Abstract
Ever since its annexation by the United States in 1898, the status
of Puerto Rico has never proven satisfactory for either side. While Puerto
Ricans have US citizenship and receive federal aid without paying federal
taxes, they do not have representation in Congress and cannot vote in
presidential elections. Puerto Rico therefore still meets the definition of a
colony, and the mismanagement resulting from having two separate governments
has allowed the island to decay into a failing state.
The status of Puerto Rico has
not been the subject of much attention from the US government, as it has been
preoccupied with more pressing domestic and foreign policy issues, and it can
be difficult to tell which category Puerto Rico belongs in. However the US
government wishes to define the relationship, Puerto Rico’s economic crisis can
no longer be ignored, and the current political arrangement is no longer
tenable. The time has come to prepare Puerto Rico for independence through a
process that is managed, peaceful, and mutually beneficial, so that the
island’s government can sort its problems out and the friendly relationship
between the United States and Puerto Rico will continue well into the future.
“Our
forefathers never envisioned that the United States would keep territories
indefinitely, as imperial powers sought to keep colonies, thereby denying
fundamental rights to some citizens.
Given
the intent of the framers of the Constitution, the residents of Puerto Rico
must either preserve their American citizenship with all its rights and
obligations under statehood or renounce it to govern themselves separately as a
nation. There is no provision in the Constitution for second-class American
citizenship.”[1]
---Luis
Fortuño, 10th Governor of the Commonwealth of Puerto Rico
(2009-2013)
In terms of constitutional and international law, the relationship
between the Commonwealth of Puerto Rico and the United States is a
controversial subject. Puerto Rico is a Spanish-speaking territory far removed
from the US mainland that does not have any particular importance in terms of
geostrategic location or natural resources. While the US-Puerto Rico pairing
has proven fairly successful, Puerto Rico is not a good candidate for statehood
and would probably be better off now as an independent nation.
The
relationship between the US and Puerto Rico has never been clearly defined from
a legal standpoint. Even now, the commonwealth relationship does not conform to
post-colonial norms for international law.[2]
The position of the US government as recently as 2005 is that, as a “property”
of the United States, Washington has the sole authority to dispense with Puerto
Rico without the island’s citizens or government having any say.[3]
Most residents of Puerto Rico
had been content with the commonwealth status that has prevailed since the
early 1950s, but the island is now in severe economic turmoil and a significant
contributing factor is the political arrangement with the US. For far too long
Puerto Ricans have either been unauthorized (because of their commonwealth
status) or unwilling to manage their fiscal affairs responsibly, and dependence
on federal welfare has only caused the island’s economy to further atrophy.
The
simple fact is that Puerto Ricans are subject to laws and policies made by a
government in which they have no real voice.[4]
Additionally, a sizable contingent of Puerto Ricans view the dominance of the
United States as a theft of their cultural identity, not just their political
freedom.[5]
Now frustrated
with the pathetic performance of their local government in letting the fiscal
crisis grow out of control, and tired of the indifference shown by the federal
government, Puerto Ricans have realized that having two governments is
tantamount to having none. A referendum showed majority support among Puerto
Ricans for statehood for the first time in 2012 after other referenda failed to
gain majority support in 1967, 1993, and 1998.[6]
From the standpoint of the
US, adding a debt-bloated, non-English-speaking state in the Union would have
profound negative consequences for everyone involved. On the other hand,
maintaining the current status and thereby having to continuously bail out
Puerto Rico is unsustainable. The Congress of the US, which has sole authority
over the governance of Puerto Rico according to Article IV, Section 3 of the
Constitution,[7] must now
find a way to reconcile the territory’s status in a way that protects the
interests of Americans on the mainland as well as the residents of Puerto Rico.
The need for action is urgent.[8]
The only viable solution is for the federal government to thoughtfully
transition Puerto Rico toward independence in a way that prevents the island
from becoming a failed state, which is what it is already bound for under the
present arrangement.
