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←Ejerce tu derecho a decidir el futuro de Puerto Rico vota por
Independencia o Estadidad
- Gracias por votar - esta encuesta no
recolecta ningún dato personal identificable - únicamente se cuenta el
voto por cada opción y su voto es completamente secreto y no hay forma de
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Necesitamos la colaboración y participación de todo buen puertorriqueño
dispuesto a encaminarnos en este nuevo periodo de reestructuración con miras a
prepararnos para un Puerto Rico mejor. Nuestro primer objetivo es
propulsar la celebración inmediata de un plebiscito para que el pueblo de Puerto
Rico decida entre las opciones de independencia o estadidad. Necesitamos tu
colaboración. Toda informacion para publicación en este website deberá de
incluir su nombre y alguna forma de verificación ya sea su dirección o numero de
teléfono. Si usted así lo desea podemos publicar su informacion de manera
confidencial. Todo escrito tiene que evitar referencias partidistas.
Todo escrito que contenga ataques o contra-ataques fanático partidistas serán
censurados y únicamente serán publicados si usted aprueba nuestra censura. Favor de tener siempre presente que el estatus
de estadidad que Puerto Rico 2038
propone no tiene nada que ver con el PNP y que el estatus de independencia
que proponemos no
tiene nada que ver con el PIP. Es sumamente importante
que entendamos que nuestro derecho a la libre determinación no puede ser
contaminado con la inmiscuisión del fanatismo partidista al que nuestro pueblo
ha sido indoctrinado - para que esta decisión sea una clara y de valor tiene que
provenir de un pueblo dispuesto a ejercer ese derecho sin la manipulación de
ideologías partidistas. Muchos se preguntarán! ¿Y como hemos de lograrlo?
Ése es nuestro reto y nuestro norte!
[¡Lo que nuestra gente esta comentando!] [Formulario de Contacto] [Carta a Barack Obama] [Carta de Obama para Puerto Rico] [Texto del reporte sobre estatus de Diciembre 2007 del 'Task Force' del Presidente (en ingles)] [Estrategias a seguir para acelerar la celebración de un plebiscito sobre Independencia o Estadidad]
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Report By The President’s
Task Force On Puerto Rico’s Status december 2007
Table of Contents
I. Members of the Task Force
II. Statement of Guiding Principles
III. Executive Orders
IV. Historical Overview
V. Legal Analysis of Options
VI. Recent Developments
VII. Task Force Recommendations
I. Members of The President’s Task Force on Puerto Rico’s Status
Maggie Grant, Co-Chair
Deputy Assistant to the President for Intergovernmental Affairs
The White House
Steven A. Engel, Co-Chair
Deputy Assistant Attorney General in the Office of Legal Counsel
U.S. Department of Justice
Annabelle Romero
Deputy Assistant Secretary for Civil Rights
U.S. Department of Agriculture
Mary Tinsley Raul
Director of Intergovernmental Affairs
U.S. Department of Commerce
Frank Jimenez
General Counsel of the Navy
U.S. Department of Defense
Margarita P. Pinkos
Director of the Office of English Language Acquisition
U.S. Department of Education
Theresa Speake
Director, of the Office of Economic Impact and Diversity
U.S. Department of Energy
Laura M. Caliguiri
Director of Intergovernmental Affairs
U.S. Department of Health and Human Services
Anne Petera
Assistant Secretary for Intergovernmental Programs
U.S. Department of Homeland Security
Robert M. Couch
General Counsel
U.S. Department of Housing and Urban Development
Douglas W. Domenech
Deputy Chief of Staff
U.S. Department of the Interior
Leon R. Sequeira
Assistant Secretary for Policy
U.S. Department of Labor
Portia Palmer
Director of Intergovernmental Affairs
U.S. Department of State
Kerry O’Hare
Deputy Assistant Secretary for Governmental Affairs
U.S. Department of Transportation
Anna Escobedo Cabral
U.S. Treasurer
U.S. Department of the Treasury
William McLemore
Deputy Assistant Secretary for Intergovernmental Affairs
U.S. Department of Veterans Affairs
II. Statement of Guiding Principles
The mission of the President’s Task Force on Puerto Rico’s Status (“Task Force”)
is to provide options for Puerto Rico’s future status and relationship with the
Government of the United States. The Task Force has approached this mission
without prejudice towards a status option and has developed options that are
compatible with the Constitution and basic laws and policies of the United
States.
