Rico they do not have the right totrial by jury but they do have direct protections againstwiretapping.
In order to comply with the requirements of Public Law 600, the framers of the Constitution of Puerto Rico decided to draft an extensive list of rights which were then organized into a whole Article of the constitutional document. It is divided into nineteen sections, each one listing one or several rights which are deemed fundamental under Puerto Ricanconstitutional law.
Section One begins by establishing that 'the dignity of the human being is inviolable' and that 'all men are equal before the law.'.[15] These two sentences have traditionally been interpreted by scholars as granting an unlimited number of rights, since anything that violates the dignity of a human being will be deemed unconstitutional. However, the remainder of the section concretely establishes the kinds of discriminations that are outlawed.
Section Two establishes theright to vote in Puerto Rico;
Section Three is the religious clause of the Constitution of Puerto Rico. It prohibits theestablishment of religion and protects thefree exercise of religion. It reads;
The last sentence specifically and concretely establishes theseparation of church and state, a clause that is not found in the United States' Constitution but, rather, it is assumed and interpreted to exist. Section three leaves no doubt about the existence of such separation in Puerto Rico.
Section Four is very similar to theFirst Amendment to the United States Constitution. It establishes thefreedom of speech,freedom of the press,freedom of assembly and theright to petition. It reads;
Section Five establishes the right to an education. It also mandates the establishment of a non-sectarian and free educational system for the commonwealth. The section also establishes that education will be compulsory for elementary school,to the extent permitted by the facilities of the state. The section further establishes thatno public property or public funds shall be used for the support of schools or educational institutions other than those of the state.
Section Six declares the right of the people to organize themselves in associations, except if the associations are military or quasi-military in nature.
Section Seven contain several important fundamental rights. It reads;
First, Section Seven establishes that the right to life is fundamental in Puerto Rico. Because of this, the section determines that thedeath penalty will not exist under the jurisdiction of the commonwealth.
Second, the section contains thedue process of law as well as theequal protection clauses. Third, it includes a contract clause for the jurisdiction of the commonwealth. Finally, the sections guarantees that a minimum amount of the property owned by individuals will be exempt from government possession.
Section Eight declares that every person has the right to be protected by law against attacks on their honor, reputation and private or family life. This section has been interpreted as creating a generalright to privacy in Puerto Rico.
Section Nine creates more liberties for the press. It establishes that:
Section Ten is similar to theFourth Amendment to the United States Constitution. It establishes that persons shall be protected against "unreasonable searches and seizures". It explicitly prohibits the use ofwire-tapping. Furthermore, it declares that nosearch warrant shall be issued unlessprobable cause is shown.
Section Eleven is primarily devoted to the rights of the accused.
It also establishes that in all trials of felony the accused shall enjoy of a jury of twelve peers who render a verdict by majority vote in which no less than nine shall concur. Also, the section creates the right against self-incrimination as well as the prohibition ofdouble jeopardy.
Section Twelve outlaws slavery and involuntary servitude, unless duly convicted. It also prohibitsex post facto laws andbills of attainder.
Section Thirteen guarantees thewrit of habeas corpus, which can only be suspended by the Legislative Assembly in time of "rebellion, insurrection or invasion."
Section Fourteen prohibits the use oftitles of nobility. It also prohibits public officials to receive gifts from foreign powers without the approval of the Legislative Assembly.
Section Fifteen deals withchild labor. It prohibits the employment of children of less than fourteen years on jobs that may be "prejudicial to their health or morals". It also guarantees that no children under the age of sixteen shall be kept in jail.
Section Seventeen creates the fundamental right of employees, private and public, to organize themselves into associations and to negotiate with their employers. Section Eighteen also declares a fundamental right for employers to go on strike. However, the section ends by stating; "Nothing herein contained shall impair the authority of the Legislative Assembly to enact laws to deal with grave emergencies that clearly imperil the public health or safety or essential public services."
Section Nineteen is similar to theNinth Amendment to the United States Constitution. It reads;
This section stresses out that the civil rights and liberties outlined in this Bill of Rights do not constitute an exclusive list thereof; others may exist. In other words, just because a civil right is not listed here, does not mean that the people do not have it. This is a safeguard against strict literal interpretations of the constitution with which the people will be denied all the rights not specifically listed here, such as a right to travel between districts at their own leisure (seepropiska), or the right to travel abroad.
