Three-Way Fight: Statehood vs. Independence vs. … Independence?

How Puerto Rico’s Plebiscite Unfairly Opens the Back Door to an Unwanted Status

—

The latest status plebiscite in Puerto Rico will be held on Election Day (November 6, 2012). On that day, the people of the American territory will be asked to vote “yes,” or “no” on whether to keep the current territorial “Commonwealth” status. A “yes” vote would perpetuate the current unequal, colonial status; a “no” vote would reject, but would not end, the colonial “Commonwealth” status per se. To do that, the voters will have to answer a second question on the same ballot: which sovereign option do you want?—statehood, independence, or … independence!

Yes, the “independence” option appears twice. Why?

First, let us ask a different question: what is the purpose of all these plebiscites we all hear about?

The answer: to terminate a territorial status that very few in Puerto Rico believe in, and to achieve sovereignty for the people of the island. “Sovereignty,” as such, is the power of a people to make decisions about its own political future without the interference of outsiders. Sounds like “independence,” huh? Well, the American system operates under a sovereignty model we call federalism. In federalism, the people of a sovereign “state” (in this case an American state and not an independent nation-state) agrees to delegate a degree of its own sovereign powers to the federal government so that through the collective delegation of 50 sovereigns ALL members of the union can maximize their own fortunes in an equal union of different peoples—politically and economically. The states and their respective peoples retain all sovereign powers NOT delegated to the federal government, and the other states in the union are not seen as “outsiders” by each other but as partners—family!

Sovereignty for Puerto Rico, then, comes in two flavors under American and international law: full annexation through American statehood, or full disintegration through international independence.

What are other forms of sovereignty? There are no others.

There is what in international law is known as “free association,” which is created between two independent nations and which can be broken at the desire of either nation and at any time and for whatever reason. The actual treaty that creates the free association status is typically known as a Compact of Free Association. The U.S. is currently a signatory to three such agreements with the independent nations of Palau, The Federated States of Micronesia, and The Marshall Islands.

These free association treaties can last forever, but are not perpetual in-and-of-themselves. They only can last forever if the two nations that signed the Compact of Free Association remain satisfied with the association.

In Puerto Rico’s November plebiscite there is a third option written into the law as “ELA Soberano.” “ELA” is an acronym that stands for Estado Libre Asociado (Free Associated State) and it is the official, Spanish name of the island’s government, so combined with the word “Soberano,” it means “Sovereign Free Associated Nation-State.” “ELA” in Puerto Rico means what “Commonwealth” means to the rest of the world as it relates to American federal territorial law and not as it relates to actual states of the union that use the old term. The “Commonwealth” of Puerto Rico is not the same (legally) as the Commonwealth of Pennsylvania, or Virginia, or Massachusetts, or Kentucky.

So there is the second “independence” option. Puerto Rico cannot enter into a Compact of Free Association with the United States of America unless it declares independence, and nothing could stop Puerto Rico from entering into a free association treaty with a different country, i.e. Venezuela, China, or Russia if it so desired. Some say that Puerto Rico can indeed enter into free association without declaring independence from the U.S., but that belies the fact that the very essence of free association is that it can only happen between two sovereign, independent nations. A U.S. territory cannot sign a Compact of Free Association with the U.S. because all sovereign powers reside on one side: Congress. So, the third option in Puerto Rico’s plebiscite makes the island a republic separate from the U.S. and out of the control of Congress. Why is this important?

The Americans of Puerto Rico do not want independence and they have shown as much in every plebiscite and poll in the past 114 years. To independence supporters this is just the result of mass brainwashing. To the vast majority of Puerto Ricans who love their American citizenship and their Puerto Rican identity this is just the result of democratic sanity and political shrewdness.

The danger is that this third “option” will confuse the voters. In their minds, “ELA Soberano” must be something different, or else why would it be there?

The pro-territorial “Commonwealth” Popular Democratic Party (PPD) in the island has been offering voters something “different” for the past 60-plus years. The PPD contends that neither statehood, nor independence is good enough. The party has promised something better. The leadership of the PPD wants the benefits of both statehood and independence; all the rights and benefits of American statehood and all the perquisites of international recognition—including the ability to veto federal laws that the governor of Puerto Rico sees as “inoperable” in the island and the ability to join international bodies as a nation. The federal government has rejected the proposal as incompatible with the U.S. Constitution. In other words, if Puerto Rico wants to end the current territorial status it has two—and only two—options: statehood or independence.

