Posted on 08/01/2005 10:06:00 AM PDT by cll
Though most Hispanic Americans are unaware of it, let alone the population at large, we still have on the books our own Dred Scott, Plessy and Korematsu.
I am referring to the Insular Cases, a series of cases decided by the Supreme Court between 1901 and 1922. Collectively they held that the inhabitants of the then newly unincorporated territories acquired after the 1898 Spanish-American War - the last remaining and most populous of which is Puerto Rico - do not enjoy all the rights otherwise afforded to people in the states under our Constitution. Dred Scott, holding African-Americans were not full citizens, in many ways precipitated the Civil War. Plessy upheld the doctrine of ``separate but equal.'' And, in Korematsu, the court upheld the forcible internment of Japanese-Americans during World War II. But while those awful precedents have since been overturned, the Insular Cases still affect the lives of our citizens in the territories.
In justifying the court's refusal to extend all constitutional protections to the peoples of the territories, Justice Henry Brown wrote that the newly acquired territories ``are inhabited by alien races, differing from us in religion, customs, laws . . . and modes of thought, such that the administration of government and justice, according to Anglo-Saxon principles, may for a time be impossible.'' That time for Puerto Rico's 4 million citizens has lasted 106 years.
One surely wonders how much longer the court thinks it should take to extend the full blessings and protections of our Constitution to the people of that island.
Justice John Harlan understood well the implications of the court's holding, stating in dissent, with his usual eloquence: ``The idea that this country may acquire territories anywhere upon the earth, by conquest or treaty, and hold them as mere colonies or provinces the people inhabiting them to enjoy only such rights as Congress chooses to accord to them - is wholly inconsistent with the spirit and genius as well as with the words of the Constitution.'' People in Puerto Rico have remained, as the court's dissenters anticipated they would, in an ``intermediate state of ambiguous existence for an indefinite period,'' and - without any doubt - second-class citizens with no right to vote in presidential elections, with no voting representation in Congress and with no right to equal treatment in federal programs.
Such is the absurdity of the present situation that citizens residing abroad have, in many respects, more rights on foreign soil than those citizens would have within U.S. territory. For example, if a citizen moved to North Korea, he could still cast an absentee ballot for president in his former state of residence. Not, however, if he moved to Puerto Rico. Similarly, citizens living in Puerto Rico have only the right to receive a fraction of the Social Security benefits that mainland citizens or mainland citizens who have retired abroad enjoy, though all pay the same in taxes.
While senators are sure to attempt to determine Judge John G. Roberts' views on the most contentious issues of our time, they would do well to also inquire into the nominee's view on the continued validity of the Insular Cases. Determining his view on that issue will not only shed light on the impact of a Justice Roberts on millions of our fellow citizens who, by accident of birth or choice, happen to live in territories, but would have the benefit of disclosing his view on the extraterritorial application of the Constitution, an issue with particular relevance now that we detain prisoners in places such as Guantnamo Bay, Cuba.
With Hispanics now the largest minority in the country, and the possible nomination of the first Hispanic-American justice later, it might be time to have the court reconsider the Insular Cases.
With luck, we may not have to wait much longer if a Justice Roberts lives up to Justice Harlan's standards and, by leading the court to overturn these unfortunate precedents, affirms that great justice's views that the ``Constitution neither knows nor tolerates classes among citizens.'' Those words still hold special resonance in the territories.
Orlando Vidal is an attorney with Sullivan & Worcester.
err, wrong, fellow-freeper. Citizens they are, even as they remain a commonwealth and not a state. Time to hit the books again...
I must have missed the part of your post where you listed the stable, long-existing Latin American democracies with a solid tradition of freedom and rule of law. Would it be unfairly stereotypic of me to offer to list Latin America's wars, dictatorships, and coups?
Independence, then statehood by free choice and petition is the best formula for Puerto Rico. That is how Texas was admitted, and surely Puerto Ricans ought to appreciate the opportunity to have valid cause for the same swagger as Texans.
What I mean is that it is not fair to bundle Puerto Rico with Latin America. Even here Latin America sounds foreign.
An example of a solid democracy in Latin America would be Costa Rica.
"I'm curious about your comment that the current territorial status favors the elite more than the average folks; that may be true but I would be curious to know some examples"
1. Education - In the feudal tradition of keeping the populace down, public schools here are substandard at best. Over 90% of the Education Department's budget goes to payroll. To get a real education kids need to go to private Catholic, Christian or secular schools and that costs a lot of money. And this are not even preppy private schools as in the mainland. Most are bare bones operations. My construction industry father and shipping industry mother worked very hard to get me and my siblings through private Catholic school.
2. Economic Development - Access to resources, like construction and operating permits, is limited to the few and well connected. Sure, Joe Blow can set up shop in Puerto Rico, but you would need an army of lawyers and consultants to fight the red tape, if you're not willing to do it yourself. This scam is centered on the pro-status quo Popular Democratic Party (PPD). Where once it was the party of "social justice", it is now the party of the profiteers. This is why we have such a large, thriving and parallel underground economy. Buchaneers, if you will.
3. Justice - The justice system in Puerto Rico is controlled by the colonialist Popular Democratic Party and its hacks. Even the "Federales" (DoJ/FBI) are infiltrated by this scum. Both the local and federal justice systems have been used, and continue to be used, as a tool of terror for opponents of the status quo.
That's just three samples.
