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Para ver este documento en español, oprima aquí.
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| Becoming a State | 6-7, 26-28 |
| Citizenship | 13-15 |
| Cost of PR to US | 24-25 |
| Culture | 11-12 |
| Economy | 9-10, 16-18 |
| Federal Benefits | 5 |
| Investment | 8 |
| Language | 11-12 |
| Referendum | 1-2 |
| Section 936 | 19 |
| Taxes | 20-23 |
| Voting rights | 3-4 |
5. Statehood means equal treatment for federal programs.
Many programs do not apply to Puerto Rico, or receive less
funding than in the 50 States. With statehood, Puerto Rico would
get the same benefits as any other state. Currently $1.4 billion
would be available for children, health, crime protection,
income support, and other programs.
Puerto Rico is Welcome
6. The vast majority of Americans would welcome Puerto Rico
if it voted to join the Union. The people of America have
great respect and admiration for the people of Puerto Rico‹particularly
the thousands who have fought and died for the United States.
Americans believe in democracy, and believe that it is wrong to
keep a colony. The American people appreciate Puerto Rico paying
its own way, and having taxation with representation.
7. Would other states lose seats in Congress? Some states
feared they would lose representation if Puerto Ricans gained
it. Constitutionally, the House of Representatives can be increased,
so that Puerto Rico could add six Representatives and two Senators,
and no state would lose seats.
A Better Climate for Investment
(See Appendix #2: Investment)
8. Most investors‹including those in the U.S.‹are
confused about Puerto Rico. Is it a foreign country or part
of the U.S.? Investors now feel uncertainty about investing in
Puerto Rico. Lack of permanence turns off investors. Under commonwealth
investors compare the opportunity of Puerto Rico to the Dominican
Republic or Chile, or even Ireland or Singapore. Under statehood
Puerto Rico would be compared to Connecticut, Montana, New Mexico,
Mississippi and North Carolina. In this era of globalization and
NAFTA, which sounds better?
A Better Economy‹The Hawaii Experience
(See Appendix #1, the Economy;
and Appendix #3, Alaska and Hawaii)
9. What about Hawaii? Hawaii, after statehood, did much
better (as did Alaska). Its economy grew almost twice as fast
at 7% per year. Its tourism business went up an astounding 15%
each year for fifteen years after becoming a state. In fact, Puerto
Rico's tourist industry is about the same size as Hawaii's was
before it became a state.
A Higher Income
10. The benefits of statehood in real dollars. Being a
territory has Puerto Rico's economy in a rut. If Puerto Rico had
become a state in 1994, the average Puerto Rican would be earning
$1,300 more by the year 2000. Had Puerto Rico became a state in
1955, today Puerto Ricans would be earning at least $6,000 more
a year, and be more than $100,000 better off.
Protecting Puerto Rico's Language and Culture
(See Appendix #7: Culture
and Language)
11. Culture and language are important. Is there any reason
for statehood to intrude on Puerto Rico's culture? Are Latinos
on the mainland complaining about losing their culture? Are the
recent immigrants from Vietnam complaining? In fact, with statehood
Puerto Ricans would have a voice in Washington to protect their
culture.
12. Spanish and English could continue as the official
state languages. Puerto Rico would have that right as a state
under the 10th Amendment of the U.S. Constitution, a right it
doesn't have now. Legal experts agree that Congress could not
legally impose English language requirements on the States,
although it could now impose them on the Commonwealth of Puerto
Rico, and its schools and government.
Safeguarding U.S. Citizenship
(See Appendix #8: U.S. Citizenship in
Today's Puerto Rico)
13. Citizenship is not a sure thing. As long as Puerto
Rico remains a commonwealth, U.S. citizenship in Puerto Rico is
in jeopardy. Congress could decide to end U.S. citizenship and
declare independence as Puerto Rico's final status. That is a
distant but real possibility, and totally in the hands of Congress.
