Sec. 2. Findings
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The Congress finds the following: The United States national sovereignty in Puerto Rico was established by the Treaty of Paris between the United States and the Kingdom of Spain (30 Stat. 1754), signed on December 10, 1898. Puerto Rico is governed by the United States under laws enacted by Congress in the exercise of its power to make rules and regulations governing territory belonging to the United States, pursuant to article IV, section 3, clause 2 of the Constitution. For reasons of precedent primarily related to the Philippines also ceded by Spain after the Spanish-American War, substantially the same majority in the United States Supreme Court that established the separate but equal doctrine in Plessy v.
Ferguson determined in the 1901 Downes v. Bidwell decision that Puerto Rico was an unincorporated territory of the United States, a status of possession that continues today. After agreeing to independence for the Philippines, also acquired through the Spanish-American War, on March 2, 1917, Congress granted statutory United States citizenship to the residents of Puerto Rico. Such action has historically led to incorporation and eventual statehood but was denied to Puerto Rico due to anomalies emanating from the 1901 Downes ruling and its progeny, even as fellow Americans in Hawaii and Alaska attained statehood.
Puerto Rico has a territorial constitution that is republican in form and compatible with the United States Constitution as well as the principles of the Declaration of Independence, and that is equivalent to a State constitution, having been democratically ratified by the United States citizens of the territory on November 4, 1952, and subsequently approved by the Congress of the United States through Public Law 82–447 . Thirty-two territories previously have petitioned Congress for statehood based on democratically expressed consent of the governed, and each was duly admitted as a State of the Union pursuant to article IV, section 3, clause 1 of the United States Constitution, with equal rights and responsibilities of national and State citizenship under the United States Constitution.
Puerto Ricans have contributed greatly to the nation and its culture and distinguished themselves in every field of endeavor. However, the denial of equal voting representation and equal treatment by the Federal Government stands in stark contrast to their contributions. Since becoming a United States territory, more than 235,000 American citizens of Puerto Rican heritage have served in the United States military. Thousands of United States military service members of Puerto Rican heritage have received numerous medals, distinctions, and commendations of every degree, including for valorous military service in the twentieth and twenty-first centuries.
Nine United States military service members from Puerto Rico have been awarded the Medal of Honor, and many have been awarded the Distinguished Service Cross or the Navy Cross. The 65th Infantry Regiment in Puerto Rico (known as the Borinqueneers ) was awarded the Congressional Gold Medal ( Public Law 113–120 ) for its contributions and sacrifices in the armed conflicts of the United States, including World War I, World War II, and the Korean War. To further recognize and pay tribute to the bravery of the Puerto Rican soldiers of the 65th Infantry Regiment, Congress expressed support for the designation of April 13 as National Borinqueneers Day in the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ).
Unincorporated territory status means that Federal laws can be applied to Puerto Rico and its American citizens differently, on unequal and, at times inequitable terms, compared not only to the States and their residents, but also unlike territories that are parts of the United States. This has limited the development of Puerto Rico and hindered its economy. Unincorporated territory status has resulted in millions of residents leaving Puerto Rico to secure equal rights of citizenship attainable only in a State, and that enable Americans to seek greater opportunities and a better quality of life in the States.
Approximately 65 percent of all people of Puerto Rican origin now live in the States, with the increasing rate of population loss in the territory creating a severe strain on the local tax base and workforce participation. Other than its unincorporated territory status and its unequal treatment under some Federal laws, Puerto Rico is socially, economically, politically, and legally integrated into the nation. Numerous territories admitted as States did not have as strong a record of self-determination favoring statehood as the majority votes by American citizens in Puerto Rico favoring admission to the Union.
In November 2012, a majority of voters rejected continuation of the current territory status, and 61.2 percent of those expressing a choice on status alternatives chose statehood. In June 2017, a vote was held to confirm the aspirations of the people of Puerto Rico. As advised by the United States Department of Justice, all available status options were included in the ballot. Amid an opposition boycott, statehood received 97 percent of the votes cast, while independence and the current status received less than 3 percent of the vote.
In November 2020, following Alaska and Hawaii precedent, Puerto Rico voters were presented with the question: Should Puerto Rico be admitted immediately into the Union as a State? Yes or No . A clear majority of 52.52 percent voted in the affirmative. In December 2020, the Puerto Rico legislature, following the absolute majority victory obtained by statehood in the plebiscite, approved a Joint Resolution petitioning, on behalf of the People of Puerto Rico, that Congress and the President of the United States admit Puerto Rico into the Union as a State and appointed official representatives to manage the transition to statehood.
No large and populous United States territory inhabited by American citizens that has petitioned for statehood has been denied admission into the Union.
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- 30 Stat. 1754
- Pub. L. 82-447
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Sec. 2
Findings
Stat.30 Stat. 1754
Pub. L.Pub. L. 82-447
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