The Task Force has developed these options after listening to and considering
the views of individuals, elected officials, and other representatives of the
people of Puerto Rico to ensure that views and positions have been objectively
considered irrespective of affiliation or ideology.
The Task Force published its first report in December 2005. This report builds
on the prior report and carries out the Task Force’s continuing mandate to
report, no less than every two years, on progress made in the determination of
Puerto Rico’s ultimate status.
III. Executive Orders Concerning Puerto Rico’s Status
President George H.W. Bush issued a Memorandum on November 30, 1992, to heads of
Executive Departments and Agencies establishing the current administrative
relationship between the Federal Government and the Commonwealth of Puerto Rico.
This memorandum directs all Federal departments, agencies, and officials to
treat Puerto Rico administratively as if it were a State insofar as doing so
would not disrupt Federal programs or operations. President Bush’s memorandum
remains in effect until Federal legislation is enacted to alter the status of
Puerto Rico in accordance with the freely expressed wishes of the people of
Puerto Rico. (See Appendix A.)
On December 23, 2000, President William J. Clinton signed Executive Order 13183,
which established the President’s Task Force on Puerto Rico’s Status and the
rules for its membership. This Executive Order outlines the policy and functions
of the Task Force in identifying the options for Puerto Rico’s future status and
the process for realizing an option. (See Appendix B.)
On April 30, 2001, President George W. Bush amended Executive Order 13183,
extending the deadline for the Task Force to forward a report to the President
until August 2001. (See Appendix C.)
President Bush signed an additional amendment to Executive Order 13183 on
December 3, 2003, which established the Task Force co-chairs and instructed the
Task Force to issue reports as needed, but no less than once every two years. (See
Appendix D.)
IV. Historical Overview
The Commonwealth of Puerto Rico has a rich tradition and history. As United
States citizens, the people of Puerto Rico have enhanced American society and
culture. Among their many contributions, Puerto Ricans have been recognized for
their service and sacrifice in the United States Armed Forces.
The 2005 Task Force Report described in detail the modern history of Puerto Rico
and its relationship with the United States, and we summarize that history here.
The relationship between the United States and Puerto Rico dates to 1898, when
the island was ceded to the United States by Spain, pursuant to the Treaty of
Paris, which formally ended the Spanish-American War. The United States governed
the island through a U.S. military governor until 1900, when Congress passed the
Foraker Act, which established a civilian government, including a non-voting
Resident Commissioner in Congress. In 1917, Congress established the island as
an “organized but unincorporated” territory and granted U.S. citizenship to the
people of Puerto Rico.
In 1952, Congress passed Public Law 600, the Puerto Rican Federal Relations Act,
which provided the people of Puerto Rico with self-government with respect to
internal affairs and administration. Public Law 600 gave Puerto Rico the right
to establish a government and a constitution for the internal administration of
Puerto Rico “on matters of purely local concern.” The people of Puerto Rico
approved the Act and then approved a new constitution by referendum, which would
establish the “Commonwealth of Puerto Rico.” Congress then approved that
constitution in 1952, subject to several conditions that Puerto Rico fulfilled
through amendments in 1953.
Since the adoption of the commonwealth system, Puerto Rico has held four
plebiscites to ascertain the views of its people as to the status question. In
1967, a majority chose to continue the existing commonwealth status, and, in
1991, a majority similarly rejected a call to review that status. In 1993, a
plurality of 48.6% voted for the commonwealth status, while 46.3% favored
statehood and 4.4% independence.
The people of Puerto Rico most recently voted on their status in 1998, through a
plebiscite resenting them with four status options: territorial commonwealth,
free association, statehood, or independence. The leadership for the Popular
Democratic Party, while backing continued commonwealth status, campaigned in
favor of “none of the above” because of disagreement with the “territorial”
definition of the commonwealth option. In the subsequent vote, a majority
(50.3%) voted for “none of the above.” In addition, 46.5% voted for statehood,
2.54% voted for independence, 0.29% voted for free association, and 0.06% voted
for a territorial commonwealth.