14. Congress (and legal experts) have rejected commonwealth
status as a permanent solution. Just the same way Congress
can increase and decrease welfare benefits and Medicaid, it can
also end the current territorial union, and thereby change the
citizenship rights of all Puerto Ricans and stop the conferral
of U.S. citizenship at birth in Puerto Rico. In California even
legal immigrants are facing problems. (See
Appendix #6 on commonwealth status for more information).
15. Only statehood can guarantee permanent U.S. citizenship.
Citizenship is now provided by U.S. law (8 U.S.C. 1402) which
Congress can alter. U.S. citizenship under the Constitution cannot
be altered by any law passed by Congress. In legal terms, Puerto
Rico is an "unincorporated territory," and subject to
the full power of Congress under the Territorial Clause of the
Constitution. That means that a future Congress could decide to
restrict or end U.S. citizenship in Puerto Rico.
The Myth of Puerto Rico's Economic Miracle
16. Why does Puerto Rico have the reputation for economic success?
Puerto Rico's economy did well for 20 years after World War
II. That respectable economic performance stopped in 1972. Since
then, the economy has stagnated. Why have so many Puerto Ricans
moved to New York and Florida?
17. Why did the economic performance seem so good? It looked
so good because Puerto Rico was compared to the Dominican Republic
and other Latin American countries, and not to Mississippi, South
Carolina, or Connecticut.
18. Living standards haven't caught up. Since 1972, Puerto
Ricans have been stuck earning a third as much as U.S. citizens
on the mainland. Unless this pattern changes, Puerto Rico will
never catch up.
Section 936 Is Dead, And What Happened To The Economy?
19. People said commonwealth status was needed to preserve
936, or the economy would go down the drain. Congress got
rid of 936 two years ago, and what happened? Things are pretty
much as they were - in fact, a little better. Unemployment has
fallen from 17% to 13%.
The Myth of Immunity from Federal Taxes
20. Puerto Rico could pay federal income taxes now
under commonwealth. Congress could act now to impose the federal
income tax. Congress has requested a study are already talking
about this. Ads on the mainland are running, "Why Should
Puerto Rico Have a Free Ride?" U.S. citizens on the mainland
are getting tired of providing benefits to the U.S. citizens in
Puerto Rico. Mainland citizens pay taxes, why shouldn't citizens
in Puerto Rico?
21. Federal tax is nothing new anyway. Puerto Ricans pay
Social Security, Medicare and unemployment insurance already.
They're all federal taxes. Congress now has full legal authority
to impose all federal taxes in Puerto Rico, in fact, to do whatever
it likes without Puerto Rico's consent or participation. When
Congress got rid of section 936 two years ago, it never checked
with Puerto Rico.
Two-Thirds Of Families In Puerto Rico Would Pay No Federal Income
Tax
(See Appendix #5: Federal Taxes)
22. Federal Taxes and the Earned Income Tax Credit. Most
Puerto Ricans wouldn't pay any federal income tax. In fact, more
than half of all taxpayers would actually receive a check from
the government through the earned income tax credit. For example,
a family of four making $10,000 would pay no federal income taxes,
and receive a direct refund of $3,656.
23. Statehood would not mean higher combined taxes. Most
Puerto Ricans won't pay any federal income tax, and will actually
get a check from the government. Current commonwealth taxes are
more than double the average state tax. There is considerable
room for cutting taxes while improving services. Statehood would
bring more federal funds and cooperation to help compensate for
needed reductions in commonwealth taxes.
The Cost of Commonwealth to the Federal Government
24. Puerto Rico costs the U.S. over $8 billion every year
(not counting earned benefits like Social Security, Medicare,
and programs for veterans). That's more than all the Pell grants
that the U.S. gives to college students nationwide. Meanwhile,
the people and businesses of Puerto Rico pay no federal income
taxes. Since 1952, the Commonwealth has cost the federal government
over $150 billion (in today's dollars). How much longer will Congress
bankroll a territory that's not interested in joining the Union?