HISTORY OF U.S. POLICY REGARDING PUERTO RICO’S STATUS
In 1898 the Treaty of Paris ended the Spanish-American War and
made Puerto Rico and a few other territories the property of the US, which
meant the United States had officially become an imperial power for the first
time. This presented the US government with a constitutional challenge it was
not prepared for. The Foraker Act of 1900 set up a system of limited popular
government in Puerto Rico, and the Jones Act of 1917 gave all residents of
Puerto Rico US citizenship,[9]
but the status of the island in terms of its relationship with the United
States was left unresolved. Throughout the first half of the twentieth century,
waves of political violence against the colonial government in Puerto Rico
plagued the island.[10]
While much of this stemmed from Marxist agitators, a lot of the criticism was
legitimate and Congress knew it had to make a better attempt to resolve the
status issue.
By mid-century, the world was
in the throes of widespread decolonization but the US wanted Puerto Rico for
strategic purposes and Puerto Ricans did not want to lose their economic ties
to the US even if they were not given the fairest treatment in trade deals.[11]
It seemed as if most Puerto Ricans were content with their homeland being a
territory of the US, and neither the US nor the people of Puerto Rico desired
making it a state.[12]
In July 1950 President Truman signed the Puerto Rico Federal Relations Act
intended to give Puerto Ricans a greater degree of sovereignty by forming their
own constitution, just as each of the states had done. Because Puerto Rico
supposedly submitted to US hegemony voluntarily, and because the US attempted
to allow Puerto Rico a greater degree of autonomy, the UN removed Puerto Rico
from its list of non-self-governing territories even though the island is only
partially self-governing at best.[13]
Nevertheless, by 1952 Puerto
Rico had adopted its own constitution recognizing the US president as the head
of state, and the “Commonwealth” era began. Legally speaking, Puerto Rico still
very much resembles a colony,[14]
but the
commonwealth arrangement prevails to this day even though the public debt
disaster is making it look increasingly unsustainable. Furthermore, the status
dilemma has proven to be an inexhaustible font of propaganda for anti-US
demagogues who, while caring not a whit for the Puerto Rican people, have
ceaselessly complained about their alleged colonial exploitation for no other
reason than to shame the United States.
In response to accusations
made by other countries that Puerto Rico was being treated unfairly by the US government,
a Joint Resolution was issued by Congress in 1979 that reaffirmed the US
government’s commitment to Puerto Rican self-determination. In 1989 the issue
of reconsidering Puerto Rico’s status was introduced into the US Senate.[15]
During the second term of the Clinton administration, Rep. Don Young (R-AL) and
Senator Larry Craig (R-ID) introduced legislation seeking an answer to the question
of whether Puerto Ricans wish to continue with their commonwealth status. One
month before leaving office, President Clinton issued Executive Order 13183
establishing the President’s Task Force on Puerto Rico’s Status. President Bush
continued the Task Force and issued another Executive Order stating that it
should meet at least once every two years. The Task Force issued reports in
2005 and 2007, but in 2009 President Obama issued Executive Order 13517 which
made the work of the Task Force less about self-determination for Puerto Ricans
and more about pushing the social and economic agenda of the Obama administration
more deeply into Puerto Rican society. After the surprising results of the 2012
referendum, federal action on the status issue has stalled and the focus now is
on trying to solve Puerto Rico’s financial crisis.
THE CURRENT CRISIS AND THE NEED FOR ACTION
Puerto Rico’s debt is at least 72 billion dollars even though it
has only about 3.5 million residents. If Puerto Rico were a state, it would
have a higher public debt-to-personal income ratio than any of the 50 states.
Governor Alejandro García Padilla, the head of Puerto Rico’s government, recently
testified before Congress that the island is effectively out of money. As
neither a state nor a local jurisdiction within the US, Puerto Rico cannot
declare bankruptcy but Congressional legislation has been introduced that would
give the island Chapter 9 bankruptcy protection. That, however, is not a
long-term solution.
Puerto Rico suffers not only
from an underperforming, debt-riddled economy but the socio-economic maladies
that typically accompany it. The Puerto Rican government’s lack of authority to
manage the island’s borders—which resides with the US Congress—has been blamed
for its failure to control the illicit drug trade and its inability to lower
the extremely high rate of violent crime in Puerto Rico.[16]
Mass migration to the US in recent years is indicative of the severity of the
economic crisis on the island.[17]
Puerto Rico is on the brink
of total collapse, and the irony is that the US government is both the enabler
of, and the scapegoat for, virtually all of the island’s woes. That is not to
say the federal government caused the existential problems now threatening
Puerto Rico, but it did neglect the growing welfare state for far too long and
then reflexively responded with bailouts that only further contributed to the
runaway public debt. Congress deserves blame for not properly carrying out its
supervisory role, but the fact is that Puerto Rican politicians and the people
who voted for them are mostly responsible for the mess by continually
increasing public spending and failing to create an attractive business
climate. Gridlock reigns as each government expects the other to take the
initiative in reforming Puerto Rico’s economy. If the issue of Puerto Rico’s
status is not resolved soon, there really will be no limit to how bad the
crisis can become.