Once Puerto Rico becomes an independent nation—if the people of the island so choose—then the new, separate nation of Puerto Rico can work with the American government to bilaterally enact a Compact of Free Association.

The pro-statehood New Progressive Party (NPP) currently controls the governorship and both chambers of the legislature by supermajorities. So why would a statehood supermajority write a law that distorts the statehood-versus-independence reality that is needed to end the territorial status? The NPP is calling the PPD’s 60-plus-year bluff.

Today, the PPD is internally split between two wings: the so-called Autonomistas and the Soberanistas. The Autonomistas want more … well … autonomy. They are the establishment wing, the conservative wing, and they wish to remain a territory of the U.S. under the Constitution’s Territorial Clause, but they want Congress to devolve many of its powers to the people of Puerto Rico. Congress has made it clear that Puerto Rico has all the autonomy that the federal government is willing to grant—no more!

The Soberanistas are the liberal wing of the PPD and they want sovereignty—just not under statehood. They want sovereignty and the only other options for sovereignty is independence, but they will not say that because the word “independence” is political suicide in Puerto Rico. They have come up with a more elegant way of asking for independence that does not actually use the word independence: free association or “ELA Soberano.” Very clever indeed. Independence through the back door.

Unless the statehood party supplements its desire for U.S. annexation with a robust education effort, the results of the latest plebiscite will at best be another indecisive failure in the part of a confused electorate, or at worse the ostensible rejection of statehood by two independence pluralities that would add up to an independence majority.

The same way Congress will not accept a statehood petition with less than a strong majority (55 percent plus), it will not accept an independence petition with any less. However, independence and independence in free association supporters can already be heard claiming a majority for a petition for independence if between the former and the latter there is a combined 50.1 percent vote. That would be unfair to statehood supporters.

In that case, perhaps the statehood party in charge should amend the law if not to delete the superfluous “ELA Soberano,” at minimum to balance the ballot with a fourth option: “ELA Statehood.” Make it a Statehood vs. Independence vs. Independence vs. Statehood! Why not?

Seventy-something days away from the general election and the referendum on status, and without a robust educative effort in the part of the pro-statehood NPP things could get messy. On the day after the election, the results will be fodder for all political parties willing to spin confused chaos into logical voter support, but those same results will not provide a solution to the century-old problem of democratic inequality, lack of political sovereignty and human dignity in Puerto Rico.

Related articles

• Puerto Rico Statehood: Bad Business For The U.S. Or The Next Swing State? (ibtimes.com)
• Pierluisi Urges Puerto Ricans to Vote “No” in First Part of November Status Vote (juliorvarela.com)
• Univision Apologizes to Puerto Rico for Ad Slip-Up (abcnews.go.com)
• Fortuño’s Plan For English Proficiency In Puerto Rico – Analysis (eurasiareview.com)

The 3% Way in Puerto Rico’s Status

What a Minute Party does with an Oversized Voice

The President of the Puerto Rican Independence Party (PIP), Rubén Berríos, has proposed a “new” way forward on the status. In consultation with the presidents of the two major status parties in Puerto Rico—Gov. Luis Fortuño of the pro-statehood New Progressive Party (PNP) and Rep. Hector Ferrer of the pro-“Commonwealth” Popular Democratic Party—Berríos seeks to set up a new, three-step mechanism.

The first step, would force the federal government’s hand with a yes-or-no vote in which the Americans of Puerto Rico would ask for a status that is “plainly democratic, not colonial and not territorial.” Then, on the second step, which would occur on the same day of the first vote, the Puerto Rican electorate would vote on the process for solving the status, either a plebiscite (direct vote) or a constitutional assembly (delegated vote). Finally, in the third step, if the plebiscite form wins, the people of Puerto Rico would exercise its right to a direct vote on status, but if the constitutional assembly were to garner the most votes, then the Puerto Rico legislature would be required to vote by a three-fourths supermajority and “in consultation with the diverse promoters of said procedure” (Guess who? The PIP and the PPD) to authorize said constitutional convention. Further, if the legislature does not meet the three-fourths threshold, then it would be up to the next legislature (in 2013) to authorize the constitutional assembly—but only with a simple majority needed.

Recap: 1) pressure the feds with near Puerto Rican unanimity on the status; 2) let the Puerto Rican electorate decide between a direct vote plebiscite and a delegated constitutional assembly; and 3) force the current Puerto Rico legislature to convoke a constitutional assembly through a super majority vote, or the next legislative assembly with a simple majority vote.

The plan is simple and straightforward, and (primarily) unnecessary!