25. Statehood would save the U.S. Treasury over $2 billion
a year. Through faster growth and tax revenues, the federal
government would save money over the current status, even after
fully funding federal programs for U.S. citizens in Puerto Rico.
Becoming A State
26. What are the steps to statehood? If Puerto Ricans vote
for statehood in December, the government will petition Congress,
which must vote to accept any new states. The admission of a new
state requires the passage of an admission law voted for by a
simple majority (more than half) of both Houses of Congress, and
approved by the President. Over the past 200 years, Congress has
acted 37 times to accept 37 new states. In fact, Congress has
never voted to reject or deny any territory that petitioned Congress
to become a state.
Puerto Rico: The Political Crystal Ball
27. Democrats or Republicans? When Alaska became a state,
they thought it would be Democratic, and it turned out Republican.
For Hawaii, it was the other way around. Typically, poorer people
and minorities have tended to vote for the Democratic Party. However,
if we take a profile of the Puerto Rican people in terms of their
family values, pro-life beliefs, and support for school prayer,
they come out very Republican. In other words, one cannot predict
politics, particularly ten or twelve years into the future.
The Transition to Statehood
28. What about the transition period to statehood? There
would be a transition period between Congress' acceptance of the
referendum results and statehood, although its length is uncertain.
(5 to 10 years is likely) However, the transition would present
opportunities for investors, since they would know that Puerto
Rico would become a state. On the other hand, the transition period
would allow benefits and taxes to be phased in gradually.
Appendices |
#1: The Economy
#2: Investment
#3: Alaska and Hawaii
#4: Federal Benefits
#5: Federal Taxes
#6: Commonwealth Status
#7: Culture and Language
#8: U.S. Citizenship in Today's Puerto Rico
The uncertain "half-in, half-out" commonwealth status is blocking the island from realizing its potential. Statehood would create a stable investment environment and create better economic opportunity. Globalization is here, and NAFTA is a reality. Investors now compare Puerto Rico with the Dominican Republic, Costa Rica, or even Singapore. With statehood, Puerto Rico would be compared to Mississippi, South Carolina, or Connecticut.Slow growth under commonwealth has cost U.S. citizens in Puerto Rico dearly. If Puerto Rico had become a state in 1955, every Puerto Rican would now be earning $6,000 more each year. That's over $100,000 over time. |
"the unceasing debate about the island's political status and the uncertainty about its future is sapping Puerto Rico's strength to stand on its own feet and deal with its severe economic problems" (#1).
More Evidence for the Economic Benefits of Statehood
… States have grown 2% faster than territories. Historical
data shows states' faster growth over time (#3). Most recently,
Alaska and Hawaii experienced faster growth, increased investment,
and improving living standards after becoming U.S. states. (See Appendix #3).
… Poorer states in the U.S. have been growing faster and
catching up with richer states. Full integration in the U.S.
has stimulated convergence, or the "catch up effect."
Mississippi, for example, has grown twice as fast as wealthier
Northeastern states since 1940. In 1940, it earned only 22% as
much as the richest state. Through faster growth, it has narrowed
the gap to 50% as much. Puerto Rico hasn't grown like these states:
it has been stuck earning a third as much as the mainland average
for almost 30 years.
Puerto Rico needs investment to grow. Investors have been discouraged from risking their money on the island by the continuing uncertainty over the island's status. To realize its potential, Puerto Rico must resolve the debate, and establish a permanent status. Statehood would create an environment of stability and permanence to attract needed capital and generate long-term growth. |
Like in the Hertz commercials, you're either Hertz or "not exactly." As a commonwealth, Puerto Rico now fits in the "not exactly" category.
… Statehood would increase investment by eliminating
existing uncertainty over status and creating a stable political
environment. As Robert Picciotto of the World Bank recently
wrote, "from the perspective of external investors, it is clear that only statehood would definitely
and immediately lift [political] uncertainty"
(#4). Statehood would similarly eliminate the persistent uncertainty
over possible changes in tax and economic policy under the existing
commonwealth status. Moody's Investors Service, recently issued
a special report on Puerto Rico, which found that a transition
to statehood would make the island "more
attractive to strategic business investment" (#5).