THE U.S. MAINLAND’S POSITION ON THE STATUS ISSUE
Not surprisingly, the US government spends little time on issues
concerning Puerto Ricans because their political representation in the US is hardly
satisfactory. Puerto Ricans cannot vote for president (although, oddly enough,
they can vote in presidential primaries) and they have no representation in the
Congress except for a non-voting official known as the Resident Commissioner. The
US government is therefore constantly preoccupied with more pressing domestic
and foreign policy issues than Puerto Rico’s status and it is difficult to tell
which of those categories this issue belongs in, despite the US government’s
assertion that Puerto Rico’s status is an “internal matter”, not an international
one.[18]
On those rare occasions when
the tribulations of Puerto Rico are the subject of any Congressional attention
at all, it comes almost exclusively from the Senate Committee on Energy and
Natural Resources and the House Committee on Natural Resources, particularly
the Subcommittees on Federal Lands; and Indian, Insular & Alaska Native
Affairs. The western-state politicians who usually comprise these Committees
might have good intentions but are far removed from Puerto Rico, and those with
strong ties to the island are typically liberal Democrats who offer destructive
political solutions such as more spending on Puerto Rican welfare or making it
a state. US presidents rarely speak on Puerto Rican issues, and although the
Obama administration has made the usual overtures toward self-determination, it
had to back away after the 2012 referendum produced results it was not prepared
for.
As for the US citizenry, much
hay has been made of the most recent status referendum in Puerto Rico, but the
opinion of the mainland population is just as important. The status of Puerto
Rico is not a pressing issue for most citizens or pollsters in the US, and the
scant polling that has been done reveals no helpful information. In 1998, a Gallup
poll showed a nearly three-way tie: 28% for independence, 30% for statehood,
and 26% for the status quo.[19]
PUERTO RICO’S POSITION ON THE STATUS ISSUE
The status question dominates Puerto Rican politics. It is the
central issue of the two major political parties—one is pro-statehood and the
other pro-commonwealth—and their respective solutions to the status dilemma do
not neatly coincide with the Democrat and Republican platforms. As a
consequence, it is difficult to get a read on how Puerto Ricans feel about the
Democrat/Republican divide or the statehood debate by looking at election
results alone. The ouster of a pro-statehood Republican governor on literally
the same day statehood was a big winner on the status referendum epitomizes the
confusion.
Right now, both mainstream
political parties in Puerto Rico are headed by liberal Democrats. The governor,
Alejandro García Padilla, represents the pro-commonwealth Popular Democratic
Party (PPD), and the Resident Commissioner is the fiercely pro-statehood Pedro
Pierluisi, the titular head of the pro-statehood New Progressive Party (PNP).
Rep. Pierluisi is a serious threat to the body politic of the United States,
having used his position to introduce legislation intended to make Puerto Rico a
state under ambiguous names such as the Puerto Rico Democracy Act (H.R. 2499)
in 2010 and the Puerto Rico Status Resolution Act (H.R. 2000) in 2013 before
finally introducing the boldly titled Puerto Rico Statehood Admission Process
Act (H.R. 727) in 2015.
The statehood threat is
bipartisan. The previous governor Luis Fortuño has demonstrated an excellent
understanding of the impossibility of maintaining Puerto Rico’s commonwealth
status, but he is also a staunch advocate for statehood. Having achieved a
modicum of fiscal success while governor of Puerto Rico, Fortuño was able to
use his position as a Latino Republican leader—a rare specimen widely coveted
by GOP elites—to spread pro-statehood propaganda to unsuspecting conservatives
in the US.