The independence movement in Puerto Rico seems at odds with reality. It commands the support of less than 3 percent of the population and yet it purports to be a power broker. The PIP wants a veto power despite its minute stature in Puerto Rican politics. Because it is such a minor party, with no hope for victory, it must stay “relevant” in some way. Let us remember their strategy is founded on inaction, and while the movement’s aggressive tactics have changed, their powerful rhetoric on behalf of self-determination is now a fading caricature of what it once was. It is the way of Puerto Rican independence. If they cannot win on a straightforward statehood-versus-independence direct-vote plebiscite, then they will continue to develop a way to change the plan.

Degradation of Self-Determination Rhetoric

The first step of the PIP-plan seeks to magnify the current level of consensus in the American island on the current territorial status and its unacceptability. Through a yes-or-no vote, as expected, the American citizens of Puerto Rico would attest to their displeasure with the current unequal status; simultaneously, the electorate would cast its votes in favor of a direct plebiscite or a delegated constitutional convention as the mechanism for solving the status.

The fact that the people of Puerto Rico are being asked to “choose” between doing something themselves and electing somebody else to do it for them should be questioned endlessly, particularly as it relates to the status. A direct vote is the most democratic tool available to the people. The PIP and Ruben Berríos know this; after all, their entire plan rests on the direct vote of the citizens in the territory. Nevertheless, this plan is an optical illusion because while it engages citizens in the direct election of ideas, those ideas steer the citizens’ votes to the establishment of mechanisms diametrically opposed to the democratic principle of direct vote, mainly the “constitutional convention” idea.

The main problem with the idea of a constitutional convention is the notion rests on a flawed premise: the future of the status problem is complex and the people need experts to deal with it. The idea also assumes the convention delegates would be there to “create” a solution, when in fact the solutions are on the U.S. Constitution and are immutable by a Puerto Rican Constitutional Convention. The (simple) solutions constitutionally mandated are statehood or independence, if neither, then perpetual territorial/colonial “Commonwealth” status with no “enhancements” under the U.S. Constitution’s Territorial Clause.

The third and last step of the PIP-sponsored plan is a gratuitous slap in the PNP face. In 2008, the pro-statehood PNP took control of the legislature with supermajorities in the House and Senate chambers. Therefore, in essence, the third step is a trigger meant to override the PNP-led legislature and completely marginalize La Fortaleza. The PNP should never consent to taking away from the people the direct vote of the plebiscite and replace it with a ridiculous constitutional circus. Note, reader, that this part of the plan rests on the hope that the PNP will lose many seats in the 2012 elections because without a massive electoral change there cannot be a simple majority vote in 2013 to establish a constitutional convention, which the electorate presumably would have supported though a direct vote.

If the PIP wants to use its oversized voice to continue territorialism and colonialism by default in Puerto Rico then let it, but if it wants to move Puerto Rico beyond second-class citizenship then it must begin to promote the true answer to the status issue: a direct vote by the people on a statehood-versus-independence plebiscite. No more, no less.

Popular Democratic Party Rejects H.R. 2499, Puts Forward Its Own Vision for Puerto Rico Self-Determination

We at La Chuleta Congelá’ have decided to take all of the “proposals” and/or “suggestions” made by the Popular Democratic Party of Puerto Rico (PPD, the creator and promoter of the territorial status with the name of “Commonwealth”) and put them into a “bill” for Congress to consider.

Of course, this “bill” is crude bologna because most of the assertions made by the PPD are impossible to achieve under the American constitution. As such, though, we have decided to have fun, and make up a bill that illustrates what it is the PPD really wants for Puerto Rico’s future: nothing but the status quo! (But they cannot campaign or say that in Puerto Rico.)

As a matter of fact, here’s a little quote from the founder of the PPD, Luis Munoz Marin, who used to be an independence supporter and then changed his views in favor of territorial “Commonwealth.” Muñoz Marin had a plan. He would name the “new” status “Commonwealth” in English and “Estado Libre Asociado” (Free-Associated State) in Spanish. See the ruse? In Puerto Rico, to Puerto Ricans, Muñoz Marin spoke of “sovereignty and nationhood and equality and compacts,” but in Washington, D.C., to Congress, Muñoz Marin spoke this way:

“There is a wide disbelief here [in Puerto Rico] as to any political status that does not involve a transfer of sovereignty to the people of Puerto Rico. I share this belief because of the [U.S.] constitutional limitations involved. Congress cannot–save in the form of classic statehood–create sovereignty in a territory that continues to be part of the United States. Under this limitation, commonwealth status would have the nature of a loan of authority by Congress that is recallable at will.”

