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The Question of Statehood for Puerto Rico

Applied Public Policy Methods and Data Analysis

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Political Science Department *For consideration by the chair for archiving

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PSCI 450

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Brandon Llone

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Lalone 2 The Question of Statehood for Puerto Rico The phenomenon of change is inevitable. Fundamental to humanity is the self-awareness every individual possesses in regard to his or her own awareness to evolution. Despite the fact that every human being understands the inevitability of change, few are able to inclusively

Governor of Puerto Rico, Luis Fortuo, gave an address to congress entitled Staying the Course, Changing Our Future which describes the functionality of progressive change and its place within the United States both domestically and within Puerto Rico.() Governor Fortuos initial policy agenda was intended towards transitioning the United States presence in Puerto Rico and transcending it to change the status quo.()

Governor Fortuos emphasis is intended to inform the general public about the current structure of Puerto Rico and its antiquation regarding the commonwealth. With the

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recent visit of President Barack Obama in June, Puerto Rico today has once again been revived with the age old question of self-determination, should Puerto Rico become a state, remain a commonwealth, or transition to independence? () Puerto Rico became part of the United States in 1898, under the terms of the Treaty of Paris following the Spanish-

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articulate the characteristics of the state of change.

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Lalone 3 American War. The citizens of Puerto Rico won citizenship in 1917 and the island became a commonwealth in 1952. Puerto Rico currently acts as an unincorporated territory of the United States similar to Guam.(3) It is officially regarded to as, Estado Libre Asociado de Puerto Rico

Governor Fortuos congressional address to the nation was released by the Puerto Rican Congress after it was mandated. A small excerpt from the speech, translated to English read:

In Puerto Rico we have already achieved a consensus that the status issue must be resolved soon. Every day we see more clearly that the status issuewhich has so divided us as a peopleis the main obstacle to move forward TOGETHER. For example, in recent days a group

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of non-partisan economic experts said that Puerto Rico has been in decline for the past 50 years. Forget about if our current status brought or not brought us benefits in the past, the fact is that today, during these time even those who have historically defended the Commonwealth, say it no longer serves us and must be changed. This is what they presented in their

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regarded to Americans as the Commonwealth of Puerto Rico.

meaning Associated Free State of Puerto Rico; commonly

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Lalone 4 election platform during the last elections. (Puerto Rico Federal Affairs Administration, prfaa.com) While the excerpt is relatively small, this was Governor Fortuos first official address related to the change of course related the United States relationship with Puerto Rico. Currently, the Puerto Rico is waiting eagerly

Puerto Rico since President Obamas speech to the island in June stirred things up. Recently stated by President Obama, the Obama administration aims to support the will of the Puerto Rico after a Presidential Task Force was conducted regarding statehood. (3)

President Obama states in his speech that, First of all, weve addressed the question of political status. In March, a report from our presidential task force on Puerto Rican status provided a meaningful way forward

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on this question so that the residents of the island can determine their own future. And when the people

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of Puerto Rico make a clear decision, my administration will stand by you. (Whitehouse.gov)

President Obamas comment directly relates to his plans of strategic policy, it is quite honestly almost cut and dry politics for the future of Puerto Rico. President Obama clearly outlines his stance United States foreign policy

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regarding President Obamas next strategic move within

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Lalone 5 related to the Middle East in an address entitled, Refocusing on the Threat from al Qaeda in Afghanistan and Pakistan, which reads: We do so in a way that gives every one of our people a shot at the dream that we all share the dream that if

find a job thats secure, provides decent wages,

provides for your children, and provides for your retirement. Thats what people are hoping for, and its not too much to ask. (Whitehouse.gov) The arrangement of the address is centered through the use of strong notions such as the American Dream, job creation, and the hope of securement and the pursuit of happiness. Unfortunately, for President Obama, hope is not a plan. One could assume that since Puerto Rico does not have the same rights as a state, the benefits and undeniable rights states hold would be in question for Puerto Rico. Puerto

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Rico does not pay federal taxes nor does it have any congressional voting rights.(5) However, the question still serves as to whether or

not the advocation by President Obama will justify the United States Congress to vote Puerto Rico in as the 51st State; as it does require a congressional vote and statue

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you can build a better life for your family. You can

youre willing to work hard and take responsibility,

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Lalone 6 prior. Case in point, if President Obama were to withdraw federal funding from Puerto Rico and affirm that the commonwealth increase taxation if statehood for Puerto Rico is achieved, would that be a realistically viable plan of action for an entity which has remained immensely dependent.

dependent on the United States for more than one-hundred and thirteen years. It has to be assumed that if the

federal funding that Puerto Rico receives as a commonwealth were to be withdrawn from state budget, conversely, they would suffer heavy hyper-inflation, coupled with hightaxation and numerous job losses.() President Obamas intent for the island may have good intent to justify a status. However, nothing can be assumed related to the prospects and operations that lie in the future; hindsight tends to be 20/20.

