What it actually says is that the president must be a "natural-born citizen", a phrase that's interpreted different ways by different legal experts. Many think it includes anyone who gets citizenship based on the circumstances of their birth, whether that's from being born inside the US, being born abroad to US parents, or being born in a territory like Puerto Rico.
Some do argue that anyone born outside the the US proper would be excluded, but they seem to be in the minority, and the question has never been firmly settled by either the courts or the legislature. Yes, but with one massive exception: Most Puerto Rico residents who make their money within the territory get a special exemption from the federal income tax.
However, they still have to pay several smaller or less common federal taxes, like Social Security, business taxes, and estate taxes. Puerto Rico's territorial government also levies its own taxes, including an income tax and a sales tax , on residents of the islands. Currently, Puerto Rico is a constitutional republic like each of the 50 states - however, as an "organized territory" instead of a state, its government's authority doesn't come from the US constitution.
The US legislature had to pass legislation specifically allowing Puerto Rico to write its own constitution , and technically has the power to take that privilege away again if it wanted. Like the 50 states, Puerto Rico has its own elections , with a democratically-chosen governor and two-chamber legislature.
Any American citizen can vote in Puerto Rico, as long as they've lived there for at least 30 days. Federal law also requires that US citizens who have moved from Puerto Rico to another country be allowed to vote by mail in Puerto Rican elections, just like people who move abroad from one of the 50 states. Is it part of the United States? Is Puerto Rico a state of the US? If not, then what is it? The US territory of Puerto Rico.
Puerto Rico is also often called a "commonwealth" - a word from its official English name, the "Commonwealth of Puerto Rico" no relation to the Commonwealth of Nations , a group of countries that were formerly part of the British Empire. The word "commonwealth" here is pretty much just a synonym for "democracy" , referring to the territory's republic-style system of local government.
Several US states also have "commonwealth" in their full formal names. Email This BlogThis! As part of the peace treaty in December , the colony was transferred to the U. How yellow journalism helped spark the Spanish-American War. Puerto Ricans continued to call for autonomy.
In , the Foraker Act established a civilian government—but stopped short of conferring full rights on Puerto Ricans. Cabranes explains , white American legislators thought granting statehood to Puerto Rico would force the United States to admit the Philippines, which was another U. In , that changed with the Jones-Shafroth Act. Seeking to address ongoing tensions on the island, Congress passed the law which gave most Puerto Ricans U. In response, Puerto Rico held a constitutional convention, establishing its own republican form of government and bill of rights.
In , Puerto Rico adopted the official name of the Commonwealth of Puerto Rico and a new constitution. Some scholars and policymakers contend the term is a mere moniker, as in the state names of Massachusetts or Pennsylvania.
Others say it gives Puerto Rico a special status as a new kind of legal entity that renders it neither a territory nor a state. Either way, Puerto Ricans lack some of the key rights of mainland Americans. They are subject to federal laws, but lack voting representation in Congress: Though the Puerto Rican delegate in the U. House of Representatives may serve on committees and introduce bills, they cannot vote. See vintage pictures of life in Puerto Rico years ago. But a contingent of scholars and policymakers believe that Puerto Ricans are not full U.
Opponents say that while Puerto Rican-born citizens lack citizenship status on a constitutional basis, they received it on a statutory basis from the Nationality Act.
Despite a modern statehood movement—which includes an attempt to gain recognition from Congress, and an upcoming statehood referendum in November—it seems unlikely that Puerto Rico will become a state any time soon. In a Morning Consult poll , only 54 percent of mainland Americans knew Puerto Ricans are American citizens, and the United States has resisted calls from the United Nations to fully decolonize its territory.
Past referenda on the subject of statehood have also been highly contested. They surmised that because the island had an elected self-government and a constitution that it was no longer a colony. However, Ponsa-Kraus and other constitutional scholars argue that because the U. Further complicating the matter of status, the official name of Puerto Rico in Spanish is different from its name in English.
In Spanish, the territory is referred to as el Estado Libre Asociado de Puerto Rico , which translates to a free associated state. Under international law, a free associated state is an independent country that has enhanced association with another country through a treaty. This is also a misnomer since Puerto Rico is not an independent country but rather a U. For hundreds of years, the people of Puerto Rico have fought to decolonize the archipelago.
However, there has long been division over the best way to resolve this issue: statehood, enhanced commonwealth status where Puerto Rico is still in relationship with the United States but given more autonomy or independence.
Likewise, by simple legislation, Congress can provide for the independence of a territory. Despite its constitutional and legal simplicity, politics make the process complex.
In November , Puerto Ricans voted in a non-binding referendum on statehood. About 53 percent of Puerto Ricans favored statehood, while 47 percent rejected it.
However, only 55 percent of Puerto Ricans voted in the referendum. Statehood proponents viewed the results as proof that most Puerto Ricans want the territory to be admitted, but opponents questioned the validity of the votes as referendums are unbinding, often promoted solely by the pro-statehood party and include the opinions of only half of Puerto Ricans.
Some people oppose statehood based on the argument that Puerto Rico will assimilate to the United States if it becomes a state. But if you see something that doesn't look right, click here to contact us!
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