The point ought to be clear, this party and its leaders do not have any real solutions to move Puerto Rico out of colonialism and into statehood or independence. According to the party, even a plebiscite written their way would be “unfair” because statehood promises too much and the other options (independence and “Commonwealth”) cannot compete. Huh. So statehood must be watered down so that other options have a fair chance? More bologna! If statehood is “the better option,” then independence and “Commonwealth” supporters better come up with better arguments. After all, it is the Americans of Puerto Rico who DO NOT want independence. And it will be they who tear down the territorial “Commonwealth.”

With that in mind, dear readers, here’s the mock PPD bill; the way they want it: confusing.

 

———————————————————————————————————————

112^th Congress, 2^nd Session, Last day thereof …

H.R. 1952.2

(y Arroz con Gandules a Bomba y Plena)

To provide an unnecessary federally sanctioned self-determination process for the People of the Sovereign and Autonomous Free-Associated State of Puerto Rico because Puerto Rico is a nation with its own culture and we have a COMPACT with the United States of America and we are equal partners, and Congress does not hold us as a colony. Anyways, some people “don’t like it,” so we are forced to do “something.” Move on.

___________________________________

IN THE HOUSE OF REPRESENTATIVES

 

January 2, 2013

The Popular Democratic Party, Holder and Protector of the Truths of 1952 (for himself, EVERYBODY, yep, EVERYBODY because there are too many people behind this bill we couldn’t possibly name them all. Big Pharma, here’s to you! In addition, we must thank for their support all of those in the Popular Democratic Party who have held up the promise of “Mejorando La Raza.” Further, who could forget, to Dependency—because it feels free!) Anyway, uh, introduced this bill for immediate consideration by the House of Representatives Committee of the Whole … no screwing around with that stupid Committee on Natural Resources; they don’t like us.

 

A BILL to provide for a federally sanctioned self-determination process for the Great Nation of the Independent State Territory of the People of Puerto Rico—not a damned colony!

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled and with Puerto Rico’s Permission,

SECTION 1. SHORT TITLE.

This Act may be cited as the “GREATEST ACT EVER.”

 

SECTION 2. FEDERALLY SANCTIONED PROCESS FOR PUERTO RICO’S SELF-DETERMINATION.

(a) FIRST PLEBISCITE.—The Government of Puerto Rico is authorized—even though they already possess all the power thereto—to conduct a status plebiscite in Puerto Rico or somewhere in the Caribbean, definitely within the Western Hemisphere. The 2 options set forth on the SPANISH-ONLY ballot shall be preceded by the following statement: ‘‘Instructions: Mark one of the following 2 options if you feel like it:

‘‘(1) Puerto Rico should continue to have its present form of political status, which has done wonders for the people of Puerto Rico under the power of the Great One they called Luis Muñoz Marin and promoted perpetually by the Honorable DON Rafael Hernandez Colón, former great Governor of this Island Nation. Blessed be he. If you agree, mark here _____________.

‘‘(2) Puerto Rico should have a different political status and possibly begin 100 years of regret about choosing a status alternative that they knew nothing about. God help us if we should pick some status that Puerto Ricans can’t handle. Especially one that will destroy our culture and language … and our kids. If you agree, mark here _.’’.

(b) PROCEDURE IF MAJORITY IN FIRST PLEBISCITE FAVORS OPTION 1.—If a majority of the ballots in the plebiscite are cast in favor of  (the best) Option 1, the Government of Puerto Rico (unless the Popular Democratic Party happens to be in the minority, in which case it) is authorized to conduct additional plebiscites under subsection (a) at intervals of 100 years from the date that the results of the prior plebiscite are certified under section 3(d). Take your time!

(c) PROCEDURE IF MAJORITY IN FIRST PLEBISCITE FAVORS OPTION 2, WHICH WILL DESTROY PUERTO RICO.—If a majority of the ballots in a plebiscite conducted pursuant to subsection (a) or (b) are cast in favor of (the worst) Option 2, the Government of Puerto Rico (unless the Popular Democratic Party happens to be in the minority, in which case it) is authorized to conduct a plebiscite on the following options:

(1) Third World Independence (look at Haiti): Puerto Rico should become fully independent from the United States. You WILL lose your American citizenship and everything good in your life. If you want it, mark here _____.

(2) Sovereignty in Association with the United States (look at Palau): Puerto Rico and the United States should form a political association between sovereign nations that will not be subject to the Territorial Clause of the United States Constitution, like the Current “Commonwealth” Status because we ARE NOT under the Territorial Clause. Agree to disagree. If you agree with losing your benefits, mark here _____.