… Puerto Rico's unresolved political status has discouraged
investment. Investors perceive the uncertainty and impermanence
that characterizes the commonwealth status. As a result, investors
pursue shorter-term, higher return projects to compensate for
added political risk.
… Investment has been insufficient to generate strong economic
growth under commonwealth status. Businesses badly need investment
to grow and create new jobs. Since an initial boom in the 1950's
and 1960's, investment in Puerto Rico has dropped to less than
half those levels, and now at around 14% of GDP (#6).
… Capital has been flowing out of Puerto Rico faster than
it has been coming in. Between 1981 and 1994, Puerto Rico
actually sent out $2.2 billion more than it took in. This outflow
reflects a lack of faith among local and outside investors in
the Puerto Rican economy, and general uncertainty over the island's
political status.
… Statehood would encourage foreign investment in Puerto
Rico. Foreign investors are even more confused about Puerto
Rico than mainland investors. A recent lawsuit brought by a Belgian
subsidiary of Wrangler challenged Eastpak's right to use the "Made
in the U.S.A" label on bags manufactured in Puerto Rico (#7).
In the eyes of foreign investors, Puerto Rico is also "not
exactly" part of the U.S. Statehood would make the island
a full and unequivocal part of the U.S., with its associated stable
political and economic institutions.
… With increasing trade liberalization and capital mobility,
Puerto Rico's nebulous commonwealth status will be an even greater
disadvantage in attracting investment. As part of the U.S.
tariff system, Puerto Rico enjoyed an advantage over neighboring
developing countries. With growing free trade through NAFTA, MERCOSUR,
and CARICOM, Puerto Rico's once privileged trade status is eroding.
Money can now move across the world in seconds. As the competition
for investment intensifies, statehood would distinguish Puerto
Rico from other locations in the Caribbean, Latin America, and
around the world.
Statehood brought sustained faster growth to Hawaii and Alaska. These most recent states experienced higher investment and rising living standards. The Hawaiian economy grew about twice as fast, and tourism increased at 15% a year for 15 years. |
"Hawaii's powerful growth likely "set an all-time record for sustained high-level expansion for any state or region in the nation" (#11).
… Statehood boosted Hawaiian tourism. Yearly visitors
to Hawaii increased fifteen-fold between 1958 and 1973,
and averaged a 20 percent per year increase for 15 years (#12).
Tourism spending grew at a real annual rate of 15.1% and increased
from 6% to comprise 19% of the economy during the same period.
Puerto Rico's tourist industry is now the same size as Hawaii's
when it became a state.
… Alaskan economy expanded with statehood. Alaska
experienced a similar surge of growth following statehood, with
per capita income jumping by 69% from 1960 to 1969 from $2,743
to $4,638 (#13). Real personal income grew at 7% a year, more
than 50% above the U.S. growth rate, throughout the period 1961
to 1973 (#14). Exports tripled during the same period and tourism
also increased significantly.
… Statehood inspired investor confidence. As territories,
both Alaska and Hawaii were placed in the foreign trade departments
of mainland corporations. With statehood, both states became domestic
locations, and investor confidence and familiarity increased.
"The United States General Accounting Office wrote that statehood made investment more available in Hawaii "by removing psychological barriers to investing in a 'foreign' entity" (#15).
Bank of Hawaii economist Thomas Hitch wrote that after statehood, "national business firms with activities all over the country began asking themselves why they were not doing business in Hawaii. Those that already had connections with Hawaii transferred the Hawaii market program out of the foreign department and put it in the domestic department" (#16).
… Statehood stimulated higher levels of investment. Investment
increased dramatically in both Hawaii and Alaska, as investor
confidence soared.
External investment in Hawaii, for example, tripled from $168 million in 1958 prior to statehood to $625 million in 1969 (#17).
