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Dred Scott, Plessy & Korematsu Still Live
The Boston Herald | July 30, 2005 | Orlando Vidal

Posted on 08/01/2005 10:06:00 AM PDT by cll

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Revision of the Insular Cases is long overdue.
1 posted on 08/01/2005 10:06:04 AM PDT by cll
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To: cll

The people of Puerto Rico vote, time and time again, to maintain their territorial commonwealth status rather than opt for independence or statehood, do they not?


2 posted on 08/01/2005 10:12:41 AM PDT by Chi-townChief
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To: Chi-townChief
Yes, they choose not to be citizens so therefor they should not get the rights as citizens.
Non-citizens should not get the same rights as citizens anywhere in the U.S. OR her territories.
3 posted on 08/01/2005 10:19:10 AM PDT by Havok
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To: Chi-townChief

No. See http://wwwcefus.net

And this is not about the political status of the islands. It is about civil rights for U.S. Citizens.


4 posted on 08/01/2005 10:20:32 AM PDT by cll
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To: Havok

The people of Puerto Rico are citizens of the United States.


5 posted on 08/01/2005 10:22:19 AM PDT by JusticeForAll76
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To: Havok

"We, the people of Puerto Rico, in order to organize ourselves politically on a fully democratic basis, to promote the general welfare, and to secure for ourselves and our posterity the complete enjoyment of human rights, placing our trust in Almighty God, do ordain and establish this Constitution for the commonwealth which, in the exercise of our natural rights, we now create within our union with the United States of America.

In so doing, we declare:

The democratic system is fundamental to the life of the Puerto Rican community

We understand that the democratic system of government is one in which the will of the people is the source of public power, the political order is subordinate to the rights of man, and the free participation of the citizen in collective decisions is assured

We consider as determining factors in our life our citizenship of the United States of America and our aspiration continually to enrich our democratic heritage in the individual and collective enjoyment of its rights and privileges; our loyalty to the principles of the Federal Constitution; the co-existence in Puerto Rico of the two great cultures of the American Hemisphere; our fervor for education; our faith in justice; our devotion to the courageous, industrious, and peaceful way of life; our fidelity to individual human values above and beyond social position, racial differences, and economic interests; and our hope for a better world based on these principles" - Preamble, Puerto Rico Constitution, July 25, 1952


6 posted on 08/01/2005 10:30:18 AM PDT by cll
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To: Havok

No, they choose not to become a STATE, they are, however citizens of the US. Alot of them go into the military, where they serve with honor.


7 posted on 08/01/2005 10:30:46 AM PDT by Paradox (I just neutered my cat, now he's a Liberal.)
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To: cll

Nobody's forcing them to live in Puerto Rico. They want the full rights of citizens, they need to move or vote to approve statehood for PR. If they choose to remain in a territory, they have to live with the conditions inherent in that residence.


8 posted on 08/01/2005 10:48:20 AM PDT by Little Pig (Is it time for "Cowboys and Muslims" yet?)
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To: cll

Harlan was also the lone dissenter in Plessy v. Ferguson.

Truly one of the greatest Supreme Court justices.


9 posted on 08/01/2005 10:52:16 AM PDT by BaBaStooey (Ethiopia: The New Happiest Place on Earth.)
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To: cll

Even among Puerto Ricans, there is much dispute over the island's status. One acquaintance of mine shook her head at the very idea of making her native island either a state or a country: "Oh, no, it would all go wrong very quickly because the corruption would get even worse and there would be a civil war." My friend was alarmist perhaps in the certainty of her fears, but she is no fool.

Even by generous definitions, genuine, fully functioning democracy and rule of law are rare in Latin American history and culture. My preference is to give Puerto Rico independence and then let them petition for statehood after a minimum of ten years. I do not relish the idea of a civil war in an American state, with resonant strife among Puerto Ricans in the US.


10 posted on 08/01/2005 10:58:42 AM PDT by Rockingham
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To: cll

Here we go again... Buen suerte, amigo :)


11 posted on 08/01/2005 11:10:36 AM PDT by cloud8
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To: cll

I like Puerto Rico, but this is another case of trying to get a judge to deliver what the voters will not deliver.

They could have statehood tomorrow if they voted to have it. Their preference is to remain a territory, and merely renegotiate the terms of their territorial status. I don't think a judge should over-rule that desire.

Full statehood, or independence, should be a decision democratically taken after a full debate and internal conversation among the Puerto Ricans themselves. It should not be dictated by a judge.