(3) statehood (I want more taxes): mark here _.

(4) If you agree that el Coquí is ours, please mark here, ___________________________.

(5) Enhanced Commonwealth; The Independent Republic of the Free Associated State of Puerto Rico will have the authority to tax the 50 states of the United States, veto any federal law, continue to enjoy all the rights of natural citizenship, conduct international relations through the United Nations, enter into bilateral treaties, etc. At the will of, again, the Popular Democratic Party. If you want the Best of Both Worlds, PATRIOTICALLY MARK HERE ________________.

(6) Commonwealth as is, but with a Constitutional Convention to go with it. At the Convention, popularly elected Popular Democratic Party Spanish-speaking delegados will be responsible for exploring, studying, analyzing, constructing and deconstructing theories about, challenge, support, endorse and repudiate all possible options for Puerto Rico (including but not limited to Independence, Free Association, Enhanced Commonwealth, Independence with American citizenship, Commonwealth as it is, Constitutional Monarchy, Communism in Association with the United States, Parliamentary Government in Partnership with Quebec, Unicameral Sovereignty, Cuban and/or Venezuelan Provincial Sovereignty, Autonomy under the King of Spain … oh, and statehood).

(7) NONE OF THE ABOVE! If you agree, please mark here _________________________, or anywhere in the space below. Comments welcomed!”

|

|

|

SECTION 3. APPLICABLE LAWS AND OTHER REQUIREMENTS.

(a) APPLICABLE LAWS.—All Federal laws applicable to the election of the Resident Commissioner shall, as appropriate and consistent with this Act, also apply to any plebiscites held pursuant to this Act. Any reference in such Federal laws to elections shall be considered, as appropriate, to be a reference to the plebiscites, unless it would frustrate the purposes of this Act or the Plans of the Popular Democratic Party of Puerto Rico. Viva La Pava!

(b) RULES AND REGULATIONS.—The Puerto Rico State Elections Commission shall issue all rules and regulations necessary to carry out the plebiscites under this Act. Further, only the Popular Democratic Party’s delegate in the Commission shall have the right to vote on said rules and regulations.

(c) ELIGIBILITY TO VOTE.—Each of the following shall be eligible to vote in any plebiscite held under this Act:

(1) All eligible voters under the electoral laws in effect in Puerto Rico at the time the plebiscite is held. Except the leadership of the English-speaking New Progressive Party AND independence supporters not aligned with the Popular Democratic Party.

(2) All United States citizens born in Puerto Rico or elsewhere who comply, to the satisfaction of the Puerto Rico State Elections Commission, with all requirements (other than the residency requirement) applicable to eligibility to vote in a general election in Puerto Rico. Persons eligible to vote under this subsection shall, upon timely request to the Commission and prompt return to the Popular Democratic Party of a full political profile of your views on Puerto Rico’s status, might be entitled to receive an absentee SPANISH-ONLY ballot for the plebiscite.

(3) All Popular Democratic Party members who have died since the founding of the party in 1938. The Puerto Rico State Elections Commission shall collaborate with the Puerto Rico Department of Health Demographic Registry to gather all necessary records to cast the “dead vote.” Further, Popular Democratic Party Founder Luis Muñoz Marin gets two votes; one for each face.

(d) CERTIFICATION OF PLEBISCITE RESULTS.—The Puerto Rico Popular Democratic Party shall certify the results of any plebiscite held under this Act to the People of Puerto Rico for another vote on whether or not to accept the Popular Democratic Party’s interpretation of the results. After said vote by voters in Puerto Rico, the Popular Democratic Party shall verify and certify that vote, send it to a Blue Ribbon Committee for no less than two years but no more than 5 years. After this period of legislative cooling, the results and all reports and analysis collected thereto, herein, and aforesaid, the Popular Democratic Party shall send every ballot box on a victory lap around the island, visiting all 78 municipalities and 900 barrios of the island where every child under 5 shall be present (unless said absence is accompanied by a doctor’s note). After the island-wide Caravana (building-size speakers optional), the Popular Democratic Party shall call forth a Constituent Assembly to further analyze and scrutinize the vote. After a period of no more than ten years, the Popular Democratic Party shall finally certify the process to the President of the United States and to the Members of the Senate and House of Representatives of the United States for immediate action on future changes or vice versa, respectively.

———————————————————————————————————————

GOOD LUCK, PUERTO RICO!