The number of outside firms doing business in Hawaii jumped from 311 in 1955 to 1,916 by 1971, a better than six-fold increase. Economist and historian Thomas Hitch writes that this increase "would have taken a generation or two to achieve" without statehood (#18).
U.S. citizens in Puerto Rico get fewer benefits for health, crime protection, education, income support, and other programs. Under commonwealth, this unequal treatment is perfectly legal and can continue indefinitely. Congress is not likely to offer full and equal benefits as long as Puerto Rico doesn't pay taxes and aren't interested in becoming a state.As a state, Puerto Rico would be treated equally and receive $1.4 billion more in federal funds each year for health, education, children, crime protection, and other programs. |
"Congress has the power to treat Puerto Rico differently, and every federal program does not have to be extended to it." Califano v. Torres, 435 U.S. 1 (1978).
Congress can legally provide lower welfare benefits to U.S. citizens in Puerto Rico. Harris v. Rosario, 446 U.S. 651 (1980).
c. Statehood would end this legal discrimination and guarantee
equal treatment under the Constitution. As a state, Puerto
Rico would be a full partner in the Union, and its citizens guaranteed
equal treatment under the Constitution. U.S. citizens in Puerto
Rico would receive the same benefits as U.S. citizens in Florida,
New York, or any other state.
d. Equal funding with statehood would mean $1.4 billion more
each year. Statehood would result in more money to fund health,
health insurance for children, education, crime protection, income
support, and many other programs. A few examples are listed below
of the kinds of programs and benefits that Puerto Rico would receive
as a full and equal partner in the Union.
|
Medicaid.
Health insurance for the needy and low-income. Food Stamps. Federal money
for the needy to buy food. Supplemental Security Income. Federal
money for the needy elderly and disabled, with benefits of between
$446 and $650 a month. State Children's Health Insurance
Program (S-CHIP). Federal program providing health
insurance for low-income children. |
Commonwealth does not protect Puerto Ricans from paying federal income taxes. It is not a question of "if" Puerto Rico will pay full taxes, but when. Puerto Rico will have to pay its way.In the event of full federal taxation, most Puerto Ricans would not pay any federal income taxes, and a majority would get government checks through the Earned Income Credit. With statehood, Puerto Rico tax rates could be cut so that the average taxpayer pays less or the same as before. Increased federal transfers and improved efficiency would more than make up for lower revenues. |
A bill is now before Congress which proposes a study of phasing in all federal taxes in Puerto Rico (HR 4769, "Fiscal Equity and Responsibility for Puerto Rico" submitted by Phil English of Pennsylvania).
Ads on the mainland are running, "Why Should Puerto Rico Have a Free Ride?"
Both Hawaii and Alaska paid all federal taxes, including the federal income tax, prior to becoming states.
b. Congress has full legal power to impose all federal taxes
in Puerto Rico. Under the Territorial Clause, Congress has
broad powers to legislate and regulate in Puerto Rico. (See
Appendix #6). The power to tax is part of Congress' broad
power over Puerto Rico.
c. Very few Puerto Ricans would owe any federal income tax.
For example, married taxpayers with two children don't start paying
federal income taxes until they make about $25,000. See table
1 below for the amount of tax free income for different filers.
At least two-thirds of Puerto Rican families with children don't earn enough to pay any federal taxes.
The Puerto Ricans who do not make enough money to file returns now will not owe any federal tax, and most will also get money back.
d. Most families in Puerto Rico will get checks from Washington
through the Earned Income Credit. The credit was designed
to support working families in America. Unlike other tax credits,
the earned income provides up to $3,656 a year in as a direct
payment. The credit is available for families who make up to $28,495.
See table 2 below for more eligibility and benefit information.
e. The overall tax bill for most Puerto Ricans owing
federal tax would actually drop or stay the same. There is
considerable room to cut high local rates (more than double what
is owed in the average state), while improving public services.
Statehood would provide additional federal funds and cooperation
to help compensate for lower local tax revenues.
