Constitution of Puerto Rico
Constitution of the Commonwealth of Puerto Rico | |
---|---|
Original title | Constitución del Estado Libre Asociado de Puerto Rico |
Ratified | July 25, 1952 |
Location | Capitol of Puerto Rico, San Juan, Puerto Rico |
Author(s) | 92 delegates from three parties |
Purpose | Create a commonwealth in union with the United States |
Full text | |
Constitution of the Commonwealth of Puerto Rico at Wikisource |
The Constitution of the Commonwealth of Puerto Rico (Spanish: Constitución del Estado Libre Asociado de Puerto Rico) is the controlling government document of Puerto Rico. It is composed of nine articles detailing the structure of the government as well as the function of several of its institutions. The document also contains an extensive and specific bill of rights. It was ratified by Puerto Rico's electorate in a referendum on March 3, 1952, and on July 25, 1952, Governor Luis Muñoz Marín proclaimed that the constitution was in effect. July 25 is known as Constitution Day.
The United States maintains ultimate sovereignty over Puerto Rico. Under this Constitution, Puerto Rico officially identifies as the Commonwealth of Puerto Rico.
History
The
The proposed constitution was approved overwhelmingly by nearly 82% of the voters in a
In 1960, 1961, 1964 and 1970 voters approved amendments to the constitution in various referendums.[3]
A continuing debate has dealt with the legal status of Puerto Rico under the Federal Government of the United States. Certain decisions by the
In 1976, the
Proposed amendments
In 1994 and 2012 constitutional amendments were proposed but these were unsuccessful.
Founding fathers
Twelve weeks after the people of Puerto Rico approved
- Antonio Fernós Isern
- Augusto Valentín
- Celestino Iriarte
- Ernesto Ramos Antonini
- Fernando J. Géigel
- Francisco Anselmi
- Heraclio Rivera Colón
- Lino Padrón Rivera
- Luis A. Ferré
- Miguel A. García Méndez
- Juan R. Garcia Delgado
- Luis Muñoz Marín
- Luis Negrón López
- Mario Canales
- Ramón Barreto Pérez
- Roberto Sánchez Vilella
- Roberto H. Todd
- Rubén Gaztambide Arrillaga
- Ubaldino Ramírez de Arellano
The delegates, which would eventually become the
- Committee on the Preamble, Ordinances, and Amendment Procedures
- Committee on the Bill of Rights
- Committee on the Legislative Branch
- Committee on the Executive Branch
- Committee on the Judicial Branch
- Committee on the Transitional Provisions of the General Affairs
- Committee on the Editorial, Style, and Enrollment
The assembly held 62 sessions between September 17, 1951, and February 6, 1952, approving the constitution within the assembly two days before concluding their affairs on February 4, 1952. The constitution was then overwhelmingly approved a month later by the people of Puerto Rico in a referendum held on March 3, 1952.
Preamble
The Preamble reads:
- 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.[11]
The Preamble of the Constitution of Puerto Rico is more extensive than the Preamble to the United States Constitution. However, it has the similarity that the preamble neither grants any powers nor inhibits any actions; it only explains the rationale behind the Constitution. Yet, it specifically details the determining factors that the Puerto Rican people have chosen as the basis for their new government. It also establishes the Constitution's loyalty to the principles of the Federal Constitution.
Articles of the Constitution
The remainder of the document consists of nine articles:
Article One: The Commonwealth
Article One establishes the new government for the unincorporated territory, which shall bear the name of Commonwealth of Puerto Rico. It declares that the source of the power of the government emanates from the people. The following three sections of the Article establish the Republican form of government of the unincorporated territory, divided into three branches (legislative, executive and judicial) and specifies the territorial jurisdiction of the document as well as the seat of the new government, which shall be the city of San Juan.
Article Two: Bill of Rights
Article Two of the Constitution of Puerto Rico—titled as the Bill of Rights (
The bill enumerates several freedoms, namely freedom of assembly, freedom of the press, freedom of religion, freedom of speech, freedom from unreasonable search and seizure, security in personal effects, and freedom from warrants issued without probable cause. It also establishes two fundamental declarations, that "the dignity of the human being is inviolable" and that all men are equal before the law. It also prohibits several discriminations, namely discrimination made on account of race, color, sex, birth, social origin or condition, or political or religious ideas. The bill even took a step further by declaring such principles as essential to human equality.