12 posted on 08/01/2005 11:45:05 AM PDT by marron
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To: cll
To say Puerto Rican's are injured in the same way Blacks were injured by Dred Scott is moronic. They are not non-citizens because of "race" (Peurto Rican is not even a race), they are not citizens because they are not citizens. They can, if they choose, become US Citizens just like any other immigrant to the US. OR, they could choose statehood...which they don't.
13 posted on 08/01/2005 11:46:37 AM PDT by Dead Dog
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To: Dead Dog

My mistake, didn't know Puerto Rican's had full citizenship. Still, the question is statehood. If they want a vote at the Federal Level, then choose statehood. If they want to be independant, then revoke citizenship and move on.

Dred Scott essentially ruled Blacks were not human and therefor were not afforded natural rights (via Citizenship). Pretty nasty, and a long way from the rights of territories.


14 posted on 08/01/2005 11:59:55 AM PDT by Dead Dog
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To: Dead Dog; cll
They can, if they choose, become US Citizens just like any other immigrant to the US.

Puerto Ricans are full citizens of the US. They do not need a visa to visit the mainland and you don't need one to visit the island or to live there, it is US territory.

The terms of their territorial status mean that they are under US federal law, and all of the US federal institutions are present on the island. The question is, since they are US citizens, shouldn't they have full statehood rights...

But so far the preference of people living on the island is to preserve the status quo. There is almost no support for independence, there is a fairly strong movement for statehood, but so far the majority prefer to renegotiate the terms of the territorial agreement but remain a territory. The rough political split is between the island's equivalent of the Republican Party, for statehood, and the island Democrat equivalent, for territorial status. Thats not exactly fair, but its roughly correct I believe.

Pro-statehood voters are almost equal to pro-status-quo, but not quite able to beat them in an election on that issue.

15 posted on 08/01/2005 12:09:21 PM PDT by marron
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To: cll

Isn't anyone going to comment on how overheated, vile and disgusting the headline is? Dred Scott protected slavery, for crying out loud! I don't see any Puerto Ricans being bound in leg irons, picking cotton in the hot sun for 18 hours, while a slavemaster mercilessly lashes their backs with a bull whip.

Give me a frickin' break, people! Talk about hyperbole.

Puerto Ricans are citizens and do, in fact, receive ALL civil rights afforded to citizens. They absolutely can, and do, vote for federal office when they reside in a state. Many Puerto Ricans establish dual residencies, in fact, so they can live tax-free in Puerto Rico, and vote in New York.

While Puerto Ricans can and do vote, the COMMONWEALTH of Puerto Rico does not get represented in the U.S. Congress. That is the will of the people of Puerto Rico, who have voted not to become a state on several occasions.

The Boston globe simply wants 7 more Democratic representatives and two more Democratic senators, and so they are trying to frame the issue in an insulting and degrading way so as to make Puerto Ricans feel victimized. The Insular Cases were overturned by federal action in the 1950s, when they were given full rights.


16 posted on 08/01/2005 12:10:21 PM PDT by dangus
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To: cll

"And this is not about the political status of the islands. It is about civil rights for U.S. Citizens."

So, what do the Peurto Rican people want.

I read some articles on the site you linked to (after fixing the typo).

They appeared to be of the opinion that the only real option was for Peurto Rico to become an independent nation with ties to the US. They did mention that there were other options but dismissed them as unrealistic.

That's one opinion, and it seems well though out.

However, it's clearly not the only opinion.

The Peurto Rican government got around to asking Congress and the President to express commitment to resolving the issue.

Well, that says a lot of nothing.

Do they want statehood, which provides many benefits, but requires a sacrifice of independence and uniqueness? It would also require paying federal income taxes.

Do they want to ask for even more independence?

Do they want to become a new, special kind of state with more freedom for self government and more ability to maintain their distinct culture?

Personally I think all our States should take back the power stolen from them by the Federal government that is not granted to the federal government by the Constitution.

I think that Peurto Ricans should be given the full rights and responsibilities that any other citizens have, however it needs to be something they want or it won't work very well.


17 posted on 08/01/2005 12:20:42 PM PDT by untrained skeptic
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To: marron

Thanks, I caught my error after I posted.

I think they would make one hell of a state, and I hope they do gain statehood. They would be my next vacation spot if they do.


18 posted on 08/01/2005 12:30:14 PM PDT by Dead Dog
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To: Dead Dog

"They would be my next vacation spot if they do"

Puerto Rico is already a great place to vacation. FreepMail me if you want more info.


19 posted on 08/01/2005 12:46:45 PM PDT by cll
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To: cll

I was just checking PR out on the web. It'll be a while before I get the chance however.

You do have a beautiful country/territory. I'd be proud to have it part of the Union as a state.


20 posted on 08/01/2005 1:19:33 PM PDT by Dead Dog
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