Because the pro-independence
side had chosen to boycott previous status referenda,[20]
gauging the true opinions of Puerto Ricans toward independence becomes even
more difficult. Wise Puerto Ricans have long been skeptical of the independence
movement, correctly identifying it as a guise for a socialist takeover. The
Puerto Rican Independence Party (PIP) is the largest among a handful of tiny
socialist-independence parties that are faithful to the tradition of the
independence movement’s inability to get out of its own way. These parties
still rely on dated Marxist slogans and anti-US platitudes instead of building
constructive political platforms and, not surprisingly, they have virtually no
representation in Puerto Rico’s government at any level.
Another problem is that the
two-tiered question format on the status referendum causes a lot of confusion
about what Puerto Ricans truly want. The first question asks if the voter
wishes to continue with the status quo, and if the answer is ‘no’, a second
question asks the voter to choose independence, statehood, or something called
a “free associated state”. Of the voters who answered ‘no’ to the first
question, that last option was chosen by about one-third, statehood by 61% and
independence by only 5.5% of those who bothered to choose one of three options;
more than a quarter of ‘no’ voters simply left the second question blank. This means
there are only two serious proposals coming from the Puerto Rican side right
now, both of them unhelpful: continual bailouts, or statehood (which is a form
of perpetual bailout, as will be demonstrated later).
EVALUATION OF FAILED PROPOSALS TO RESOLVE THE STATUS ISSUE
It has been proposed that Puerto Ricans should be able to choose
their destiny through a self-executing referendum, but this is not sound
policy. The mistake was allowing Puerto Rico to even consider the possibility
of statehood as a status option on the four referenda taken in 1967, 1993,
1998, and 2012. Each subsequent referendum showed progressively increased
support for statehood, but it was not until 2012 that it finally got a
majority. At least the last three presidential administrations have tried to
respect international law principles of self-determination by initiating a path
to a self-executing referendum on Puerto Rico’s status, but that would be
skirting US constitutional law. Puerto Rico’s status is ultimately left up to
the US Congress according to Article IV, Section 3 of the Constitution, which
supersedes any form of international law. Admitting Puerto Rico as a state
would require the permission of the Puerto Rican legislature—not the voters—in
addition to Congressional approval. A binding referendum is inadvisable, but if
it is to be done, it must be only one question with only two choices: either
giving the US total authority over local governance in Puerto Rico, or
independence with no caveats.
The federal government and
the Puerto Rican people have been flirting with statehood for many years, but
it seems both sides focus only on the benefits of such an arrangement without
considering the drawbacks. Puerto Ricans would have to completely submit to the
repugnant policies from Washington and pay federal income taxes. Neither side
is going to be happy about the language issue: Either Puerto Ricans will need
to learn English, or the entire nation will have to recognize Spanish as an
official language of government.[21]
(Consider what this would mean for Puerto Rican representatives in Congress.)
In addition to the language barrier, Puerto Rico is virtually guaranteed to
elect several liberal Democrat US Representatives and add two US Senators of
undoubtedly the same political leanings. Puerto Rican statehood would mean
fundamentally altering American institutions such as the flag, the national
anthem, and symmetrical Senatorial representation. It would also mean adding
another deeply liberal state in massive financial trouble to a nation already
buckling under a crushing public debt crisis.
The Government Accountability Office issued a report in 2014 that
estimated federal spending on Puerto Rico would have been higher if it had been
a state, and in some cases the increase would be monumental; according to the
GAO, the 24 million dollars the federal government contributed to the
disability fund in 2011 would have been up to 7,400% more if Puerto Rico was a
state.[22]
Since residents of Puerto Rico do not pay federal income taxes, it would seem
logical that they would not be eligible for federal benefits, but there are
multitudes of social safety net programs in Puerto Rico equivalent to Medicare,
Medicaid, SNAP (food stamps), SSI (disability), and these receive a sizable
federal contribution from taxpayers in the US. Not only that, but Puerto Rico
is far more dependent on government welfare than any state of the Union is. A
third of the island’s residents are on food stamps and the rate of Puerto
Ricans receiving disability income is twice as high as that of the US. With an
unemployment rate still over 12 percent—about 2.5 times higher than the US
rate—and a dismal Labor Force Participation rate that hovers in the 40% range,
Puerto Rico’s economy more closely resembles what one might expect to find in a
developing country, not the United States. The likelihood of Puerto Rico’s
taxpayer base being able to pull its own weight in federal benefits is very
low.