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regarding Puerto Rico, particularly related to status, for which the Governor is pro-statehood, reads: Those who want independence obviously do not agree with our current status. And those who believe in getting all the rights and powers that we would have as American citizens under statehood, dont either. In

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Referencing back to Governor Fortuos address

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Keep in mind that Puerto Rico has been almost entirely

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Lalone 7 short, EVERYONE, including all political parties, agrees that we must change our status NOW. And you also know. The main reason why our current status does not work is because we do not have the tools and

powers that we need to move forward. On that we all

States territory, subject to the territorial clause of the Federal Constitution. That means that we do not have the necessary powers to progress, or we would have if we were a state, nor that we would if we were a republic, either fully independent or in a relationship of free association. (Puerto Rico Federal Affairs Administration, prfaa.com)

Governor Fortuos policy address for Puerto Rico is guided by a very strong message towards the latter portion of the previous text which states, we do not have the

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necessary powers to progress, or we would have if we were a state, nor that we would if we were a republic, either fully independent or in a relationship of free association.(prfaa.com) Governor Fortuo unquestionably states that Puerto Rico does not have the necessary tools and does not have the

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26 that our present political status is a United

agree. The White House report clearly states, on page

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Lalone 8 necessary powers to progress as a commonwealth without the induction of statehood. The Governor almost pleads that independence is out of the question and rightfully so for a nation with a GDP of just less than one-hundred billion; compared to the United States GDP of fifteen trillion.

Republic of Puerto Rico, what policy set-fourth by

President Obama regarding independence for Puerto Rico would be viable? The same strategic value is highly likely to repeat itself for Puerto Rico and if true, this would mean an exodus of all United States mobilized forces, aid, and funding, which would dissipate from the island.(3) Albeit, the United States would most likely slowly transition Puerto Rico to independence within several years while the United States maintains a presence within the island.

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consideration the impact that the present situation will have on the atmosphere of the Caribbean community. Prior, the United States presence in the Caribbean was limited several embassies throughout the Atlantic. Many have

argued that if Puerto Rico were to become a state, the United States would have a more increased presence over the

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On another note, President Obama has to take into

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possibility of an independent Puerto Rico or perhaps the

Conversely, one would assume that by analyzing the

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Lalone 9 waters and some question how that would function. Aside from the hostility, by analysis, President Obama may want to weigh the benefits of having an additional state.(5) Congressionally, if Puerto Rico were to become a state, the legislator would either have to restructure the seats for

seats in the U.S. House will Puerto Rico receive, and, more importantly, which U.S. states will lose seats to Puerto Rico. Since it is unlikely that the House will increase its number of seats beyond 435, seat assignment is a zero-sum game.(1)

Governor Fortuos policy address for Puerto Rico lastly states that:

Puerto Rico has been more than patient. The island has waited decades for us, but it cannot wait any longer.

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I ask that you evaluate the reliable and responsible patriotic opportunity presented to us in the White House proposal that I presented to you to resolve the status issue. For that we can finally see the day free from the obstacle that divides us. Let us walk together, like a united family, to the glory that the Creator has reserved for Puerto Rico. (Puerto Rico Federal Affairs Administration, prfaa.com)

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L. Poston Jr, of the Houston Chronicle states, How many

representation within Congress. A question posed by Dudley

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Lalone 10 Furthermore, the pursuit self-determination lends itself to great consequences. Should the United States effectively facilitate the functionality of and be able to determine the future authority in Puerto Rico, or should the citizens of Puerto Rico decide for statehood? Conversely, with the

whether or not the United States will assist Puerto Rico; rather, losing Americas strong stance on resolution within the realm of Puerto Ricos convolution. However, the state departments polices on births abroad also need be examined.

Research Assessment of State Department Public Policy

The Bill of Rights demonstrates guaranteed freedom, and the Fourteenth Amendment provides for that freedom in one distinct clause: Congress shall make no law abridging the freedom and privileges of citizens of the United States

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or prohibit the exercise thereof. (US CONSTITUTION, 14 Amendment, Ratified, 1868) However, the Fourteenth Amendment does little to nothing to protect those who are born abroad and are subject to abuse by use of marginalization. In contrast, numerous Americans would argue that depriving any American right to anyone of

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for statehood, the ultimate fear seems to be unrelated to

recent visit of President Obama, and the upheaval of hope

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Lalone 11 American citizenship, would be deemed contradictory to their right to guaranteed freedom. Contrary to that, if, perhaps, an individual where to be born abroad out of wedlock, the government would not consider the child legitimate and may cite otherwise as

abroad and have to acquire a certain number of residency years, the ramifications of possibly forfeiting U.S.

citizenship later on in life may pose negatively in the pursuit of happiness. The forms of citizenship rights

are inclined by individuals not born within a U.S. State and are not protected as there are limitations that fall outside the absolute guarantees of the Fourteenth Amendment.