The Status: 2011

H.R. 2499’s Failure in Congress and Its Success in Puerto Rico

–

Resident Commissioner Pedro Pierluisi (D-PR) has confirmed to El Nuevo Dia that once the President’s Task Force on Puerto Rico Status (Task Force) releases its report at the end of December, the territory’s New Progressive Party (PNP), pro-statehood government will begin the necessary work to carry out a local (not congressionally sanctioned) plebiscite, which means a vote could happen by mid-2011. During the roundtable with various Spanish-speaking newspapers and news agencies, Res. Comm. Pierluisi expressed his support for the White House’s work on the Puerto Rico status, although the administration postponed to December the release of the report, which was due in October. The territory’s sole (non-voting) representative also expressed his contentment with the administration’s reestablishment of its commitment to the status issue.

Puerto Rico’s representative in Washington specifically said that “Once the White House recognizes the status options available to [Puerto Rico], we will be ready to carry out the next plebiscite in the island.”

A day before the Resident Commissioner’s remarks, President Obama (during his own press conference) restated his administration’s commitment to ending the citizenship inequality that exists in Puerto Rico. Although the President has also said that his principal focus is on the status of the territory, the Task Force has been charged with immediate economic development of the island—regardless of whether the status gets resolved or not.

The comments by Res. Comm. Pierluisi and the President are the latest in the status debate in the “H.R. 2499 Era.” The Puerto Rico Democracy Act of 2009/10 (H.R. 2499) began as the most bipartisan effort on Puerto Rico’s status, only to see its Republican (and some Democratic) support in the House erode in the hours before the final vote in the lower house. It passed the House with a comfortable margin, but only after it came really close (four votes close) to capitulating to a motion to recommit, which would have sent it back to committee never to be seen again.

A year after having been introduced in the House, H.R. 2499 was handed to the Senate for consideration, where it was received by the Committee on Energy and Natural Resources with the usual senatorial disdain; the bill died before it arrived in the upper house—or at least once it entered the chamber, who knows? What we do know is that senators could not find “consensus” on the measure to move it out of committee and into the full senate.

Although Res. Comm. Pierluisi’s bill did not make to the President’s desk, the work that the House Committee on Natural Resources and many other devoted members of the chamber did on behalf of H.R. 2499’s passage cannot be understated. As such, the Resident Commissioner must walk a fine line between encouraging his New Progressive Party about a locally sanctioned status plebiscite, and keeping with the letter of the bill his peers did report out of the House (post-Foxx Amendment H.R. 2499). The reason is that the Resident Commissioner still has two more years in office because he is the only member with a four-year term, and he will need friends when he goes back.

This is a tough spot in which to be for Res. Comm. Pierluisi. After all, H.R. 2499 in its original form was a (just) stroke of genius. As introduced, the bill did three important things in the history of the “status”: 1) it separated the permanent, sovereign options (i.e. independence and statehood) from the non-permanent, territorial option of “Commonwealth”; 2) because of (1), it allowed the “Commonwealth” a chance to vie for continued existence through a democratic majority vote; and 3) because of (2), it placed an eight-year cycle on the “Commonwealth” status so that voters in Puerto Rico could only extend the status quo temporarily (because the territorial status cannot be permanent).

That was on May 19, 2009; a year later, however, things had changed—H.R. 2499 had changed. Although the bill surmounted many frivolous obstacles and underwent a few insignificant changes (e.g. Congress mandated bilingual ballots and put the financial burden of the plebiscite on Puerto Rico’s government), it lost its originality on the status question (and its likely solution) when the House adopted the Foxx Amendment. The effect of the amending motion upon the bill, arguably, might have made it viable and likely to succeed out of the House, but it turned it into a useless bill fit for recommittal—and even withdrawal in conspicuous protest.

Post-Foxx Amendment, H.R. 2499 became an instrument of perpetual obstruction because it now asked the Americans of Puerto Rico to first vote on whether they wanted to change the current (“Commonwealth”) territorial status, and then included the status quo in the second round of voting—you know, the round that was supposed to give Puerto Ricans a permanent solution. All that, with the added bonus of legitimizing the “Commonwealth” status once again as a possible permanent option.

Cynicism was not the only reason for the drastic change; instead, it was a combination of cynical congressional paternalism, ignorant political calculus, and ill-willed irrational policymaking at their best.

The prevailing argument against H.R. 2499 was that it was not “fair” because it separated the “Commonwealth” option from the statehood and independence options in a supposed attempt to “stack the deck” in favor of statehood. While it is true that under the original terms of H.R. 2499 Puerto Rico would have most likely been on track to statehood than to independence, the essential aspects of the status matter need not be ignored once that “conclusion” has been reach.

