Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Is Puerto Rico on a Path to Incorporation?
Caribbean Business ^ | 2/13/2017 | Eva Llorens

Posted on 02/14/2017 9:02:58 AM PST by cll

Although Puerto Rico is on its way to holding a status plebiscite over the summer and the governing New Progressive Party has petitioned Congress for Puerto Rico’s admission as a state, some argue the island will have a higher chance of becoming a state if U.S. lawmakers were to declare Puerto Rico an incorporated territory en route to statehood.

Right now, the dominant argument among all sectors is that Puerto Rico is an unincorporated territory, but pro-statehood lawyer Gregorio Igartúa, who has taken several cases to the courts that seek to grant more rights to Puerto Ricans living in Puerto Rico, presented arguments in favor of incorporating Puerto Rico.

~ snip ~

...Igartúa said the Task Force erred in its assessment that Puerto Rico is an unincorporated territory, arguing that the legal relationship Puerto Rico has with the U.S. is that of a “de facto” incorporated territory in transit to statehood. Moreover, Puerto Rico has a federalist relation with the U.S. as the 50 states do since the island’s constitution was adopted in 1952, he said. According to Igartúa, the Task Force has ignored numerous federal statutes and actions as well as other judicial rulings that already treat Puerto Rico as a state despite court rulings to the contrary.

“The degree of incorporation of Puerto Rico to be like a state can be considered by implication [to be so] strong as to exclude any other view than that it is an incorporated territory of the United States,” he said in a letter to the Task Force.

When the U.S. took over Puerto Rico in 1898, through the Treaty of Paris, the island had been an overseas province of Spain for more than 400 years..Igartúa said within that legal source of authority, Congress began a gradual process of incorporation,

(Excerpt) Read more at caribbeanbusiness.com ...


TOPICS: Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: americansamoa; guam; incorporated; incorporation; insularcases; northernmarianas; puertorico; territory; unincorporated; virginislands
Navigation: use the links below to view more comments.
first 1-2021-33 next last
Judicial activists in the U.S. Supreme Court in the early 20th century invented the term "unincorporated territories" out of thin air, and that is the political purgatory to which four million American citizens have been condemned, with no clear path to resolution. Except as noted here by Mr. Igartua.

If you are not very familiar with the issues involved - meaning, if your knee-jerk reaction to the prospect of statehood for the territories is "Are you crazy?! Four million new Democrats?! Get rid of them!" - then you really need to read the entire article.

1 posted on 02/14/2017 9:02:58 AM PST by cll
[ Post Reply | Private Reply | View Replies]

To: rrstar96; AuH2ORepublican; livius; adorno; wtc911; Willie Green; CGVet58; Clemenza; Narcoleptic; ...
Puerto Rico Ping! Please Freepmail me if you want on or off the list.


2 posted on 02/14/2017 9:03:53 AM PST by cll (Serviam!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: cll

Don’t need any more guaranteed Democrat welfare states, sorry.


3 posted on 02/14/2017 9:05:18 AM PST by Pearls Before Swine
[ Post Reply | Private Reply | To 1 | View Replies]

To: cll
.... is on its way to holding a status plebiscite over the summer and the governing New Progressive Party has petitioned Congress for Puerto Rico’s admission as a state

Actually, I stopped reading right here. I don't feel like getting any more mind-screwed today.

The question and problem is simple. Either the majority of the citizens are willing to accept the duties of statehood (i.e., PERSONAL FEDERAL INCOME TAXES) or they are not. Further, either they make a good enough case to meet the requirement that other states accept it into their union or they do not.

It isn't just a case of getting two more Democrat Senators and a couple how many Representatives because you complain about this or that. Prove your case and satisfy everyone according to the established rules or SHUT UP.

4 posted on 02/14/2017 9:09:41 AM PST by Gaffer
[ Post Reply | Private Reply | To 1 | View Replies]

To: cll

Just what we need.

Two more demonRAT senators, two more demonRAT congressmen, and two more demonRAT presidential electors.


5 posted on 02/14/2017 9:11:17 AM PST by Westbrook (Children do not divide your love, they multiply it)
[ Post Reply | Private Reply | To 1 | View Replies]

To: cll

Puerto Rico has every right to petition to be a state. I don’t think anyone can really deny that.

On the lighter side, I’d like to see England, Wales, and Scotland also apply for statehood.

Might as well.


6 posted on 02/14/2017 9:11:35 AM PST by xzins (Retired US Army chaplain. Those who truly support our troops pray for their victory.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: cll

NO PR NEVER gets statehood ever. Let’s cut them loose so they can be their own country. We don’t need another 2 Democrat Senators and three Democrat Congressmen forever.