The Bill of Rights also establishes explicitly that there shall be complete
There are a number of variations that make the Puerto Rico Bill of Rights distinct from that of the Federal Bill of Rights. For instance in Puerto Rico they do not have the right to trial by jury but they do have direct protections against wiretapping.
In order to comply with the requirements of Public Law 600, the framers of the Constitution of Puerto Rico decided to draft an extensive list of rights which were then organized into a whole Article of the constitutional document. It is divided into nineteen sections, each one listing one or several rights which are deemed fundamental under Puerto Rican constitutional law.
Section One begins by establishing that 'the dignity of the human being is inviolable' and that 'all men are equal before the law.'.[13] These two sentences have traditionally been interpreted by scholars as granting an unlimited number of rights, since anything that violates the dignity of a human being will be deemed unconstitutional. However, the remainder of the section concretely establishes the kinds of discriminations that are outlawed.
- No discrimination shall be made on account of race, color, sex, birth, social origin or condition, or political or religious ideas. Both the laws and the system of public education shall embody these principles of essential human equality.
Section Two establishes the
- Section 2. The laws shall guarantee the expression of the will of the people by means of equal, direct and secret universal suffrage and shall protect the citizen against any coercion in the exercise of the electoral franchise.
Section Three is the religious clause of the Constitution of Puerto Rico. It prohibits the
- No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof. There shall be complete separation of church and state.
The last sentence specifically and concretely establishes the separation of church and state, a clause that is not found in the United States' Constitution but, rather, it is assumed and interpreted to exist. Section three leaves no doubt about the existence of such separation in Puerto Rico.
Section Four is very similar to the First Amendment to the United States Constitution. It establishes the freedom of speech, freedom of the press, freedom of assembly and the right to petition. It reads;
- No law shall be made abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.
Section Five establishes the right to an education. It also mandates the establishment of a non-sectarian and free educational system for the commonwealth. The section also establishes that education will be compulsory for elementary school, to the extent permitted by the facilities of the state. The section further establishes that no public property or public funds shall be used for the support of schools or educational institutions other than those of the state.
Section Six declares the right of the people to organize themselves in associations, except if the associations are military or quasi-military in nature.
Section Seven contain several important fundamental rights. It reads;
- The right to life, liberty and the enjoyment of property is recognized as a fundamental right of man. The death penalty shall not exist. No person shall be deprived of his liberty or property without due process of law. No person in Puerto Rico shall be denied the equal protection of the laws. No laws impairing the obligation of contracts shall be enacted. A minimum amount of property and possessions shall be exempt from attachment as provided by law.
First, Section Seven establishes that the right to life is fundamental in Puerto Rico. Because of this, the section determines that the
Second, the section contains the
Section Eight declares that every person has the right to be protected by law against attacks on their honor, reputation and private or family life. This section has been interpreted as creating a general right to privacy in Puerto Rico.
Section Nine creates more liberties for the press. It establishes that:
- No law shall be enacted authorizing condemnation of printing presses, machinery or material devoted to publications of any kind. The buildings in which these objects are located may be condemned only after a judicial finding of public convenience and necessity pursuant to procedure that shall be provided by law, and may be taken before such a judicial finding only when there is placed at the disposition of the publication an adequate site in which it can be installed and continue to operate for a reasonable time.
Section Ten is similar to the
Section Eleven is primarily devoted to the rights of the accused.
- In all criminal prosecutions, the accused shall enjoy the right to have a speedy and public trial, to be informed of the nature and cause of the accusation and to have a copy thereof, to be confronted with the witnesses against him, to have assistance of counsel, and to be presumed innocent.
It also establishes that in all trials of felony the accused shall enjoy of a jury of twelve peers who render a verdict by majority vote in which no less than nine shall concur. Also, the section creates the right against self-incrimination as well as the prohibition of double jeopardy.
Section Twelve outlaws slavery and involuntary servitude, unless duly convicted. It also prohibits
Section Thirteen guarantees the
Section Fourteen prohibits the use of
Section Fifteen deals with
Section Seventeen creates the fundamental right of employees, private and public, to organize themselves into associations and to negotiate with their employers. Section Eighteen also declares a fundamental right for employers to go on strike. However, the section ends by stating; "Nothing herein contained shall impair the authority of the Legislative Assembly to enact laws to deal with grave emergencies that clearly imperil the public health or safety or essential public services."