With statehood, it is estimated that Puerto Rico could reduce its overall spending by 45%, and cut income tax rates by 72%. See table 3 for current and proposed Puerto Rico tax rates under statehood. Puerto Rican taxes would be harmonized with the other states, and overall tax burdens would be mostly reduced or unchanged.
For example, a family with two children making $20,000 would pay $2,503 less than before. See table 3 for examples of reduced tax burdens under statehood
| Filing Status | Maximum Earned Income Without Owing Any Federal Tax |
| Married with 2 children | $24,399 |
| Head of Household with 2 children | $22,949 |
| Married with 1 child | $20,499 |
| Head of Household with 1 child | $18,799 |
| Married with no children | $14,854 |
| Single | $ 7,799 |
| Type of Taxpayers | Maximum Income | Maximum Credit |
| Single filers | $9,500 | $323 |
| Families with one child | $25,078 | $2,152 |
| Families with two or more children | $28,495 | $3,656 |
| Income | PR Taxable Income | Proposed PR Tax Liability | Federal Tax | Total Tax | Current PR Tax Liability | Difference |
| $10,000 | $1,400 | $31 | ($3,656) | ($3,625) | $112 | ($3,737) |
| $20,000 | $11,400 | $359.47 | ($1,574) | ($1,215) | $1,288 | ($2,503) |
| $30,000 | $21,400 | $768.06 | $1,879 | $2,647 | $2,752 | ($105) |
| $40,000 | $31,400 | $1,321.21 | $3,379 | $4,700 | $4,734 | ($34) |
| $50,000 | $41,400 | $2,186.39 | $4,879 | $7,065 | $7,834 | ($769) |
| $60,000 | $51,400 | $3,059.39 | $6,551 | $9,610 | $10,962 | ($1,352) |
| Income | PR Taxable Income | Proposed PR Tax Liability | Federal Tax | Total Tax | Current PR Tax Liability | Difference |
| $10,000 | $6,700 | $202 | $484 | $686 | $724 | ($38) |
| $20,000 | $16,700 | $537 | $1,984 | $2,521 | $1,924 | $597 |
| $30,000 | $26,700 | $1,034 | $3,484 | $4,518 | $3,706 | $812 |
| $40,000 | $36,700 | $1,780 | $6,099 | $7,879 | $6,377 | $1,502 |
| $50,000 | $46,700 | $2,645 | $8,899 | $11,544 | $9,477 | $2,067 |
| $60,000 | $56,700 | $3,548 | $11,699 | $15,247 | $12,711 | $2,536 |
Under commonwealth, Puerto Rico is still a territory subject to the full power of Congress. Commonwealth is not a permanent status, and could be changed or ended at any time by Congress. Congress could act now to impose full federal taxes on Puerto Rico. In the 50 States, culture and language are protected by the Constitution‹not in Puerto Rico. |
"The Congress shall have power to dispose of and make all needful rules and regulations respecting the Territory or other property belonging to the United States." Article IV, Section 3, Clause 2 of the United States Constitution."
Commonwealth Never Changed Puerto Rico's Status As A
Territory
2. Puerto Rico is still a territory under the full control
of Congress. Congress provided Puerto Rico with local self-government
through the Federal Relations Act (Public Law 600). Public Law
600 does not have the authority to change the nature of the relationship
between Puerto Rico and the U.S., or restrict Congress' power
over Puerto Rico through the Territorial Clause. These congressional
reports and statements are clear:
"It is important that the nature and general scope of [the bill] be made absolutely clear. The bill under consideration would not change Puerto Rico's fundamental political, social and economic relationship with the United StatesŠ" Report of the Public Lands Committee of the United States House of Representatives.
"Their fundamental status is unchanged." U.S. Representative Jacob Javits.
Federal courts have drawn the same conclusion.
Puerto Rico was a territory "both before and after the adoption and approval of its constitution." Detres v. Lions Bldg. Corp. 234 F. 2d 596."Puerto Rico is still constitutionally a territory, and not a separate sovereign." U.S. v. Sanchez, 992 F. 2d 1143.
