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Constitution of the Commonwealth of Puerto Rico
Exhibition of the Constitution at the Capitol of Puerto Rico
Original title	Constitución del Estado Libre Asociado de Puerto Rico
Ratified	July 25, 1952; 71 years ago (1952-07-25)
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
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Constitution of the Commonwealth of Puerto Rico at Wikisource

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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 while giving Puerto Ricans a high degree of autonomy. Under this Constitution, Puerto Rico officially identifies as the Commonwealth of Puerto Rico.

History

The

The Constitutional Assembly met for a period of several months between 1951 and 1952 in which the document was written. The law required the framers to follow only two basic requirements: a republican form of government and inclusion of a Bill of Rights.

The proposed constitution was approved overwhelmingly by nearly 82% of the voters in a

, despite the conditions established by Congress, proclaimed that, henceforth, Sec. 20 would be deemed by his administration to be in effect.

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

of the United States Constitution as still controlling over Puerto Rico. Under this clause, the United States Congress is the recognized sovereign of the island.

In 1976, the

The argument made by the U.S. Supreme Court was interpreted by many as an affirmation of a severely diminished capacity of the constitutional stature that the Puerto Rican government had.^[citation needed] This was the same idea of stature that the Puerto Rican government has had for nearly seven decades.^{[citation needed]} Justice Elena Kagan stated that the ruling in the case of 'Puerto Rico v. Sanchez Valle' was confined solely to the corresponding issue of double jeopardy within a criminal case, not to the whole of Puerto Rico's political status.^{[7][verification needed]} Still, the outcome fueled a debate regarding the current nature of the political relationship established between Puerto Rico and United States of America.^{[citation needed]}

Proposed amendments

In 1994 and 2012 constitutional amendments where proposed but these where unsuccessful.

Founding fathers

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Twelve weeks after the people of Puerto Rico approved

(PIP) abstained from participating. The following is a list of the delegates:

The delegates, which would eventually become the

of the current commonwealth of Puerto Rico, established 10 permanent committees: 7 which dealt with constitutional matters and 3 which dealt with the assembly's internal operations. The constitutional committees were as follows:

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

in Puerto Rico;

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

. It reads;

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 death penalty will not exist under the jurisdiction of the commonwealth.

Second, the section contains the

clauses. Third, it includes a contract clause for the jurisdiction of the commonwealth. Finally, the sections guarantees that a minimum amount of the property owned by individuals will be exempt from government possession.

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

. Furthermore, it declares that no search-warrant shall be issued unless probable-cause is shown.

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

, which can only be suspended by the Legislative Assembly in time of "rebellion, insurrection or invasion."

Section Fourteen prohibits the use of titles of nobility. It also prohibits public officials to receive gifts from foreign powers without the approval of the Legislative Assembly.

Section Fifteen deals with

. It prohibits the employment of children of less than fourteen years on jobs that may be "prejudicial to their health or morals". It also guarantees that no children under the age of sixteen shall be kept in jail.

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 II Section 20 of the Constitution was removed upon final revision by the United States Congress in 1952.^[14] This section originally detailed a right to education, a right to obtain work, and a right to an adequate standard of living, among more.^[15]

Article Three: Legislative power

The article establishes that the

The manner in which the districts are divided must be determined by a Board comprised by the Chief Justice of the Supreme Court along with two other individuals that are appointed by the Governor and approved by the Senate; these two cannot be members of the same political party.^[18] The districts should be determined by populations and means of communication with each senatorial district always having five representative districts. These revisions to the district maps will be made following the decennial census and once completed for the following election, the Board determining these will be dissolved.^[18] Such provisions provide a safeguard against gerrymandering districts to benefit one political party since the judiciary, the Legislative Assembly, and the executive all play a role in how districts are drawn. In addition, every district will have equal weight in both the Senate and the House of Representatives which is why it is important that they be divided fairly.

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.^[21][22][23] It also granted parliamentary immunity to its members.^[24]

Article Four also established the parliamentary procedure to enact

 This contrasts with the simple majority needed to do so in the United States.