Section Nineteen is similar to the Ninth Amendment to the United States Constitution. It reads;
- The foregoing enumeration of rights shall not be construed restrictively nor does it contemplate the exclusion of other rights not specifically mentioned which belong to the people in a democracy. The power of the Legislative Assembly to enact laws for the protection of the life, health and general welfare of the people shall likewise not be construed restrictively.
This section stresses out that the civil rights and liberties outlined in this Bill of Rights do not constitute an exclusive list thereof; others may exist. In other words, just because a civil right is not listed here, does not mean that the people do not have it. This is a safeguard against strict literal interpretations of the constitution with which the people will be denied all the rights not specifically listed here, such as a right to travel between districts at their own leisure (see propiska), or the right to travel abroad.
Article Three: Legislative power
The article establishes that the
The article also established a board that must revise the districts after each
Article Four was also very loose regarding the rules overseeing each house, establishing that each house must be the sole judge of the election, returns and qualifications of its members, that each house must choose its own officers, and that each house must adopt rules for its own proceedings appropriate to legislative bodies.
The article also established that the sessions of each house must be open, what constitutes quorum, and where should they meet, namely in the Capitol of Puerto Rico.[20][21][22] It also granted parliamentary immunity to its members.[23]
Article Four also established the parliamentary procedure to enact
Article Four: Executive Power
Article Four describes the powers, structure, functions, responsibilities, and legal scope of the Governor of Puerto Rico, the executive branch of the government of Puerto Rico.[28] The article establishes the term length of the governor and the requirements to hold such post, as well as establishing the governor as commander-in-chief of the militia, namely the Puerto Rico National Guard.[29] It also establishes that the governor must present a State of the State address to the Legislative Assembly each year, as well as a report on the Budget of the Government of Puerto Rico.[29]
The article also establishes the
Article Four also established several
The article also established the first steps towards the Puerto Rico governmental line of succession, establishing the Secretary of State as first in line of succession.[32]
Article Five: Judicial Power
Article Five describes the powers, structure, functions, responsibilities, and legal scope of the
Article Six: General Provisions
Article Six authorizes the Legislative Assembly to create, abolish, consolidate and reorganize municipalities; to change their territorial limits; to determine their organization and functions; and to authorize them to develop programs for the general welfare and to create any agencies necessary for that purpose. It also authorizes the Commonwealth of Puerto Rico to impose and collect taxes and to authorize their imposition and collection by municipalities, as determined by the Legislative Assembly.
Article Seven: Amendments to the Constitution
Article 7 established the rules to perform amendments to the constitution, the Legislative Assembly may propose amendments to this Constitution by a concurrent resolution approved by not less than two-thirds of the total number of members of which each house is composed. All proposed amendments shall be submitted to the qualified electors in a special referendum, but if the concurrent resolution is approved by not less than three-fourths of the total number of members of which each house is composed, the Legislative Assembly may provide that the referendum shall be held at the same time as the next general election. Each proposed amendment shall be voted on separately and not more than three proposed amendments may be submitted at the same referendum. Every proposed amendment shall specify the terms under which it shall take effect, and it shall become a part of this Constitution if it is ratified by a majority of the electors voting thereon.
The section 3 indicates that no amendment to this Constitution shall alter the republican form of government established by it or abolish its bill of rights.*
- By Resolution number 34, approved by the Constitutional Convention and ratified in the Referendum held on November 4, 1952, the following new sentence was added to section 3 of article VII: "Any amendment or revision of this constitution shall be consistent with the resolution enacted by the applicable provisions of the Constitution of the United States, with the Puerto Rican Federal Relations Act[36][37] and with Public Law 600, Eighty-first Congress, adopted in the nature of a compact".
See also
- Balzac v. Porto Rico
- Federal tribunals in the United States
- Index of Puerto Rico-related articles
- Law of Puerto Rico
- Political status of Puerto Rico
- Privileges and Immunities Clause
- Proposed political status for Puerto Rico
- Puerto Rican citizenship
- Sovereigntism (Puerto Rico)
- Special Committee on Decolonization
- United Nations list of non-self-governing territories
- United States territorial court
- Territories of the United States
References
- , enacted July 3, 1950
- , enacted July 3, 1952
- ^ a b Comunicaciones_MJ (July 24, 2020). "¿Cuántas enmiendas se le han hecho a la Constitución?". Microjuris al Día (in Spanish). Retrieved August 24, 2021.
- ^ Examining Board v. Flores de Otero, 426 U.S. 572 (1976).