RECONCILING CONSTITUTIONAL AND INTERNATIONAL LAW
The conflict with constitutional and international law is what
made the current commonwealth status untenable in the first place, and the debt
crisis is nothing more than the logical conclusion of what was guaranteed to be
a flawed political arrangement from the very start. The
unnatural relationship between the US and Puerto Rico is out of step with
normative international law and it is not clear that the US Constitution even
allows such a relationship to continue indefinitely.[23]
It has also been argued that since the UN Charter is a treaty agreed upon by
the US and therefore has the force of the US Constitution, the federal
government has a responsibility to continually pursue self-government for
Puerto Rico according to Article 73 of the UN Charter.[24]
It appears that Puerto Rico retains the right under international law to
declare itself unconditionally independent,[25]
but no matter
how strongly the people of Puerto Rico want to join the Union, they would still
need to obtain Congressional approval. Puerto Rico’s right to
self-determination under international law does not extend so far as to mean
that Puerto Rico can determine itself to be a state of the Union. Statehood
naturally has strong support, as leftist politicians in the US are salivating
over adding another reliable Democrat voter base that is heavily dependent on
government benefits; and a considerable part of Puerto Rico’s leadership and
citizenry mistakenly believe statehood is a panacea that will make all of their
fiscal troubles disappear. Some statehood activists are even thinking of
attempting to emulate the “Tennessee Plan”: pretending to be a state by
electing two “US Senators”—even though they are obviously not legitimate—and
then daring the federal government to refuse giving them seats in the Senate.[26]
This ploy made Tennessee a state, and the threat that it could do the same for
Puerto Rico is real.
The US cannot continue to
keep bailing out Puerto Rico, and making it a state would only make the
bailouts bigger. At the other extreme, clearing out Puerto Rico’s dysfunctional
but democratic government and reinstating a US puppet regime to carry out the
needed austerity measures would outrage Puerto Ricans and the international
community. The US government is hardly less dysfunctional right now than Puerto
Rico’s, anyway, and it is mystifying that the two are wooing each other so
thoughtlessly.
POLICY PROPOSAL
The only viable solution for both sides is for Puerto Rico to be
let loose, which does not necessarily connote a total severance of the
US-Puerto Rico relationship. In the current political environment in both
Puerto Rico and the United States, it does not appear likely that transitioning
Puerto Rico to independence will have widespread support. For more than a
century, Marxism has been so thoroughly intertwined with the independence
movement that the two are virtually synonymous. Hundreds of attacks have been
carried out by terrorists claiming to be fighting for the liberation of Puerto
Rico, namely the FALN (Army of National Liberation) and the EPB (Puerto Rican
Popular Army, also known as the Macheteros). There is substantial evidence that
Cuba has been deeply involved in organizing and giving direct support to
terrorists in Puerto Rico.[27]
The fear that an independent Puerto Rico will inevitably be ‘Cubanized’ is
legitimate, thanks to decades of communist penetration by Castro’s clandestine
operations.
There can be no doubt that
the reluctance shown by most Puerto Rican people to entertain any idea of
independence is largely a result of the unarguably destructive and outdated
Marxist ideas that have been part and parcel of the independence movement since
its inception. Once Puerto Ricans are forced to stop daydreaming about
statehood, however, they will have to confront the reality that their problems
will not be resolved under the current commonwealth arrangement. The socialist
independence movement can then be supplanted by a legitimate one and the
possibility of forming a successful independent government in Puerto Rico
should start to seem more plausible.
The process must be gradual
and predictable, with sufficient time to establish an effective representative
government but not prolonged the to the point where the Puerto Rican people
lose a sense of urgency. Once established, the new government can maintain its
closeness with the US with an Article II treaty,[28]
or join other international trade and security agreements if it wishes to. No
matter what, the US government must respect the new nation’s sovereignty, even
if it turns away from the United States.