V. Legal Analysis of Options for Puerto Rico’s Status
The 2005 Task Force Report explained that the U.S. Constitution allows for three
options for the future status of Puerto Rico: continuing territorial status,
statehood, and independence. In so doing, the Task Force did not break new
ground. The Department of Justice affirmed the Commonwealth’s territorial status
in 1959, shortly after the enactment of Public Law 600, and the Supreme Court
has held the same. See, e.g., Harris v. Rosario, 446 U.S. 651 (1980). Since
1991, the Executive Branch, through the Department of Justice, has further
emphasized that the Constitution contemplates only three options for Puerto
Rico’s future status. (See Appendices E and F.)
This section reiterates and summarizes the conclusions of the 2005 Task Force
Report.
1. Continuing Territorial Status
The existing form of government in Puerto Rico is often described as a
“Commonwealth,” and this term recognizes the significant powers of
self-government Puerto Rico enjoys under current law. As discussed above,
Congress established this arrangement through the passage of Public Law 600 and
through the subsequent approval of the constitution drafted and amended by the
people of Puerto Rico. The constitution of Puerto Rico establishes a republican,
popularly elected government with significant authority over local affairs, and
since 1953, the people of Puerto Rico have exercised significant powers of
self-government. As the Supreme Court has recognized, under the commonwealth
system, Puerto Rico currently exercises “a measure of autonomy comparable to
that possessed by the States.” Examining Bd. v. Flores de Otero, 426 U.S. 572,
597 (1976).
When “Commonwealth” is used to describe the substantial political autonomy
enjoyed by Puerto Rico, the term appropriately captures Puerto Rico’s special
relationship with the United States. The commonwealth system does not, however,
describe a legal status different from Puerto Rico’s constitutional status as a
“territory” subject to Congress’s plenary authority under the Territory Clause
“to dispose of and make all needful Rules and Regulations respecting the
Territory … belonging to the United States.” Congress may continue the current
commonwealth system indefinitely, but it necessarily retains the constitutional
authority to revise or revoke the powers of self-government currently exercised
by the government of Puerto Rico. Thus, while the commonwealth of Puerto Rico
enjoys significant political autonomy, it is important to recognize that, as
long as Puerto Rico remains a territory, its system is subject to revision by
Congress.
Both before and since the issuance of the 2005 Task Force Report, some have
questioned whether Puerto Rico’s status as a United States territory is
consistent with statements that the United States made to the United Nations in
1953 following the adoption of Puerto Rico’s constitution, in requesting that
Puerto Rico be removed from the list of non-self-governing territories. In its
official request to the United Nations, the United States stated that Congress
had given Puerto Rico the freedom to conduct its own internal government subject
only to compliance with federal law and the U.S. Constitution. The official
request did not state that Congress could make no changes in Puerto Rico’s
status without its consent. It is true that, prior to the submission of this
official request, the U.S. representative to the U.N. General Assembly indicated
orally that common consent would be needed to make changes in the relationship
between Puerto Rico and the United States. Notwithstanding this statement,
however, the Department of Justice concluded in 1959 that Puerto Rico remained a
territory, and as noted above, the Supreme Court, while recognizing that Puerto
Rico exercises substantial political autonomy under the current commonwealth
system, has held that Puerto Rico remains fully subject to congressional
authority under the Territory Clause. See Harris, 446 U.S. at 651-52.
The 2005 Task Force Report also explained why existing constitutional principles
foreclose the so-called “New Commonwealth” status, which would purport to adopt
a covenant between Puerto Rico and the United States that could not be altered
without the “mutual consent” of both entities. Although the Executive Branch had
once taken a different view, the Task Force endorsed the constitutional
understanding that the Executive Branch has maintained across Administrations
since 1991.
The U.S. Constitution would not permit the “New Commonwealth” proposal because
land under United States sovereignty must either be a State or a territory. As
the Supreme Court stated over a hundred years ago, if land is “not included in
any State,” it “must necessarily be governed by or under the authority of
Congress.” First Nat. Bank v. Yankton County, 101 U.S. 129, 133 (1879). Thus,
although Congress is free to allow a territory to exercise powers of
self-government (as Congress has done with respect to Puerto Rico), it may not
restrict the authority of a future Congress over that territory. This limitation
on the power of Congress reflects the general rule that one legislature cannot
bind a subsequent one. Each Congress may repeal or amend laws that a previous
Congress enacted, and Congress may pass laws inconsistent with treaties. By the
same token, a future Congress must have the power to disavow commitments
contained in a covenant between the Federal Government and one of its
territories, regardless of the terms of that covenant.
