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SCOTUS strikes down Puerto Rico's dual sovereignity
SCOTUS Blog ^ | 6/09/2016

Posted on 06/09/2016 7:42:59 AM PDT by cll

In 1950, Congress enacted Law 600, which authorized the people of Puerto Rico (PR) to organize a government pursuant to aconstitution of their own adoption. The PR people capitalized on that opportunity, calling a constitutional convention and overwhelmingly approving the charter it drafted. Once Congress approved that proposal—subject to several important conditions accepted by the convention the Commonwealth of PR, a new political entity, came into being.

Those constitutional developments were of great significance and, indeed, made PR “sovereign” in one commonly understood sense of that term. At that point, Congress granted PR a degree of autonomy comparable to that possessed by the States.

But the dual-sovereignty test focuses not on the fact of self-rule, but on where it first came from...the Court has insisted on going all the way back beyond the immediate, or even an intermediate, locus of power to what is termed the “ultimate source.” On this settled approach, PR cannot benefit from the dual-sovereignty doctrine. True enough, that the Commonwealth’s power to enact and enforce criminal law now proceeds, just as petitioner says, from the PR Constitution as “ordain[ed] and establish[ed]” by “th epeople.” PR Const, Preamble. But back of the PR people and their Constitution, the “ultimate” source of prosecutorial power remains the U. S. Congress. Congress, in Public Law 600, authorized PR’s constitution-making process in the first instance, and Congress, in later legislation, both amended the draft charter and gave it the indispensable stamp of approval. Put simply, Congress conferred the authority to create the Puerto Rico Constitution, which in turn confers the authority to bring criminal charges. That makes Congress the original source of power for Puerto Rico’s prosecutors—as it is for the Federal Government’s. The island’s Constitution, significant though it is, does not break the chain. Affirmed.

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


TOPICS: Constitution/Conservatism
KEYWORDS: puertorico; scotus
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To: PAR35

They have $70 Billion in debt.
Now WE have it.........................


21 posted on 06/09/2016 8:19:47 AM PDT by Red Badger (Make America AMERICA again!.........................)
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To: cll

It means business as usual. We always were responsible for their debt, and now the SCTUS has affirmed that responsibility.

That’s what you get when you agree to overthrow a regime on an island nation, but then refuse to allow them to be a sovereign nation. They become your ward.

Nothing to see here, move along.


22 posted on 06/09/2016 8:19:57 AM PDT by OneVike (I'm just a Christian waiting for a ride home)
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To: hoosierham

The 1898 conflict was necessary to keep Germany or some other European power from seizing Spain’s empire. The Germans had definite plans to seize the Spanish empire and when the US beat them to it they actually made plans to make war on the US.

A novelist named Conroy wqrote about the possible war after finding documentation of the the actual German plans to invade Long Island and then seize New York City. The plan was to hold NYC hostage in exchange for the US ceding the recent Spanish conquests.

https://en.wikipedia.org/wiki/1901_(novel)


23 posted on 06/09/2016 8:20:18 AM PDT by MeganC (The Republic of The United States of America: 7/4/1776 to 6/26/2015 R.I.P.)
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To: Dilbert San Diego

Yes, it means that whatever the government of PR did or does, Congress is ultimately responsible for their actions, good or bad, and in this case ‘mucho grande mal’, to the tune of $70 BILLION in debts........................


24 posted on 06/09/2016 8:22:24 AM PDT by Red Badger (Make America AMERICA again!.........................)
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To: Starboard

Puerto Rico is now Puerto Pobre


25 posted on 06/09/2016 8:30:05 AM PDT by captain_dave
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To: cll

Perhaps we should just cut Puerto Rico loose. Although I have liked all the Puerto Ricans I have met.


26 posted on 06/09/2016 8:32:01 AM PDT by Crucial
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To: Crucial

It’s called Independence.


27 posted on 06/09/2016 8:59:08 AM PDT by DIRTYSECRET (urope. Why do they put up with this.)
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To: cll

Move everyone from the island to Nevada and give the island to the Marines.


28 posted on 06/09/2016 9:06:02 AM PDT by blueunicorn6 ("A crack shot and a good dancer")
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To: Dilbert San Diego

Might be that the S.Ct. is creating a way for Congress to bail out PR’s idiotic finaces by declaring the government a nonentity.

Bend over US taxpayers.


29 posted on 06/09/2016 10:05:53 AM PDT by wildbill (If you check behind the shower curtain for a slasher, and find one.... what's your plan?)
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To: Dilbert San Diego

This is the form the Bailout of PR is taking. Congress will pay off PR’s debts with your money and mine.


30 posted on 06/09/2016 10:26:29 AM PDT by arthurus
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To: MeganC
Are you certain the found documents were legitimate?
This is the first I have heard of such German plans.

Basing a historical novel on supposedly found long-lost or long kept secret :facts: which are in actuality just part of the fictional story is a common writers’ tool.

I have enjoyed some very well-written “what-if” stories.

31 posted on 06/09/2016 11:02:52 AM PDT by hoosierham (Freedom isn't free)
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To: vette6387

I went there for work back in Dec 1996. I have no problems there, at all, with the hotel staff, or the locals. I stayed at the juncture between Old San Juan and San Juan, and walked or took a taxi everywhere, without any problems. The food was great, the locals were nice, and the hotel staff was attentive and professional.


32 posted on 06/09/2016 11:13:55 AM PDT by ro_dreaming (Chesterton, 'Christianity has not been tried and found wanting. It's been found hard and not tried')
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To: hoosierham

“Are you certain the found documents were legitimate?
This is the first I have heard of such German plans.”

https://en.wikipedia.org/wiki/Imperial_German_plans_for_the_invasion_of_the_United_States

The plans were very real.


33 posted on 06/09/2016 11:20:43 AM PDT by MeganC (The Republic of The United States of America: 7/4/1776 to 6/26/2015 R.I.P.)
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To: toast

Puerto Rico will never sink under their own death and Guam will never tip over? ( hat tip Congressman Hank Johnson )


34 posted on 06/09/2016 12:22:07 PM PDT by SMGFan (Sarah Michelle Gellar is now on twitter @SarahMGellar)
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To: Dilbert San Diego

Puerto Rico is an unincorporated territory of the United States.

Consequence: Their bond default is our bond default.

Consequence: Our “paper” is worthless on the world market.

Consequence: Economically, we are a dead man walking. It is just a matter of a few more days/weeks before we fall down.


35 posted on 06/09/2016 12:23:50 PM PDT by TruthInThoughtWordAndDeed (Yahuah Yahusha)
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To: cll

This means they’ll unfortunately become a 51st state.


36 posted on 06/09/2016 5:25:06 PM PDT by MNDude (God is not a Republican, but Satan is certainly a Democrat.)
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To: MNDude

“This means they’ll unfortunately become a 51st state.”

They could also vote for independence and in doing so declare their current debt to be the responsibility of the USA.


37 posted on 06/10/2016 2:48:29 PM PDT by MeganC (The Republic of The United States of America: 7/4/1776 to 6/26/2015 R.I.P.)
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