Vieques - I've posted many times here about the fiasco that was this affair. I will dare say that it has also left most locals with your sour feelings. But all the blame cannot be laid on Puerto Ricans. Who was the Attorney General that refused to uphold the law and remove the global leftists from the range before it got out of hand? Janet Reno. Who was the Commander in Chief that tied the Navy's hands on the affair? Bill Clinton. Why did the U.S. Senate scuttle the Puerto Rico Status Bill, forcing our then Democrat governor to use Vieques as his wild card? If it is of any consolation the feds have not given up on Roosevelt Roads NAS. It is now being transformed to support the Air Force and the Army. Camp Garcia and the Vieques range are now in the hands of the US Fish & Wildlife Service.
"I do not see a principled basis for objection to my formula of independence"
Less than 3% of eligible voters support the Puerto Rico Independence Party. Consistently.
I appreciate that you can argue a polar opposite to my beliefs without resorting to insults, as some people here do.
The way I see the Vieques fiasco is that there are more living veterans on the island than people who protested the Navy. Ever. With a Democrat president and a Democrat governor the Navy didn't have much of a chance.
Your proposal about "making us swim in the deep end of the pool" of independence before going back to statehood is being taken seriously even by some statehooders.
My position on that is that forced, unilateral independence will result in a civil war, both on the island and on the mainland.
"Of course, that does not mean that I cannot remain angry about the Puerto Rican attitude toward Vieques"
Yet, when the Navy proposed to move the range to South Padre Island and the Texans refused and protested, that was quite alright. But we're Puerto Ricans without political power so we're easy to kick around.
Veterans and others staged numerous counter-protests that most times outnumbered anti-Navy protestors. Of course, that wasn't covered in the MSM so you didn't get that information. Admiral Kevin Green consistently got standing ovations when he spoke at the Rotary Club, at 4th of July activities, at the Army ball, and wherever he could muster an audience. But you did not get any of that information. We fought to keep the Navy here, even if by tradition Puerto Ricans are mostly Army-leaning.
Yet Bubba wouldn't have any of it. He wanted Hillary in the Senate and she needed the so-called Puerto Rican vote in New York. It's because of such idiocy that there's a schism between "Newyoricans" and "Puerto Ricans".
You and others focus on the Navy losing a weapons range in Puerto Rico. When it happens in Hawaii there's not a peep from ya'll. When hordes of mainland and global leftists descended upon Vieques to get some face time on TV, far outnumbering actual Vieques residents, you keep blaming Puerto Ricans, as we're easy to kick around.
So you see, we're powerless and that's the source of our frustrations and social ills. That's why I fight.
But thank you for your interest on the subject.
On forced independence and civil war, we have an infantry brigade, three field artillery battalions, close to 200,000 veterans, of which nearly half are in their 50's or younger (Vietnam and post Vietnam), and at least 3 million full blooded Americans that will not stand for it. There are four million Puerto Ricans on the mainland most of whom will not lose their ties with their roots. You figure it out.
What was that line about the tree of freedom needing the blood of patriots and tyrants from time to time?
"Harlan was also the lone dissenter in Plessy v. Ferguson.
Truly one of the greatest Supreme Court justices."
Only if you prefer "activist" judges. You must love Souter,Kennedy et. al.
Sorry but the rest voted according to the CONSTITUTION.
To right the wrong of this sacred document,one must AMEND it as proscribed in the manner the Founders created.
"Yet, when the Navy proposed to move the range to South Padre Island and the Texans refused and protested, that was quite alright. But we're Puerto Ricans without political power so we're easy to kick around. "
Get off your high horsr fellow. Have you or your family had your land taken from you? Well my family had not one but TWO farms taken away by this Federal government for Army bases(Ft Campbell, circa 1940)
Quit whining about getting "kicked around" and start acting like "patriots"
Interesting. But at least you and your family have Congressmen that are supposed to represent and protect your interests and you also have the power of Electors to kick Presidents in and out of office. We have nothing, zip, zero, nada.
I'll read up more about land takeovers in the mainland for military purposes. I agree that our leftists grievance with the Navy was petty. In fact, Vieques residents are worse off now than when the Navy was there. They can thank Hillary for that. (I live on the main island).
"start acting like "patriots"
Here's a sample: http://www.freerepublic.com/focus/f-news/1411806/posts
If you're ever on Caribbean cruise and make a call on San Juan harbor, walk one block north of the cruise ship docks, and on the south side of the "state" capitol you'll find a granite wall with the names of thousands of other KIA patriots, from WWI through OEF/OIF. KIA wearing a U.S. uniform.
Puerto Rican is not a race. Sorry if it sounded like race baiting. I say we're easy to kick around because as a group, defined by geographical location, not race, we have no political power at the national level and that we are governed without our consent. Since we have no political power and there exists not a political process to settle this issue, what can we do but raise our voices in this and every forum that will listen?
According to the Insular Cases, which is nothing but legislation from the bench, Puerto Rico falls under the territorial clause of the Constitution, which means it is up to Congress to legislate a vote with clear choices. The so-called locally produced plesbiscites we've had over the years mean nothing but a show of force by the several political parties prior to a general election.
I urge all Freepers in the "upper" 48 and the other two to press your Congressmen to settle this issue with the territories once and for all.
It will be good for your tax money and it will be good for the islanders as well.
Again, thank you for your interest on the subject.
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