- Pub. L.82–447 ratified by the 82nd United States Congressand officially proclaimed on July 25, 1952
- ^ Puerto Rico v. Sanchez Valle
- ^ "Puerto Rico v. Valle, 579 U.S. ___ (2016): Opinion (Kagan)". United States Supreme Court. Archived from the original on December 11, 2023 – via Justia.
- ^ "José "Conny" Varela anuncia vistas públicas sobre posibles enmiendas a la Constitución | Legislatura". elvocero.com. August 8, 2021. Retrieved August 24, 2021.
- ^ Rivera Clemente, Yaritza (August 23, 2021). "Proponen más cambios a la Constitución: incluyen aumentar el salario del gobernador". El Vocero de Puerto Rico (in Spanish). Retrieved August 24, 2021.
- ^ "Pierluisi favorece limitar términos del gobernador pero rechaza posibilidad del referéndum revocatorio". Metro Puerto Rico. August 23, 2021. Retrieved August 24, 2021.
- ISBN 9781573561495.
- Pub. L.81–600
- ^ s:Constitution of the Commonwealth of Puerto Rico#ARTICLE II BILL OF RIGHTS
- ^ a b "Article III, Section 3". Constitution of Puerto Rico. July 25, 1952. Retrieved August 11, 2013.
- ^ "Article III, Section 2". Constitution of Puerto Rico. July 25, 1952. Retrieved August 11, 2013.
- ^ "Article III, Section 4". Constitution of Puerto Rico. July 25, 1952. Retrieved August 11, 2013.
- ^ "Article III, Section 7". Constitution of Puerto Rico. July 25, 1952. Retrieved August 11, 2013.
- ^ "Article VII, Section 1". Constitution of Puerto Rico. July 25, 1952. Retrieved August 11, 2013.
- ^ a b "Article III, Section 9". Constitution of Puerto Rico. July 25, 1952. Retrieved August 11, 2013.
- ^ "Article III, Section 11". Constitution of Puerto Rico. July 25, 1952. Retrieved August 11, 2013.
- ^ "Article III, Section 12". Constitution of Puerto Rico. July 25, 1952. Retrieved August 11, 2013.
- ^ "Article III, Section 13". Constitution of Puerto Rico. July 25, 1952. Retrieved August 11, 2013.
- ^ "Article III, Section 15". Constitution of Puerto Rico. July 25, 1952. Retrieved August 11, 2013.
- ^ "Article III, Section 17". Constitution of Puerto Rico. July 25, 1952. Retrieved August 11, 2013.
- ^ "Article III, Section 19". Constitution of Puerto Rico. July 25, 1952. Retrieved August 11, 2013.
- ^ "Article III, Section 21". Constitution of Puerto Rico. July 25, 1952. Retrieved August 11, 2013.
- ^ "Article III, Section 22". Constitution of Puerto Rico. July 25, 1952. Retrieved August 11, 2013.
- ^ "Article IV, Section 1". Constitution of Puerto Rico. July 25, 1952. Retrieved August 11, 2013.
- ^ a b "Article IV, Section 2". Constitution of Puerto Rico. July 25, 1952. Retrieved August 11, 2013.
- ^ "Article IV, Section 5". Constitution of Puerto Rico. July 25, 1952. Retrieved August 11, 2013.
- ^ "Article IV, Section 6". Constitution of Puerto Rico. July 25, 1952. Retrieved August 11, 2013.
- ^ "Article IV, Section 7". Constitution of Puerto Rico. July 25, 1952. Retrieved August 11, 2013.
- ^ "Article V, Section 1". Constitution of Puerto Rico. July 25, 1952. Retrieved August 11, 2013.
- ^ "Article V, Section 3". Constitution of Puerto Rico. July 25, 1952. Retrieved August 11, 2013.
- ^ "Article V, Section 8". Constitution of Puerto Rico. July 25, 1952. Retrieved August 11, 2013.
- ^ "Federal Relations Act (FRA) codified on U.S. Code Title 48, Chapter 4". Legal Information Institute. Cornell University Law School. July 25, 1952. Archived from the original on October 7, 2009. Retrieved January 18, 2010.
- ^ "U.S. Code Title 48, Chapter 4, Subchapter I, § 731". Legal Information Institute. Cornell University Law School. Retrieved January 18, 2010.
External links
- Text of the Constitution (in English)
- Statement by the President Upon Signing Bill Approving the Constitution of the Commonwealth of Puerto Rico Archived July 4, 2015, at the Wayback Machine, Truman Library