Certain reasonable
stipulations can be made, of course. The US government can establish
accommodative rules for citizenship so that no Puerto Rican alive at the time
of independence will have to choose allegiance to either the US or the new
nation. Some privileges—such as travel within the states or the resolution of
legal cases already begun—may have to be grandfathered to Puerto Ricans for a while,
but the new Puerto Rican government will get to decide on how it wants to
handle relations with the Puerto Rican diaspora in the US and non-Puerto Rican
US citizens. One stipulation must be made clear from the start: Any disruption
of republican government (such as if elections are suspended or martial law is
imposed) in an independent Puerto Rico is grounds for the US government to
re-assert its authority and remove the repressive government; the Monroe
Doctrine may also be applicable here. This caveat is necessary to prevent the
embarrassment of Puerto Rico being overtaken by a dictatorship or a foreign
country, which are probable outcomes without this protection. Finally, the
model for the transition should be Hong Kong, which was taken off the UN’s list
of non-self-governing territories in 1972 due to a change in status and was
ultimately relinquished to China, but it maintained much of its autonomy and
prosperity throughout every stage. Puerto Rico will be vulnerable without the
United States, but it should eventually become a stable Caribbean nation. The
US will still have to be involved until the training wheels are ready to come
off, and the currency arrangement might need to be severed in order to protect
the dollar, but if the process is well-managed the prospects are good for
future friendly, prosperous, and mutually-beneficial relations between the US
and Puerto Rico.
Bibliography
“A Tennessee Plan
for Puerto Rico?.” PR51st.com,
[n.d.]. Accessed December 17, 2015: http://www.pr51st.com/a-tennessee-plan-for-puerto-rico/.
Colón-Ríos, Joel
& Martín Hevia. “The Legal Status of Puerto Rico and the Institutional
Requirements of Republicanism.” Texas Hispanic Journal of Law & Policy
17, no. 1 (Spring 2011): 1-25.
Falcón, Angelo.
"The Diaspora Factor: Stateside Boricuas and the Future of Puerto
Rico." NACLA Report on the Americas 40, no. 6 (November 2007):
28-31.
Font-Guzmán,
Jacqueline N. "Confronting a Colonial Legacy: Asserting Puerto Rican
Identity by Legally Renouncing U.S. Citizenship." Centro Journal
25, no. 1 (Spring 2013): 22-49.
Gerow, Andrew E.
"Shooting for the Stars (and Stripes): How Decades of Failed Corporate Tax
Policy Contributed to Puerto Rico's Historic Vote in Favor of Statehood." Tulane
Law Review 88, no. 3 (February 2014): 627-650.
Hudson, R. A.
"Castro's America Department: Systemizing Insurgencies in Latin
America." Terrorism 9, no. 2 (February 1987): 125-167.
Lawson, Gary
& Robert D. Sloane. "The Constitutionality of Decolonization by
Associated Statehood: Puerto Rico’s Legal Status Reconsidered." Boston
College Law Review 50, no. 4 (September 2009): 1123-1193.
Meléndez,
Edgardo. "Citizenship and the Alien Exclusion in the Insular Cases: Puerto
Ricans in the Periphery of American Empire." Centro Journal 25, no.
1 (Spring 2013): 106-145.
Orellana, Manuel
Rodríquez. "Puerto Rico and the U.S Congress: The Road Ahead." Texas
Hispanic Journal of Law & Policy 21, (Spring 2015): 31-61.
Pastor, Robert.
“The International Debate on Puerto Rico: The Costs of Being an Agenda-Taker.” International
Organization 38, no. 3 (Summer 1984): 575-595.
Rezvani, David A.
"The Basis of Puerto Rico's Constitutional Status: Colony, Compact, or
‘Federacy’?." Political Science Quarterly (Academy Of Political
Science) 122, no. 1 (Spring 2007): 115-140.
Rubinstein, Alvin
Z. "The Case against Puerto Rican Statehood." Orbis 45, no. 3
(Summer 2001): 415.
Saad, Lydia.
“Americans Divided Over Status of Puerto Rico.” Gallup.com, March 13, 1998. Accessed December 17, 2015:
http://www.gallup.com/poll/4243/Americans-Divided-Over-Status-Puerto-Rico.aspx.
Susler, Jan.
"National Lawyers Guild International Committee Presentation to the United
Nations Decolonization Committee Hearings on Puerto Rico, June 20, 2011." National
Lawyers Guild Review 68, no. 1 (Spring 2011): 32-41.
U.S. Government Accountability Office. “Puerto Rico:
Information on How Statehood Would Potentially Affect Selected Federal Programs
and Revenue Sources.” GAO.gov, March 4, 2014. Accessed December 7, 2015:
http://www.gao.gov/products/GAO-14-31.