7 posted on 02/14/2017 9:11:57 AM PST by jmaroneps37 (Conservatism is truth. Liberalism is lies.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: cll

Statehood gets voted down in referendums.


8 posted on 02/14/2017 9:12:14 AM PST by Ray76 (DRAIN THE SWAMP)
[ Post Reply | Private Reply | To 1 | View Replies]

To: cll

The US has the following inhabited territories:

US Virgin Islands
Puerto Rico
Guam
American Samoa
North Mariana Islands

I don’t see any continuing interests for the US in either the US Virgin Islands or Puerto Rico. Time to spin them off as independent. Other Caribbean Islands exist just fine as independent islands.


9 posted on 02/14/2017 9:16:20 AM PST by rigelkentaurus
[ Post Reply | Private Reply | To 1 | View Replies]

To: cll

Cut it free.

We already have too many dysfunctional states and cities.


10 posted on 02/14/2017 9:16:59 AM PST by Iron Munro (If Illegals voted Rebublican 66 Million Democrats Would Be Screaming "Build The Wall!")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ray76

Statehood won the 2012 referendum.


11 posted on 02/14/2017 9:17:41 AM PST by cll (Serviam!)
[ Post Reply | Private Reply | To 8 | View Replies]

To: cll

We don’t need another “taker” state, and there’s no way they’ll be a contributor state. Cut ‘em loose.


12 posted on 02/14/2017 9:21:02 AM PST by JimRed ( TERM LIMITS, NOW! Building the Wall! TRUTH is the new HATE SPEECH.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: cll

Whatever path it is on, do not repeat DO NOT let it become a State of the United States! It can become a county or two of Florida FULL STOP.

Any amendment to the US Constitution requires 3/4’s of states to ratify. Talk of statehood for DC and PR puts needed amendments in limbo and puts dangerous amendments into play.


13 posted on 02/14/2017 9:22:52 AM PST by Hostage (Article V)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Westbrook

What makes you think that will be the case? Puerto Ricans on the island don’t follow the same voting/ideology trends as those in the north-east U.S.

And recently-moved Puerto Ricans in southern states are more conservative than those who arrived in the 50s to New York and what not. In fact, everything indicates that Florida Puerto Ricans swung for Trump in the last election, just like they did for W in 2004.


14 posted on 02/14/2017 9:22:59 AM PST by cll (Serviam!)
[ Post Reply | Private Reply | To 5 | View Replies]

To: cll

They like are jobs.


15 posted on 02/14/2017 9:25:22 AM PST by Leep (Cyclops News Network (CNN). The Most Trusted Source Of Fake News.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: cll

One word.

English.

Must be official language.


16 posted on 02/14/2017 9:28:45 AM PST by dangerdoc ((this space for rent))
[ Post Reply | Private Reply | To 1 | View Replies]

To: cll

You are correct. The Insular Case were repugnant to the Constitution. Nothing in the Constitution allows the Congress to treat territories aquired by treaty as if they are not fully US Territory.

The precedent set by the Louisiana Purchase is that Territories acquired by treaty become fully part of the United States. The same applied to the Purchase of Florida, The the Division of the Oregon Country, The Annexation Treaty with the Republic of Texas. The territories acquired after the War with Mexico, the Alaska Purchase, and the Annexation of the Republic of Hawaii.

Only the territory acquired after the War with Spain and the treaty dividing Samoa between the US and the German Empire were classed as “unincorporated”.

That category had never existed before.

The Constitution does not grant the Congress the authority to pick and choose where the Constitution applies. It applies to the United States and all territories under it’s jurisdiction.


17 posted on 02/14/2017 9:29:47 AM PST by GreenLanternCorps (Hi! I'm the Dread Pirate Roberts! (TM) Ask about franchise opportunities in your area.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: cll

As we did with another relic of the Spanish-American War, the Philippines, we should have cut P/R loose in 1945 to independence.


18 posted on 02/14/2017 9:34:19 AM PST by T-Bird45 (It feels like the seventies, and it shouldn't.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: dangerdoc

It already is.


19 posted on 02/14/2017 9:34:36 AM PST by cll (Serviam!)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Pearls Before Swine

CUT THEM LOOSE
We don’t want to subject them to more old white male privileged imperialism


20 posted on 02/14/2017 9:34:48 AM PST by aumrl (let's keep it real Conservatives)
[ Post Reply | Private Reply | To 3 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-33 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson