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Schrödinger’s Citizens: The Trouble with Territorial Disenfranchisement

Election Law Society · October 19, 2020 ·

By Scott Meyer

According to a 2017 poll, nearly half of Americans were unaware Puerto Ricans were U.S. citizens. This discrepancy seems to bely the fact that U.S. territories, of which Puerto Rico is the largest, constitute over three and a half million U.S. citizens, have some of the highest military enlistments per capita, and even pay some federal taxes. However, despite over a century of combined history as U.S. territories, their citizens still lack one of the foundations of American democracy: the right to vote in presidential elections.

The reasoning for territories’ disparate treatment comes from Supreme Court rulings from the early nineteen-hundreds, which became known as the Insular Cases. As Justice Kennedy succinctly explained in Boumediene v. Bush: “[i]n a series of opinions later known as the Insular Cases, the Court addressed whether the Constitution, by its own force, applies in any territory that is not a State.” The Court then noted the delicate balance between imputing constitutional rights to territories versus respecting their existing laws, a tension which could result in confusion and instability. To this end, the Insular Cases Court came up with “…the doctrine of territorial incorporation, under which the Constitution applies in full in incorporated Territories surely destined for statehood but only in part in unincorporated Territories.”

[Read more…] about Schrödinger’s Citizens: The Trouble with Territorial Disenfranchisement

How Puerto Rico’s Electoral System Sustains Its Multiple Parties

Election Law Society · February 7, 2018 ·

By: Aaron Barden

Before this blog post begins, I would feel remiss and disingenuous if I did not remind the reader of the humanitarian crisis currently happening on the island of Puerto Rico, full of 3.5 million American citizens, as it continues to recover from the devastation of Hurricane Maria. I also would suggest that anyone clicking these links use a web browser with a translate webpage tool.

[Read more…] about How Puerto Rico’s Electoral System Sustains Its Multiple Parties

Continuing One-Hundred Years of Federal Disenfranchisement in Puerto Rico

Election Law Society · November 22, 2017 ·

In 1917 President Woodrow Wilson signed the Jones Act granting Puerto Ricans American citizenship. Last June 11th Puerto Rico held its sixth plebiscite (popular vote) on altering its territorial relationship with the United States. This was Puerto Rico’s fifth plebiscite on this issue in twenty-six years. While 97% voted in favor of Puerto Rican statehood, as a result of political boycotts, only 23% of the eligible voters participated. Voter turnout in previous plebiscites ranged from 60% to 78%. [Read more…] about Continuing One-Hundred Years of Federal Disenfranchisement in Puerto Rico

Puerto Rico Might Expand the Franchise to Include Illegal Immigrants

Election Law Society · November 18, 2015 ·

By: Hannah Whiteker

In January of this year, Puerto Rico’s Governor, Alejandro Garcia Padilla, made an announcement that would be political suicide for any politician in the mainland United States. Garcia Padilla, standing beside President Danilo Medina of the Dominican Republic, announced a proposal to broaden the voting franchise to include every resident of Puerto Rico, regardless of legal status. It is an established fact that illegal immigrants cannot vote in U.S. elections. This is also the current law in Puerto Rico. However, Garcia Padilla expressed his opinion that since every person who chooses Puerto Rico as his or her home is affected by the decisions that the government makes,  all residents should have the right to participate in deciding who governs. So far, neither the Governor nor the members of his political party, the Popular Democratic Party (PPD), has drafted a bill on this issue. However, the Governor’s proposal sparked discussions about the constitutionality of giving illegal immigrants the right to vote, particularly given Puerto Rico’s relationship with U.S.

[Read more…] about Puerto Rico Might Expand the Franchise to Include Illegal Immigrants

Put the Sewing Kit Away: Puerto Rican Statehood Desired, But Not Likely

Election Law Society · April 4, 2013 ·

by David Noll, Associate Editor

The people of Puerto Rico have, for the first time ever, voted in favor of statehood in the United States. While all 50 states have citizen petitions to secede from the Union, Puerto Rico has chosen to enter our Union. Puerto Ricans voted against statehood twice in the Clinton administration, a time when a booming U.S. economy would have made statehood very beneficial. The vote for statehood now, in a weak U.S. economy, signals two big changes in Puerto Rico and the U.S.

The general expectation would be that Puerto Rico would want to keep its commonwealth status in weak economic times. In strong economic times Puerto Rico benefits from massive U.S. tourism and the easier it is for people to travel there, the better for tourism. In an economic slowdown, the lower tax rate that can be sustained in a protectorate (especially for the gambling industry) is more important to keep vacations to Puerto Rico cheap. But this would suggest Puerto Ricans should have voted against statehood in the November elections. [Read more…] about Put the Sewing Kit Away: Puerto Rican Statehood Desired, But Not Likely

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