[1] Luis Fortuño, “Luis Fortuño:
Doing What is Right for Puerto Rico and the Nation,” Latino.FOXnews.com, February 20, 2013. Accessed December 15,
2015:
http://latino.foxnews.com/latino/opinion/2013/02/20/luis-fortuno-doing-what-is-right-for-puerto-rico-and-nation/.
[2] Gary
Lawson & Robert D. Sloane, "The Constitutionality of Decolonization by
Associated Statehood: Puerto Rico’s Legal Status Reconsidered," Boston
College Law Review 50, no. 4 (September 2009), 1125-1126.
[3] Edgardo
Meléndez, "Citizenship and the Alien Exclusion in the Insular Cases:
Puerto Ricans in the Periphery of American Empire," Centro Journal
25, no. 1 (Spring 2013), 134.
[4] Jacqueline
N. Font-Guzmán, "Confronting a Colonial Legacy: Asserting Puerto Rican
Identity by Legally Renouncing U.S. Citizenship," Centro Journal
25, no. 1 (Spring 2013), 23.
[5] Ibid.,
22.
[6] Andrew
E. Gerow, "Shooting for the Stars (and Stripes): How Decades of Failed
Corporate Tax Policy Contributed to Puerto Rico's Historic Vote in Favor of
Statehood," Tulane Law Review 88, no. 3 (February 2014), 627-628.
[7] David
A. Rezvani, "The Basis of Puerto Rico's Constitutional Status: Colony,
Compact, or ‘Federacy’?," Political Science Quarterly (Academy Of
Political Science) 122, no. 1 (Spring 2007), 118-119.
[8] Manuel
Rodríquez Orellana, "Puerto Rico and the U.S Congress: The Road
Ahead," Texas Hispanic Journal of Law & Policy 21, (Spring
2015), 31.
[9] Gerow, “Shooting for the
Stars,” 637.
[10] Rezvani, “The
Basis of Puerto Rico's Constitutional Status,” 121.
[11] Ibid.
[12] Ibid.
[13] Lawson & Sloane, “The
Constitutionality of Decolonization,” 1126.
[14] Joel
Colón-Ríos & Martín Hevia, “The Legal Status of Puerto Rico and the
Institutional Requirements of Republicanism,” Texas Hispanic Journal of Law
& Policy 17, no. 1 (Spring 2011), 25.
[15] Orellana, “Puerto
Rico and the U.S Congress,” 33.
[16] Jan
Susler, "National Lawyers Guild International Committee Presentation to
the United Nations Decolonization Committee Hearings on Puerto Rico, June 20,
2011," National Lawyers Guild Review 68, no. 1 (Spring 2011), 33.
[17] Angelo
Falcón, "The Diaspora Factor: Stateside Boricuas and the Future of Puerto
Rico," NACLA Report on the Americas 40, no. 6 (November 2007),
28-29.
[18] Robert
Pastor, “The International Debate on Puerto Rico: The Costs of Being an
Agenda-taker,” International Organization 38, no. 3 (Summer 1984), 576.
[19] Lydia Saad, “Americans
Divided Over Status of Puerto Rico,” Gallup.com,
March 13, 1998. Accessed December 17, 2015:
http://www.gallup.com/poll/4243/Americans-Divided-Over-Status-Puerto-Rico.aspx.
[20] Alvin
Z. Rubinstein, "The Case
against Puerto Rican Statehood," Orbis 45, no. 3 (Summer 2001),
415.
[21] Ibid.
[22] U.S.
Government Accountability Office, “Puerto Rico: Information on How Statehood
Would Potentially Affect Selected Federal Programs and Revenue Sources,” GAO.gov,
March 4, 2014. Accessed December 7, 2015:
http://www.gao.gov/products/GAO-14-31.
[23] Lawson & Sloane, “The
Constitutionality of Decolonization,” 1123.
[24] Ibid., 1125-1126.
[25] Ibid., 1192.
[26] “A Tennessee Plan for Puerto
Rico?,” PR51st.com, [n.d.]. Accessed
December 17, 2015: http://www.pr51st.com/a-tennessee-plan-for-puerto-rico/.
[27] R.
A. Hudson, "Castro's America Department: Systemizing Insurgencies in Latin
America," Terrorism 9, no. 2 (February 1987), 125.
[28] Lawson & Sloane, “The
Constitutionality of Decolonization,” 1192-1193.