In addition, the House of Representatives has the sole power to initiate impeachment proceedings against the Governor or any other government official; the house would need a two-thirds majority for an indictment. The Senate may then trial and decide the case with the Chief Justice of the Supreme Court presiding. The Senate would need three-fourths or more votes in order to have a conviction.[29] The Legislative Assembly also has considerable influence over the municipalities of the island as Puerto Rico is a unitary state with the majority of the power concentrated in the central government. The Legislative Assembly's power includes determining how municipalities are organized, managing their functions, and authorizing them to develop programs for the general welfare.^[30] The Legislature also regulates how to impose and collect taxes in the municipalities.^[31]

The article also established the exclusive powers of each house, as well as establishing the post of Comptroller.^[32][33] The Governor will appoint a Comptroller with the approval of both the House of Representatives and the Senate. The Comptroller will serve for a ten year term and is tasked with auditing the finances of the Commonwealth. This individual must also send annual reports to the Legislative Assembly.^[33] Such a process is meant to ensure the independence of the Comptroller.

Legislative Assembly Electoral Process

Members of the Legislative Assembly are directly elected as is the Governor of Puerto Rico who is elected separately.^[34][35] Both the Senate and the House of Representatives have term lengths of four years with no limit to how many terms a person can serve.^[36] In addition, elections for these posts almost always occur at the same time which is during the general election every four years (exceptions may occur when there is a special election to fill a vacancy).^[36] Therefore, since there is no staggering of elections, Puerto Ricans can essentially vote for a new Legislative Assembly every four years. Furthermore, during general elections, the public also votes for both local government and central government officials including the Governor.^[36] This makes it is possible to have significant shifts in Puerto Rico's government after each election.

There are eight senatorial districts that elect two Senators each and forty representative districts that each elect one representative.^[37] In addition, there are eleven senators and eleven representatives at-large. For these seats, voters choose their top choices and the eleven at-large candidates with the most votes for each house are elected to these seats.^[37] 

The Constitution also sets up provisions that help ensure a more proportional representation in the legislature. Although there can be a minimum of twenty-seven senators and fifty-one representatives, it is possible that these numbers can increase depending on the results of the election.^[38][39] This may occur if an election results in a single party receiving more than two-thirds of the seats in either the House of Representatives or the Senate or both, but that party receives less than two-thirds of the vote for their gubernatorial candidate.^[39] In the event that this occurs, the results of the popular vote for the Governor will be used to adequately increase the number of members from minority parties in the affected chamber to correspond with their proportions in the gubernatorial results. Even if a party receives more than two-thirds of the seats in either or both chambers, and receives more than two-thirds of the popular vote for Governor, more members may be added to either chamber affected to increase proportionality in the legislature in correlation to the results of the gubernatorial race.^[39] In all, if any house has two-thirds of their seats occupied by members of the same party, then it most increase its size to correspond more closely with the results of the popular vote for governor. This was done in order to reduce the likelihood of one party having a constitutional majority with absolute control over constitutional amendments, as these require at least two thirds of the vote of each house in order to be enacted.^[40] Such additional members of minority parties will be first selected from the corresponding party’s candidates at large and then, their district candidates.^[39] These members will be considered Senators or Representatives at-large.^[39]

For example, following the 2020 election, the Senate had 30 members as opposed to 27.^[41] This is because the New Progressive Party won 21 seats which is more than two thirds of the seats contested. Therefore, three more seats were added to increase proportionality to the popular vote for Governor.^[41]

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.^[35] 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.^[42] The Governor has the power to declare martial law, but the Legislative Assembly can then ratify such a proclamation or revoke it.^[43] 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.^[42]

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. In the event that the Governor’s position is left vacant either by death, resignation, impeachment, or any other absolute disability, the Secretary of State shall succeed him/her followed by other members of the Council of Secretaries.^[47] For this reason, there is little chance that a vacancy in the Governorship will lead to a change in political party at the executive.

Case Study: 2019 Governor Rosselló Resignation

In 2019, the leaking of messages from a group chat including Governor Ricardo Rosselló and other government officials sparked a wave of protests across Puerto Rico.^[48] Only the House of Representatives has the power to initiate impeachment proceedings, a possibility it began to look into in the wake of Telegramgate as the scandal was known as.^[48] However, Governor Rosselló resigned from his position before such processes could begin. Although the Constitution asserts that the Secretary of State is to succeed the Governor, Luis Rivera Marín, the Secretary of State at the time, was also implicated in the leaked chat and resigned shortly after.^[49] Puerto Rican law states that the Secretary of Justice is next in line, followed by the Secretary of Treasury and then Education. However, there was resistance to Secretary of Justice Wanda Vázquez taking the position and Vázquez herself expressed hesitancy about taking the role.^[49] In addition, the Secretary of Treasury was not constitutionally eligible to take the post due to his age and the Secretary of Education was involved in corruption scandals.^[49] Therefore, before leaving office, Rosselló appointed Pedro Pierluisi as Secretary of State so that he may become Governor of Puerto Rico once Rosselló formally resigned.^[50] In order to have Pierluisi confirmed, Rosselló called the Legislative Assembly to an emergency session.^[51] Pierluisi was sworn in on August 2, 2019 shortly after Rossello left the post. At this time, only the House of Representatives had approved of Pierluisi’s appointment, but the Senate had not, leading to the President of the Senate to submit a lawsuit against Pierluisi’s appointment since the Constitution requires that both the House and the Senate confirm the appointment.^[51] Act No. 7 of 2005 waives most requirements for one to take the position of interim Governor, including the requirement that both chambers of the legislature approve such appointment.^[52] The President of the Senate argued that since Rosselló would permanently no longer be Governor, the law did not apply to the current situation. The Supreme Court of Puerto Rico agreed with this position and declared the portion of the 2005 law that lays out such exceptions as unconstitutional by an unanimous 9-0 decision which is required to overturn any law.^[53] With Pierluisi’s appointment unconstitutional, the line of succession went towards Secretary of Justice Wanda Vázquez who was sworn in shortly after the court’s decision was made.^[54]

Article Five: Judicial Power

Article Five describes the powers, structure, functions, responsibilities, and legal scope of the

Like the United States and other Latin American countries, Puerto Rico operates under a diffuse constitutional review model with a unitary court system.^[58] Therefore, all courts in Puerto Rico can review disputes regarding jurisdiction, operation, and administration.^[58] However, in order to declare a law unconstitutional, the Supreme Court of Puerto Rico must be unanimous in its decision.^[59]

The Constitution relates that the Supreme Court shall be composed of five members, one Chief Justice and four Associate Justices.^[56] However, upon requests from the Court to add more members over the years, the Legislative Assembly has increased the number to nine justices.^[60] The Legislature must also review the rules that the Supreme Court shall adopt for the court’s rules of evidence and of civil and criminal procedure.^[61] Without such approval from the Legislative Assembly, these rules will not go into effect.^[61] In this way, the Legislative Assembly has constitutional oversight on how the court system in Puerto Rico functions. In addition, the legislature has the power to establish a retirement system for judges as all are required to retire by the age of 70.^[62] Other than this provision, there are no other limits for how long a judge can serve on a court as long as they remain in good standing. If this is not the case, the House of Representatives has the power to initiate impeachment proceedings against a member of the Supreme Court.^[63]

The Supreme Court also sets rules for the administration of the courts with the help of an administrative director appointed by the Chief Justice.^[64]

Furthermore, Puerto Rico constitutes a District in the Federal Judiciary and has its own United States District Court. Decisions of this court may be appealed to the United States Court of Appeals for the First Circuit and from there to the Supreme Court of the United States.^[60]

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^[65][66] and with Public Law 600, Eighty-first Congress, adopted in the nature of a compact".

See also

• Law of Puerto Rico
• Balzac v. Porto Rico
• Puerto Rican citizenship
• Sovereigntism (Puerto Rico)
• Special Committee on Decolonization
• United Nations list of Non-Self-Governing Territories
• Proposed political status for Puerto Rico
• Privileges and Immunities Clause
• Territories of the United States
• United States territorial court
• Federal tribunals in the United States
• Index of Puerto Rico-related articles
• Political status of Puerto Rico

References

External links

Wikisource has original text related to this article:

Constitution of the Commonwealth of Puerto Rico

• Text of the Constitution (in English)
• Statement by the President Upon Signing Bill Approving the Constitution of the Commonwealth of Puerto Rico, Truman Library

Puerto Rico Category:Government of Puerto Rico Category:Political history of Puerto Rico