Puerto Rico is still within the power of Congress under the Territorial Clause. Americana of Puerto Rico v. Kaplus, 368 F. 2d 431.
Commonwealth Could Be Changed Or Ended At Any Time
3. The commonwealth status is subject to change without Puerto
Rico's consent. Puerto Rico's commonwealth status is set by
law, and not guaranteed by the Constitution. Commonwealth is based
on federal laws that Congress could change at any time in the
future. It is not a guaranteed or permanent status. Congress
soundly rejected the idea of permanent commonwealth this year.
The federal courts and legal experts are also clear on the subject:
P.L. 600 does not in any way prevent "a future determination by the Congress of Puerto Rico's ultimate political status." Report of the Public Lands Committee of the United States House of Representatives.
"Congress may unilaterally repeal the Puerto Rico Constitution or the Puerto Rico Federal Relations Act and replace them with any rules or regulations of its choice." United States v. Sanchez, 922 F.2d 1143 (11th Cir. 1993).
4. Commonwealth is not a permanent status under the
Constitution. International law and the U.S. Constitution
do not recognize commonwealth as a permanent status. There are
only two permanent choices. A territory either moves on
the path to statehood, like Hawaii and Alaska, or towards independence,
like the Philippines. Free association is a temporary status based
on a treaty of association between two independent nations; either
country could end the relationship at any time.
Commonwealth Does Not Protect Puerto Rican Culture And Language
5. Congress now has full power to impose English language
requirements in Puerto Rico schools and government. Through
its power over Puerto Rico under the Territorial Clause, Congress
has broad authority to impose language regulations that would
not be legal under statehood.
6. Statehood would protect Puerto Rico language and culture.
Under the 10th Amendment, the States retain any powers not
delegated to the federal government. These powers include culture,
language, civic education, health and safety, etc. English and
Spanish could continue as the languages of government in Puerto
Rico under statehood. Quite simply, the Constitution does not
give the federal government power to impose language requirements
on the States. There are no such protections as long as Puerto
Rico remains a territory.
Commonwealth Does Not Protect Against Federal Taxation
7. Congress could act to impose all federal taxes now, under
commonwealth. In fact, Congress is currently studying the
issue. Why should Congress keep spending over $11 billion a year,
when Puerto Rico makes no contribution? Why should Washington
not impose full federal taxes on Puerto Rico?
A bill is now before Congress which proposes a study of phasing in all federal taxes in Puerto Rico (HR 4769, "Fiscal Equity and Responsibility for Puerto Rico" submitted by Phil English of Pennsylvania).
Ads on the mainland are running, "Why Should Puerto Rico Have a Free Ride?"
Both Hawaii and Alaska paid all federal taxes, including the federal income tax, prior to becoming states.
Culture and language are protected with statehood. As a territory under the full power of Congress, Puerto Rico is now subject to language restrictions and regulations that would not be legal with statehood. Only statehood guarantees protection of language and culture under the Constitution. |
"In statehood, the language and culture of the island -- rich in history and tradition -- would be respected, for in the United States the cultures of the world live together with pride." (January 12, 1982)
There are already 27 million Hispanic Americans living throughout the fifty states (seven times the number in Puerto Rico) and by 2005 they will comprise the largest minority in the U.S. By 2025, Hispanics will be the majority in Texas and other states.
2. The federal government does not have the power to impose language requirements on the States. The 10th Amendment of the U.S. Constitution reserves the power over language to the individual States. That means that Congress cannot legally impose language requirements on State governments, schools, or courts.
English is already the official language of the federal government and U.S. courts in Puerto Rico. That wouldn't change with statehood.
English and Spanish are the official languages of the Puerto Rican government, and that won't change either. In fact, Hawaii also has two official languages: English and Hawaiian.
3. As a territory, Puerto Rico is subject to language requirements by Congress that would be illegal for the States. Through its power over Puerto Rico under the Territorial Clause, Congress could require "English-only" in Puerto Rico schools, government, or courts. Such restrictions on U.S. States would be illegal.