For example, whether statehood (or independence for that matter) “appears” like the likely “winner” upon the letter of the bill, we need not forget that the “status problem” is the “Commonwealth” status, and that any permanent option’s winning is what victory in the status problem looks like. Is that not what Congress, the President, all parties in Puerto Rico, the United Nations, Castro and Chavez all want? Why, then, should Congress mix two distinct status classes (i.e. permanent non-territorial and non-permanent territorial) in any plebiscite? A minority of Puerto Ricans cannot be allowed to hold the status issue hostage to progress. Concurrently, there should have been no problem with granting Puerto Rico’s “Commonwealth” supporters an opportunity to extend temporarily the territorial status if (and only if) they could garner a simple majority. Supporters of equality for the four million American citizens of Puerto Rico detest the idea of extending the territorial status any further, but given the fact that the only way that could happen was through a majority vote, we were satisfied that this was “the right way.”

H.R. 2499 in its original form might have failed in Congress, but the Puerto Rican electorate approved it long before that occurred. In fact, Governor Luis Fortuño and Res. Comm. Pierluisi campaigned on the plan; they won by the largest margin in Puerto Rico politics. Their slogan: “Every vote for the New Progressive Party is a vote for Statehood.”

Now, the Americans of Puerto Rico must accept the consequences of their stalled efforts for self-determination. A Congress that cannot pass a bill that will certify the permanent status options for Puerto Rico that most everybody understands are available (i.e. statehood and independence); a White House that insists on promoting territorial economic development to the dual detriment of equality and—ironically—true (democratic) economic development; an ever-growing series of political parties vying for their own (detached from constitutional reality) versions of a permanent status; and the vast majority of Americans in the states not having a clue as to what all of this means—all place the legislature of Puerto Rico in the unenviable position to take the lead in solving this problem, finally.

As such, the territory’s legislative chambers should implement their own recipe for status success; one bolder than the original Pierluisi bill. H.R. 2499 may not have had “consensus,” but it enjoyed an abundance of equity and moral fortitude. If the Popular Democratic Party (PPD) did not like H.R. 2499, it should like the legislature’s new plan even less. The plebiscite that will ultimately be carried out in Puerto Rico should not look like H.R. 2499. It ought to take out any concessions made to the enemies of equality, mainly the promotion and promulgation of the “Commonwealth” status as a viable permanent option.

Any plebiscite in which the people of Puerto Rico are asked to vote for legitimate, permanent, sovereign options should (and will) be welcomed by all sides; it just has to be done! H.R. 2499’s failure in Congress and the ostensibly weak-on-substance report expected from the Obama Administration’s Task Force should not deter supporters of self-determination in the Puerto Rico legislature from instituting what they think will, once and for all, rid Puerto Rico of its colonial history and pseudo-democratic “Commonwealth” status.

 

 

 

PNP, PIP, PPD, PPP, MUS … SOS!

How Puerto Rico’s Territorial Status Has Gotten out of Congressional Control and What It Means for Citizenship Equality

–

The Americans of Puerto Rico still wait for a chance to vote between statehood and independence, Congress wants nothing to do with legislating on the matter until petition, the U.S. House votes against and for the “Commonwealth” status quo in the same bill, the U.S. Senate is simply not interested and says nothing, the White House wants to focus on economic development of the territory while ignoring the biggest (democratic and economic) stimulus offered by certainty and equality, the Americans in the states are misinformed about the most elemental points of the status question, and the political parties of the island territory continue to clamor for everything under the status sun—it is official: Puerto Rico’s status is out of control!

Statehood or Independence? How about "Commonwealth" or "Free-Association"? ... Congress?

To be sure, Puerto Rico’s status per se (i.e. constitutionally) has not changed. In 1898, Puerto Rico was a “colony,” by 1917 it was a “territory,” in 1952 it became a “Commonwealth,” and in 1998, when Puerto Ricans revoked the 1952 mandate for “Commonwealth” status, Puerto Rico returned to its colonial status. Moreover, through that century the only status alternative that continues to grow is statehood.

For all that can be said about Puerto Rico’s status, one has been a constant: the enemies of equality are relentless in their obstructionism. So much so that the U.S. Congress (with its limited attention span) has punted again on the status question and the unequal citizenship that results from it. Congress has no other option. It hides under the constitutional principle that one Congress cannot bind another Congress (other than through constitutional amendment) to deny a law that unequivocally states Puerto Rico’s sovereign status options (outside the Territorial Clause powers), which the readers of La Chuleta Congelá know are independence or statehood. Their defense is to continue to say that Puerto Rico already has “authority” to call forth a referendum on the matter.

