Puerto Rico instance of unincorporated territory
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.Military
As it is an unincorporated territory of the United States, the defense of Puerto Rico is provided by the United States as part of the Treaty of Paris with the president of the United States as its commander-in-chief. Puerto Rico has its own National Guard, and its own state defense force, the Puerto Rico State Guard, which by local law is under the authority of the Puerto Rico National Guard.
The commander-in-chief of both local forces is the governor of Puerto Rico who delegates his authority to the Puerto Rico adjutant general, currently Major General José J. Reyes. The Adjutant General, in turn, delegates the authority over the State Guard to another officer but retains the authority over the Puerto Rico National Guard as a whole.
U.S. military installations in Puerto Rico were part of the U.S. Atlantic Command (LANTCOM after 1993 USACOM), which had authority over all U.S. military operations that took place throughout the Atlantic. Puerto Rico had been seen as crucial in supporting LANTCOM's mission until 1999, when U.S. Atlantic Command was renamed and given a new mission as United States Joint Forces Command. Puerto Rico is currently under the responsibility of United States Northern Command.
Both the Naval Forces Caribbean (NFC) and the Fleet Air Caribbean (FAIR) were formerly based at the Roosevelt Roads Naval Station. The NFC had authority over all U.S. Naval activity in the waters of the Caribbean while FAIR had authority over all U.S. military flights and air operations over the Caribbean. With the closing of the Roosevelt Roads and Vieques Island training facilities, the U.S. Navy has basically exited from Puerto Rico, except for the ships that steam by, and the only significant military presence in the island is the U.S. Army at Ft Buchanan, the Puerto Rican Army and Air National Guards, and the U.S. Coast Guard. Protests over the noise of bombing practice forced the closure of the naval base. This resulted in a loss of 6,000 jobs and an annual decrease in local income of $300 million.A branch of the U.S. Army National Guard is stationed in Puerto Rico – known as the Puerto Rico Army National Guard – which performs missions equivalent to those of the Army National Guards of the different states of the United States, including ground defense, disaster relief, and control of civil unrest. The local National Guard also incorporates a branch of the U.S. Air National Guard – known as the Puerto Rico Air National Guard – which performs missions equivalent to those of the Air National Guards of each one of the U.S. states.
type of example of manifestation of representation of