U.S. citizenship of Puerto Ricans will always be at risk, as long as Puerto Rico remains a commonwealth. Because the U.S. citizenship of Puerto Ricans is provided by law, a future Congress could decide to restrict U.S. citizenship or even take it away. Only statehood can safeguard citizenship for this and future generations in Puerto Rico. |
| Status Options | U.S. Citizenship |
| Statehood | Permanent |
| Fully protected by the U.S. Constitution Rights guaranteed under the 14th Amendment Full voting rights |
|
| Commonwealth | Temporary and subject to restriction or removal |
| Provided by law and not protected from
Congressional legislation Rights not fully guaranteed under the 14th Amendment No voting rights in Congress or for the President |
|
| Independence | Not available for anyone born in Puerto
Rico Current U.S. citizens could have to choose between Puerto Rico and the U.S. Congress probably won't grant dual citizenship for 4 million people who have decided against a relationship with the U.S. Those who chose the U.S. could have to move to the mainland. |
1. U.S. citizenship for future generations in Puerto Rico
is not guaranteed. A future Congress has legal power
to stop providing U.S. citizenship for anyone born in Puerto Rico.
The U.S. citizenship of Puerto Ricans is provided for in a law,
the Jones Act of 1917, and laws can be changed. U.S. citizenship
in the 50 states is protected by the Constitution in the 14th
Amendment.
Consider the testimony of Senior Specialist Johnny Killian from
the Congressional Research Service on March 9, 1989:
"The Fourteenth Amendment [which protects citizens born in the U.S. or naturalized] would not restrain Congress' discretion in legislating about the citizenship status of Puerto Rico.
"There is no Constitutional requirement nor guarantee that Congress must maintain the current statutory provision for citizenship based on birth in territory outside the several states. To imply otherwise, in my opinion, would be wrong."
Pledges Are Not Guarantees
2. Pledges by members of Congress to continue providing Puerto
Ricans with U.S. citizenship are legally invalid. No Congressmen
can make such promises‹they can't control what Congress does
in the future. Should U.S. citizenship be uncertain and left in
the hands of future politicians?
Just ask the U.S. citizens of Guam, who needed entry and exit permits to travel until 1964.
"Second Class" Citizenship Under Commonwealth
3. Puerto Ricans lack the same rights as other U.S. citizens,
and don't enjoy the same Constitutional protections. Puerto
Ricans can't vote for Congress or the President, and have no voice
in making the federal laws that affect them. The 14th Amendment
of the Constitution protects U.S. citizens who were naturalized
or born in the 50 states, but it doesn't guarantee Puerto Rican
"statutory citizens" the same rights (the right to vote,
for example). Only statehood guarantees full and permanent U.S.
citizenship with equal rights under the Constitution.
The Effect of Independence On U.S. Citizenship
4. Independence is incompatible with U.S. citizenship.
Any Puerto Ricans born in Puerto Rico after the declaration of
independence would not be U.S. citizens. Current citizens could
be forced to give up their citizenship, or choose between Puerto
Rico and the U.S. citizenship. Even if they chose U.S. citizenship,
current U.S. citizens may have to live in the U.S. to keep it,
according to the Department of Justice.
Free Association and Citizenship
5. U.S. citizenship is at risk under free association.
Free association is a treaty arrangement between two independent
nations. Current U.S. citizens would have to decide between U.S.
and Puerto Rican citizenship, as they would under independence.
Dual citizenship would be constitutionally unprecedented and politically
unlikely. Why would Congress grant U.S. citizenship to people
born in an independent Puerto Rico?
6. Free association is terminable at will by either party,
at any time. As a treaty based relationship, free association
and any special immigration or travel rights could be ended at
any time.
The Pacific Islands of Marshall, Micronesia, and Palau, the nations now in free association with the United States, were never offered and do not have free association with dual U.S. citizenship.
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