The article establishes that theterritorial legislature must bebicameral, and composed by theSenate as theupper house and theHouse of Representatives as thelower house.[16] It also established the composition of each house, and that Puerto Rico must be divided intosenatorial andrepresentative districts for the purpose ofelections.[17][16]
The article also established a board that must revise the districts after eachdecennial census so that they remain practicable, and divided upon the basis of population and means of communication.[18] It also established how the number of members of each house must increase when apolitical party obtains more than two thirds of the seats in one or both houses.[19] This was done in order to reduce the likelihood of one party having absolute control overconstitutional amendments, as these require at least two thirds of the vote of each house in order to be enacted.[20]
Article Four was also very loose regarding the rules overseeing each house, establishing that each house must be the sole judge of the election, returns and qualifications of its members, that each house must choose its own officers, and that each house must adopt rules for its own proceedings appropriate to legislative bodies.[21] This, in essence, gives broad powers to each house on how to structure itself and which procedures it must follow. It, however, established the posts ofPresident of the Senate andSpeaker of the House without any other specifics besides the title of the posts although interpretatively the article meant them to be thepresiding officers of their respective house.[21]
The article also established that the sessions of each house must be open, what constitutesquorum, and where should they meet, namely in theCapitol of Puerto Rico.[22][23][24] It also grantedparliamentary immunity to its members.[25]
Article Four also established the parliamentary procedure to enactbills, namely that they must be printed, read, referred to acommission and returned therefrom with a written report, approved by the majority of which each house is composed, and signed by thegovernor in order to become law.[26][27] The article also established the exclusive powers of each house, as well as establishing the post ofComptroller.[28][29]
Article Four describes the powers, structure, functions, responsibilities, and legal scope of theGovernor of Puerto Rico, theexecutive branch of the government of Puerto Rico.[30] The article establishes the term length of the governor and the requirements to hold such post, as well as establishing the governor ascommander-in-chief of the militia, namely thePuerto Rico National Guard.[31] It also establishes that the governor must present aState of the State address to theLegislative Assembly each year, as well as a report on theBudget of the Government of Puerto Rico.[31]
The article also establishes theCouncil of Secretaries, and that all secretaries must be appointed with theadvice and consent from theSenate of Puerto Rico, except for theSecretary of State which requires the advice and consent of theHouse of Representatives as well.[32]
Article Four also established severalexecutive departments, namely the departments of Agriculture and Commerce,Education,Health,Justice,Labor,State,Public Works, andTreasury.[33] The Department of Agriculture and Commerce was later renamed to theDepartment of Agriculture, while several decades later theDepartment of Commerce and Economic Development was created by extraconstitutional law.
The article also established the first steps towards thePuerto Rico governmental line of succession, establishing the Secretary of State as first in line of succession.[34]
Article Five describes the powers, structure, functions, responsibilities, and legal scope of theSupreme Court of Puerto Rico, thejudicial branch of the government of Puerto Rico.[35] The article also establishes that the Supreme Court must be thecourt of last resort, and that it must be composed by aChief Justice and severalAssociate Justices.[36] It also establishes that judges must be appointed by theGovernor of Puerto Rico with theadvice and consent from theSenate of Puerto Rico.[37]
Article Six authorizes the Legislative Assembly to create, abolish, consolidate and reorganize municipalities; to change their territorial limits; to determine their organization and functions; and to authorize them to develop programs for the general welfare and to create any agencies necessary for that purpose. It also authorizes the Commonwealth of Puerto Rico to impose and collect taxes and to authorize their imposition and collection by municipalities, as determined by the Legislative Assembly.
Article 7 established the rules to perform amendments to the constitution, the Legislative Assembly may propose amendments to this Constitution by a concurrent resolution approved by not less than two-thirds of the total number of members of which each house is composed. All proposed amendments shall be submitted to the qualified electors in a special referendum, but if the concurrent resolution is approved by not less than three-fourths of the total number of members of which each house is composed, the Legislative Assembly may provide that the referendum shall be held at the same time as the next general election. Each proposed amendment shall be voted on separately and not more than three proposed amendments may be submitted at the same referendum. Every proposed amendment shall specify the terms under which it shall take effect, and it shall become a part of this Constitution if it is ratified by a majority of the electors voting thereon.
The section 3 indicates that no amendment to this Constitution shall alter the republican form of government established by it or abolish its bill of rights.*
This article incorporates text from this source, which is in thepublic domain.