When Rep. Virginia Foxx (R-NC) offered her amendment to the Puerto Rico Democracy Act of 2009/10 (H.R. 2499) ordering that Puerto Ricans be offered the “Commonwealth” status quo after (presumably) having voted against it in the first round of voting, supporters of self-determination knew they were not dealing with a reasonable adversary. Once a reasonable compromise, Puerto Rico’s (constitutionally temporary) territorial transition has morphed over the past six decades (both at the national and local level) into a sort of permanent thought experiment on political organization in which all “scientists” are offering their unique projections.

In Puerto Rico, there are now five political parties. One, for all purposes, remains irrelevant to solving Puerto Rico’s status ills; the PPP, Puerto Ricans for Puerto Rico, is a policy-only party, not a status-and-policy party, and enjoysmarginal support among voters in Puerto Rico. The New Progressive Party (PNP) advocates for statehood, and the Puerto Rico Independence Party (PIP) does so for independence; these are the only two constitutional options available to territories. The Popular Democratic Party (PPD) advocates for the “Commonwealth” status quo and now finds itself divided from within. The Movement for a Sovereign Union (MUS), will undoubtedly draw most of its support from members of the PPD who do not want to continue with the “Commonwealth” status and who want something more akin to Free-Association, which is independence with a treaty of association with the U.S.

On its face, the MUS appears to (and does) hurt the PPD the most because it threatens to decimate its ranks, but there are direct consequences for the supporters of statehood because—as far off as a plebiscite victory might be because the Americans of Puerto Rico do not want to lose their American citizenship—the MUS can have the same effect that the PPD has had on the ballot for the past 60-year period in the island.

The PPD depends heavily on the number of its ranks to “prove” to everybody else that it is a “legitimate” option. Thus, if the MUS achieves enough support for its status option of, basically, Free-Association, then it can vie for control of certain legislative spots in 2012. All that will happen with the hopes of appearing on any future plebiscite on status in Puerto Rico.

Those developments could be harmful to self-determination for the Americans of Puerto Rico if there is not a concerted effort to keep the status plebiscite as a two-option plebiscite. Whether it is the PPD on the ballot as an equal and permanent status option (which it cannot be), or any other (third) status option, the results will be the same: the current “Commonwealth” status will prevail by default. Coupled with the fact that Congress, once again, has refused to intervene and rule on the matter, the prospects of more territorialism by default ought to be rejected and fought against.

The idea of statehood—its core philosophy, its definition of the future, its constitutionality, its promise—rests on fact. Territories are not perpetual. Their sub-constitutional order ends the minute the people of said territory vote in a democratic plebiscite for an option that is equal in law, balanced in civil burden, and absolutely clear in democratic representation.

The Americans of the territory want to keep their American citizenship, and statehood is the only non-territorial option that will give them equality in citizenship and secure it in perpetuity. No other party in the island territory can affirm as much. With American citizenship in mind, the push for self-determination, which hereto has been the means for the statehood end, must hence become the end to the statehood means. In other words, instead of pushing the idea of self-determination, which has been accepted universally, let us now push for statehood. Under a statehood mentality, we need not think of a political party made up of individuals who cannot make up their minds vis-à-vis the status issue because even those voters have made up their minds that their American citizenship will not be compromised.

Self-determination for Puerto Rico is far from complete, but the fact that all parties involved (and of consequence) have thus far admitted that Puerto Rico can become an independent republic or a state of the union leaves supporters of statehood free to carry out the necessary policies. The principal policy of statehood-centered attack on the enemies of equality must be the approval of a two-option plebiscite: statehood versus independence. The independence option would cover all such forms of the status; thus, “free-association” would be covered under the independence definition because the notion of free-association does not change the constitutional reality that Puerto Rico would be a nation of Puerto Rican (not American) citizenship.

Let the plebiscite be about what we all know it is about: citizenship!

A statehood-versus-independence plebiscite will cut through the status bickering, and the endless posturing by the PPD and PIP about Puerto Rican “nationhood.” Let us put the measure on the ballot as a matter of citizenship and let them vote for their preference. Be it in the PIP, or the PPD, or the MUS, or the PPP, they all have their preference of citizenship. Those of the PNP have unequivocally stated their preference, now the rest must be pushed to make theirs known.