The Fourteenth Amendment has detrimental loopholes. More particularly, the Amendment has very vague areas within the doctrine which lead to arbitrary interpretation

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related to births abroad. (Wernick, 2002) There are certain circumstances and designations within the Fourteenth Amendment that are protected and other forms that are not protected. The protection of freedoms by the Fourteenth Amendment consists principally of the privileges and citizenry of persons born to U.S. States. (Wernick, 2002)

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(Dept State) Additionally, if an individual where born

possibly being within, reckless disregard of the truth.

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Lalone 12 However, the Amendment loosely translates a prescribe declaring all persons born to U.S. citizens abroad citizenry. The specific area of the government that is

responsible for facilitating the absolute protection of the

primarily responsible for facilitating all of the United States foreign relations and most notably, directly

responsible for the United States Embassys around the world and its Ambassadors as well. (Dept State) Related to births abroad, the State Department is responsible for record-keeping of births abroad through its embassies and producing birth certificates to them similar to U.S. States for citizens born in the States. The State Department provides an organizational mission statement which relates directly to those born abroad which reads:

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The Department of State is responsible for determining the citizenship status of a person located outside the United States or in connection with the application for a U.S. passport while in the United States.

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Department of the United States. The State Department is

Fourteenth Amendment for citizens born abroad is the State

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Lalone 13 Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481), as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain specified acts voluntarily and with the

intention to relinquish U.S. citizenship. (U.S. STATE

As stated above, the State Departments rhetoric for facilitating and determining the eligibility of citizenship

States rather than the audience which it seeks to assist.

negative connotations related to it and threatens those

parents seeking to properly document their children. That

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particular discretion is left to the Consular Service of the United States of America located in the U.S. Embassy of the foreign country of birth. (Dept State) The consular service can go as far as setting determinates for citizenry as they are the sole providers of the service. An excerpt from their policies gives light on their procedures:

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appropriate or unsuitable for the relationship of the

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The State Department also decides what is deemed

seeking to have their children properly documented.

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Immigration and Nationality Act, which has potentially

The department should, rather, not mention the,

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reads more like those who are immigrating to the United

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DEPT)

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Lalone 14 Children born abroad to U.S. citizen parents may have a claim to U.S. citizenship. For births on or after November 14, 1986, a period of five years of physical presence in the U.S., two after the age of fourteen, is required. For births between December 24, 1952 and

for a parent to transmit U.S. citizenship to the child. (US STATE DEPT)

Notice the provisional guidelines that are prescribed for United States citizens who report their childrens birth abroad. The guidelines set fourth apply particularly to those born out of wedlock, perhaps to curtail immigration fraud; if so, the State Department should consider another alternative rather than marginalizing the sub-culture of military brats, discretion perhaps? If instead, the State Department had a sole conditional prescribe for the documentation preceding, arbitrary interpretation may end.

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The relationship of the parenting body has no place within determining the eligibility of citizenship. (Wernick, 2002) Speaking of interoperation, the official writing of the

Fourteenth Amendment, directly related to citizenship, reads as follows:

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presence in the U.S., five after the age of fourteen is

November 13, 1986, a period of ten years of physical

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Lalone 15 All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which

shall abridge the privileges or immunities of citizens

process of law; nor deny to any person within its jurisdiction the equal protection of the laws (US CONSTITUTION, 14 Amendment, Ratified, 1868) As the Amendment blatantly positions, No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, (US CONSTITUTION, 14 Amendment, Ratified, 1868) one would argue that the creation of State Department policy which sets conditional guidelines for citizenship, as earlier quoted, would be in complete misappropriation of the freedom. (Wendell, 2010) Perhaps, congress should take a closer look

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at the dealings within the State Department to correct the issue.

reputation for capricious decision based biases regarding its decisions applied to documentation (Ender, 2002); particularly so through, and primarily affecting, the

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The State Department has had a long standing

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person of life, liberty, or property, without due

of the United States; nor shall any State deprive any

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Lalone 16 members of the United States Armed Forces. Armed Forces families which encompass all branches of the United States Military, who travel more heavily and relocate more than most Americans experience in their lifetime. (Ender, 2002) That relocation also extends to change of duty locations abroad.

Reverting back to the Fourteenth Amendment, which provides for this contested freedom in its original clause, Congress shall make no law abridging the freedom and privileges of citizens of the United States or prohibit the exercise thereof. (US CONSTITUTION, 14 Amendment, Ratified, 1868) The State Departments polices are effortlessly sponsoring an assault on the Fourteenth Amendment. (Ender, 2002) Unfortunately, the capacity for or recognizing and respecting the due right of those born abroad, is becoming harder to come by. This abuse by marginalization is depriving American citizenship to those

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entitled to it; perhaps theres not guaranteed freedom for all.

