Are Puerto Ricans American CitizensPuerto Ricans are American citizens?
Is it true that Puerto Ricans are American citizens?
A recent survey revealed that 41% of those questioned did not believe that Puerto Ricans were US citizens, and 15% were not sure. Just 43% replied that Puerto Ricans were US citizens. Today the birth in Puerto Rico is synonymous with the birth in the United States.
In contrast to what many believe, the Jones Act that Congress adopted 100 years ago was neither the first nor the last law of Puerto Rican nationalism. The Puerto Rico Congress has discussed 101 proposed legislation on nationality since 1898 and adopted 11 superimposed nationality Acts. In the course of the years, these acts have granted three different kinds of nationality to Puerto Rican-born individuals.
I am part of an on-going cooperation program to help Puerto Ricans understand and explain the nationality of their citizens. This is the first year that we have made all nationality acts discussed between 1898 and today available to the general population in a web-based repository. They show that US Puerto Rican jurisprudence still defines Puerto Rico as an uncorporated area that can be selective considered a land alien within the meaning of the constitution.
That disagreement is at the core of a line of discriminatory statutes and policy used to regulate Puerto Rico and the more than 3. 5 million U.S. citizens who live on the isle. Discussions about the nationality of Puerto Rican-born people are mostly about the territory of Puerto Rico.
During the 1898 Spanish-American War, the United States invaded Puerto Rico. This allowed them to strategic-announce areas around the globe such as Guam, American Samoa, the US Virgin Islands and the Marianas for strategic and commercial ends without obliging Congress to state. In order to underpin these efforts, they also produced constitutional interpretation that would allow them to rule Puerto Rico and the other areas that had been annihilated during the Spanish-American War.
The Supreme Tribunal first stated in Downes v. Bidwell (1901) that areas that were annihilated after 1898 would be governed as "non-incorporated areas" or areas that were not destined to become states if they were mostly populated by non-white peoples or so-called "foreign races". At Downes, the tribunal was asked to decide on the constitutional nature of a trade rate for goods between the Isle of Puerto Rico and the Continent under the Foraker Act, a regional act passed in 1900 to regulate Puerto Rico.
Adversaries of the rate argue that it violates the uniformity clause of the Constitution, which prohibits customs duties on goods traded within the United States. However, a number of judges came to the conclusion that Puerto Rico was not part of the USA for the purpose of the uniformity clause and confirmed the rate.
The truth is that the United States was treating Puerto Rico as a strange state. In this case, the issue of how the Constitution applies to non-incorporated areas arose. In particular, the citizenship clause of the 14. Puerto Ricans are citizens of the constitution? Firstly, it recognises a distinction between included territory - those destined to become states - and non-incorporated territory.
This means that only basic constituent freedoms are safeguarded in non-incorporated areas, not the full implementation of citizens' freedoms. Thirdly, non-incorporated areas can be ruled on a selective basis as overseas sites in the constitutionally defined meaning. This means that as long as Congress does not violate the basic Puerto Rican constitution, Congress can consider Puerto Rico a strange state for law.
There is still a strong agreement to this date, in line with White's view that the nationality clause of the Fourteenth Century should be abolished. After the Downes verdict, Congress has ruled Puerto Rico as an independent and uneven state for 116 years. Foraker Act, which formed the core of the Downes case, had also granted Puerto Rico nationality to people who had been borne in Puerto Rico.
Persons living in Puerto Rico who were native to Spain were able to maintain their Puerto Ricans nationalities. The islanders were prevented from maintaining their Hispanic nationality, which was a Spaniard provinces during Puerto Rico, and from gaining American nationality.
In those days, people who aspired to naturalization and naturalization in the USA had to give up their membership of a state. The Puerto Ricans renounced their loyalty to the USA in order to obtain American nationality. It was this opposition that prevented the Puerto Ricans from gaining American nationality.
My research shows that the Puerto Ricans began naturalizing in US county tribunals all over the continent in 1906. There was a clause in the Jones Act of 1917 on joint nationality. This allowed Puerto Rico residents to either retain their Puerto Ricans or other citizenships or acquire US nationality.
Since the Jones Act did not alter the territory of Puerto Rico, people who were later borne on the islands were regarded as "jus sanguinis" (blood rights), a derived type of US citizen. That is, people in Puerto Rico were originally from outside the United States, but were still regarded as US citizens.
Only in 1940 did Congress pass a law granting the Puerto Rican-born the right of birth or "jus soli" (land law). While people who were in Puerto Rico before 1940 could only obtain naturalised nationality if their parent was a US citizen, anyone from Puerto Rico after 1940 obtained US nationality as a consequence of their birth on Puerto Rico territory.
Nationality Law of 1940 found that Puerto Rico was part of the United States for nationality purpose. Born in Puerto Rico on January 13, 1941 is a nationality born in the United States. The predominant consent among scientists, legislators and politicians, however, is that Puerto Ricans are not eligible for the right to be granted to a constitution.
Whilst the Puerto Ricans are official US citizens, the territories remain uncorporated. It is this inconsistency that has allowed the government of Puerto Rico as an independent and uneven area, which is part of, but not part of, the United States. The Puerto Ricans will hold a non-binding referendum on June 11 to decide whether Puerto Rico should become a state or a supreme state.