Accordingly, the “New Commonwealth” proposal that some have proposed
contemplates a political status for Puerto Rico that is not permitted by the
United States Constitution. As long as Puerto Rico remains a territory of the
United States, Congress may not impair the constitutional authority of later
Congresses to alter the political powers of the government of Puerto Rico by
entering into a covenant or compact with Puerto Rico or its residents.
2. Statehood
A second option for the future status of Puerto Rico is statehood. If admitted
as a State, Puerto Rico would stand on equal footing with the existing States in
all respects.
At present, Puerto Rico is an “unincorporated” territory, subject only to the
most fundamental provisions of the Constitution. One notable consequence of this
status is that the Constitution’s Tax Uniformity Clause is not applicable to
Puerto Rico, allowing Congress to exempt the Puerto Rican people from most
federal income tax laws and to provide them with other tax preferences not
provided to residents of the States. These tax preferences would become
impermissible under the Constitution if Puerto Rico were “incorporated” into the
country as part of the process of being admitted as a State.
Statehood would, of course, confer upon Puerto Rico and its citizens certain
political rights they do not currently possess. Puerto Rican citizens would be
entitled to vote for President, and, as a State, Puerto Rico would elect two
U.S. Senators and full voting Members in the U.S. House of Representatives. The
number of Members in the House would be determined based on Puerto Rico’s
population at the next congressional reapportionment, following the 2010 census.
In the interim, Congress could temporarily increase membership of the House to
allow Puerto Rico to elect one or more Members.
3. Independence
Another option for the future status of Puerto Rico is independence from the
United States. Congress’s power under the Constitution’s Territory Clause
includes the power to relinquish its sovereignty over a territory. See U.S.
Const., Art. IV, Cl. 2. Congress thus may determine whether and under what
conditions a territory may receive independence and may regulate those
conditions until the point of independence.
Independence would have significant legal consequences for Puerto Rico. As an
independent nation, Puerto Rico would not be subject to the authority of the
United States and would be free to direct its own relations with foreign
nations. By the same token, Puerto Rico would not automatically be entitled to
receive monetary support or military protection from the United States.
Additionally, independence from the United States could affect the citizenship
of Puerto Rico’s residents. Individuals born in Puerto Rico are citizens of the
United States by statute, 8 U.S.C. § 1402. The general rule is that citizenship
follows sovereignty. So if Puerto Rico were to become an independent nation,
Puerto Rico’s residents could become citizens of the newly independent nation
and cease to be citizens of the United States, unless a different rule were
prescribed by legislation or treaty.
There are a variety of different paths that Puerto Rico could take to
independence. For example, the Territory of the Philippines received its
independence by the Philippine Independence Act of 1934. The Act authorized the
Philippine government to draft a constitution for an interim Commonwealth, which
upon approval by the people of the Philippines and the U.S. President initiated
an interim Commonwealth. The Act provided that, after a transition period of ten
years, the President, by proclamation, would withdraw and surrender United
States jurisdiction and sovereignty and “recognize the independence of the
Philippines as a separate and self-governing nation.” In 1946, President Harry S
Truman did proclaim independence, and the two nations entered into a Treaty of
General Relations.
Another possible model of independence is that of the “freely associated states”
of Micronesia, the Marshall Islands, and Palau. These states, which the United
States had administered since World War II, became independent after Congress
approved negotiated “compacts of free association” with the territories. The
freely associated states retained close ties to the United States, however, and
the United States continues to provide security, defense, and various other
types of financial assistance and services. Citizens of the freely associated
states may generally enter the United States as non-immigrants and may establish
residence and work here.
Among the constitutionally available options, freely associated status may come
closest to providing for the relationship that advocates for “New Commonwealth”
appear to desire. But it would need to be made clear to the people of Puerto
Rico that freely associated status is a form of independence from the United
States and cannot be made immune from the possibility of unilateral termination
by the United States.
VI. Recent Developments
Section 4 of Executive Order 13183 (as amended by Executive Order 13319) directs
the Task Force to “report on its actions to the President … on progress made in
the determination of Puerto Rico’s ultimate status.” Following the issuance of
the 2005 Task Force Report, the former co-chair of the Task Force, Deputy
Assistant Attorney General C. Kevin Marshall, testified before the House
Committee on Natural Resources, its Subcommittee on Insular Affairs, and the
Senate Committee on Energy and Natural
Resources on the Task Force Report and proposed legislation. (See Appendix G.)
