Puerto Rico instance of political territorial entity
Political status
The nature of Puerto Rico's political relationship with the U.S. is the subject of ongoing debate in Puerto Rico, the United States Congress, and the United Nations. Specifically, the basic question is whether Puerto Rico should remain an unincorporated territory of the U.S., become a U.S. state, or become an independent country.Constitutionally, Puerto Rico is subject to the plenary powers of the United States Congress under the territorial clause of Article IV of the U.S. Constitution. Laws enacted at the federal level in the United States apply to Puerto Rico as well, regardless of its political status. Their residents do not have voting representation in the U.S. Congress. Like the different states of the United States, Puerto Rico lacks "the full sovereignty of an independent nation", for example, the power to manage its "external relations with other nations", which is held by the U.S. federal government. The Supreme Court of the United States has indicated that once the U.S. Constitution has been extended to an area (by Congress or the courts), its coverage is irrevocable. To hold that the political branches may switch the Constitution on or off at will would lead to a regime in which they, not this Court, say "what the law is".Puerto Ricans "were collectively made U.S. citizens" in 1917 as a result of the Jones-Shafroth Act. U.S. citizens residing in Puerto Rico cannot vote in U.S. presidential elections, though both major parties, Republican and Democratic, hold primary elections in Puerto Rico to choose delegates to vote on the parties' presidential candidates. Since Puerto Rico is an unincorporated territory (see above) and not a U.S. state, the United States Constitution does not fully enfranchise U.S. citizens residing in Puerto Rico.Only fundamental rights under the American federal constitution and adjudications are applied to Puerto Ricans. Various other U.S. Supreme Court decisions have held which rights apply in Puerto Rico and which ones do not. Puerto Ricans have a long history of service in the U.S. Armed Forces and, since 1917, they have been included in the U.S. compulsory draft whensoever it has been in effect.
Though the Commonwealth government has its own tax laws, residents of Puerto Rico, contrary to a popular misconception, do pay U.S. federal taxes: customs taxes (which are subsequently returned to the Puerto Rico Treasury), import/export taxes, federal commodity taxes, social security taxes , etc. Residents pay federal payroll taxes, such as Social Security and Medicare, as well as Commonwealth of Puerto Rico income taxes. All federal employees, those who do business with the federal government, Puerto Rico-based corporations that intend to send funds to the U.S., and some others, such as Puerto Rican residents that are members of the U.S. military, and Puerto Rico residents who earned income from sources outside Puerto Rico also pay federal income taxes. In addition, because the cutoff point for income taxation is lower than that of the U.S. IRS code, and because the per-capita income in Puerto Rico is much lower than the average per-capita income on the mainland, more Puerto Rico residents pay income taxes to the local taxation authority than if the IRS code were applied to the island. This occurs because "the Commonwealth of Puerto Rico government has a wider set of responsibilities than do U.S. State and local governments."In 2009, Puerto Rico paid $3.742 billion into the U.S. Treasury. Residents of Puerto Rico pay into Social Security, and are thus eligible for Social Security benefits upon retirement. They are excluded from the Supplemental Security Income (SSI), and the island actually receives a smaller fraction of the Medicaid funding it would receive if it were a U.S. state. Also, Medicare providers receive less-than-full state-like reimbursements for services rendered to beneficiaries in Puerto Rico, even though the latter paid fully into the system.Puerto Rico's authority to enact a criminal code derives from Congress and not from local sovereignty as with the states. Thus, individuals committing a crime can only be tried in federal or territorial court, otherwise it would constitute double jeopardy and is constitutionally impermissible.In 1992, President George H. W. Bush issued a memorandum to heads of executive departments and agencies establishing the current administrative relationship between the federal government and the Commonwealth of Puerto Rico. This memorandum directs all federal departments, agencies, and officials to treat Puerto Rico administratively as if it were a state, insofar as doing so would not disrupt federal programs or operations.
Many federal executive branch agencies have significant presence in Puerto Rico, just as in any state, including the Federal Bureau of Investigation, Federal Emergency Management Agency, Transportation Security Administration, Social Security Administration, and others. While Puerto Rico has its own Commonwealth judicial system similar to that of a U.S. state, there is also a U.S. federal district court in Puerto Rico, and Puerto Ricans have served as judges in that Court and in other federal courts on the U.S. mainland regardless of their residency status at the time of their appointment. Sonia Sotomayor, a New Yorker of Puerto Rican descent, serves as an associate justice of the Supreme Court of the United States. Puerto Ricans have also been frequently appointed to high-level federal positions, including serving as United States ambassadors to other nations.
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