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citizenship clauses and delivering decisions arbitrarily.

The State Department biases consist of regulating

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Lalone 17 Works Consulated 1. POSTON JR., DUDLEY L. "Puerto Rico Gain as a State Could Be Loss for Texas - Houston Chronicle." Houston News, Sports, Business, and Entertainment - The Houston Chronicle at Chron.com - Houston Chronicle. HOUSTON CHRONICLE, 3 July 2011. Web. 12 Oct. 2011. <http://www.chron.com/opinion/outlook/article/PuertoRico-gain-as-a-state-could-be-loss-for-2081728.php>. 2. Commonwealth of Puerto Rican Congress. "PRFAA | News & Media." PRFAA | Puerto Rico Federal Affairs Administration | HOME. Commonwealth of Puerto Rico, 2011. Web. 12 Oct. 2011. <http://www.prfaa.com/news/?cat=6>. 3. US CONGRESS. "Bill Summary & Status - 111th Congress (2009 - 2010) - H.R.5493." LOC (Library of Congress). US CONGRESS, 2011. Web. 12 Oct. 2011. <http://thomas.loc.gov/cgibin/bdquery/z?d111:H.R.5493:>. 4. Hawken, Ashley. "PR INTEREST." U.S. Council for Puerto Rico Statehood. The U.S. Council for Puerto Rico Statehood, 2011. Web. 12 Oct. 2011. <http://www.prstatehood.com/home/index.asp>. 5. Romn, Jos D. "Puerto Rico and a Constitutional Right to Vote." Puerto Rico and a Constitutional Right to Vote. University of Dayton, 2011. Web. 12 Oct. 2011. <http://academic.udayton.edu/race/02rights/citizen01.h tm>. 6. Schulman, Kori. "President Obama Visits Puerto Rico." President Obama Visits Puerto Rico. United States of America, 2011. Web. 12 Oct. 2011. <http://www.whitehouse.gov/blog/2011/06/14/presidentobama-visits-puerto-rico>. 7. HNEWS. "Puerto Rico Edges Closer to U.S. Voting Rights | AHN." AHN | Latest Breaking News | World, U.S., Entertainment, Celebrity Gossip, Sports. All Headline News, 12 Aug. 2011. Web. 12 Oct. 2011. <http://www.allheadlinenews.com/articles/90056986>. 8. CUNY. "Puerto Rican Voters." Puerto Rican Voters. City University of New York, 24 Sept. 2011. Web. 12 Oct. 2011. http://www1.cuny.edu/portal_ur/content/voting_cal/puer to_rican.html 9. National Governors Association. "Luis G. Fortuo." Home. National Governors Association, 2011. Web. 12 Oct. 2011. <http://www.nga.org/cms/home/governors/current-

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Lalone 18 governors/col2-content/main-content-list/luis-gfortuno.html>. 10. Varela, Julito. "Puerto Rican Republican and ProStatehood Governor Luis Fortuo Closes His Budget Speech with Colonys Status Question Franky Bentez." Puerto Rican Republican and Pro-Statehood Governor Luis Fortuo Closes His Budget Speech with Colonys Status Question. Senate of Puerto Rico, 2011. Web. 12 Oct. 2011. <http://juliorvarela.com/2011/04/13/puerto-ricanrepublican-and-pro-statehood-governor-luis-fortunocloses-his-budget-speech-with-colonys-statusquestion/>. 1. Wernick, A. (2002). U.s. immigration & citizenship. Roseville, California : Prima Publishing Company. - Research Assessment Works Consulted

11. Wendell, B. (2010). Citizenship papers . UK: ReadHowYouWant Publishing Corporation 12. 3. Ender, M.G. (2002). Military brats and other global nomads: growing up in organization families. Westport, Connecticut : Greenwood Publishing Group, Incorporated. 13. 4. Department of State, United States of America. (2010, Updated 1). Bureau of resource management. Retrieved from http://www.state.gov/s/d/rm/index.htm 14. 5. Cornell University , School of Law. (2010, Updated 1). 1401. nationals and citizens of united states at birth. Retrieved from http://www.law.cornell.edu/uscode/8/1401.html 15. 6. Department of State, . (2010, Updated 1). Birth of u.s. citizens born abroad. Retrieved from http://travel.state.gov/law/family_issues/birth/birth_ 593.html 16. 7. Department of State, Initials. (2010, Updated 1). Advice about possible loss of u.s. citizenship and dual nationality. Retrieved from http://travel.state.gov/law/citizenship/citizenship_77 8.html 17. 8. Consular Service, United States Diplomatic Mission to Germany. (2010, Updated 1). Claims to citizenship. Retrieved from http://germany.usembassy.gov/acs/claimtocitizenship/

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