Since the issuance of the 2005 Report, Members of Congress have proposed several
measures to address the future status of Puerto Rico. Each of these proposals
seeks to allow the Puerto Rican people to express their will regarding the
future status of the island, although they would do so in different ways.
These proposals fall into three general categories:
• The first category of legislation would seek to ascertain the views of the
Puerto Rican people through a plebiscite. Some of the proposed bills would
sanction a plebiscite similar to the one recommended in the 2005 Task Force
Report. Those bills include S. 2661 (sponsored by Senator Martinez) and H.R.
4687 (co-sponsored by Representatives Fortuño and Serrano), both of which were
introduced in the 109th Congress. Other bills, such as S. 1936 (sponsored by
Senator Salazar), would authorize a single plebiscite in which the Puerto Rican
people would choose among four status options (continuing the current status,
statehood, independence, and independence as a freely associated state).
• The second category, represented in H.R. 1230 (sponsored by Representative
Velázquez), would support the convening of a constitutional convention in Puerto
Rico, the purpose of which would be to
develop a proposal for the future status of the island to be voted upon by the
Puerto Rican people.
• A third category would combine elements of the first two categories. An
example of such legislation is H.R. 900 (sponsored by Representative Serrano),
which was passed by the House Natural Resources
Committee on October 27, 2007. As amended, H.R. 900 would direct Puerto Rico to
hold a plebiscite by December 31, 2009, in which voters would be asked to decide
whether Puerto Rico should “consider a constitutionally viable permanent
non-territorial status” or “continue to have its present form of territorial
status and relationship with the United States.” If voters favor the first
option, the bill would recognize the right of the people of Puerto Rico either
to conduct an additional plebiscite “to consider a self-determination option
with the results presented to Congress” or to call a constitutional
convention for the purpose of proposing a “self-determination option” to the
Puerto Rican people.
VII. Task Force Recommendations
As detailed earlier and in the 2005 Report, the Task Force concludes that there
are only three options available under the U.S. Constitution for the future
status of Puerto Rico:
• Continue as a territory. The current status of Puerto Rico as a commonwealth
may continue indefinitely but remains subject to future modification by
Congress.
• Statehood. Under this option, Puerto Rico would become the 51st State with
standing equal to the other 50 States.
• Independence. Under this option, Puerto Rico would become a sovereign nation,
independent from the United States.
The democratic will of the Puerto Rican people is paramount for determining the
future status of the territory. To this end, the 2005 Task Force Report
recommended a two-stage plebiscite to determine whether the Puerto Rican people
wish to retain the status quo, and if not, which of the two available options
they prefer. The Task Force concluded that such a process would be the best way
to ascertain the popular will in a way that provides clear guidance for future
action by Congress.
The Task Force acknowledges the pending legislative measures that would provide
similar or alternative procedures through which the people of Puerto Rico might
express their will regarding the
future status of the island. The Task Force continues to believe that the
two-stage plebiscite would provide clearer guidance for Congress than other
procedures in which it is possible that none of the available options would win
a majority of votes. At the same time, there are other ways to proceed, and the
Task Force’s recommendations do not preclude alternative action by Puerto Rico
itself to express its views to Congress.
The following are the recommendations of the Task Force:
1. The Task Force reiterates its prior recommendation that Congress provide for
a Federally sanctioned plebiscite as soon as practicable in which the people of
Puerto Rico will be asked to state whether they wish to maintain the current
territorial status or to pursue a constitutionally viable
path toward a permanent non-territorial status. Congress should provide for this
plebiscite to occur on a date certain.
2. The Task Force reiterates its prior recommendation that if the people of
Puerto Rico elect to pursue a permanent non-territorial status, Congress should
provide for an additional plebiscite to
allow the people of Puerto Rico to choose between one of the permanent
non-territorial options permitted by the Constitution: statehood or
independence. Once the Task Force Recommendations people of Puerto Rico have
selected one of the two options, we would encourage Congress to begin a process
of transition consistent with that option.
3. If the people elect to maintain Puerto Rico’s current status, the Task Force
recommends, consistent with the 1992 memorandum of President George H.W. Bush,
that a plebiscite occur periodically as long as that status continues, to keep
Congress informed of the people’s wishes.
ENDI El Nuevo Dia, periodico,
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