Article Four of the Constitution of Puerto Rico

Last updated

Article Four of the Constitution of Puerto Rico describes the powers, structure, functions, responsibilities, and legal scope of the Governor of Puerto Rico, the executive branch of the government of Puerto Rico. [1] The article establishes the term length of the governor and the requirements to hold such post, as well as establishing the governor as commander-in-chief of the militia, namely the Puerto Rico National Guard. [2] It also establishes that the governor must present a State of the State address to the Legislative Assembly each year, as well as a report on the Budget of the Government of Puerto Rico. [2]

Constitution of Puerto Rico Constitution of the U.S.-affiliated island

The Constitution of the Commonwealth of Puerto Rico is the controlling government document of Puerto Rico. It is composed of nine articles detailing the structure of the government as well as the function of several of its institutions. The document also contains an extensive and specific bill of rights. Since Puerto Rico is a commonwealth of the United States, the Puerto Rico Constitution is bound to adhere to the postulates of the U.S. Constitution due to the Supremacy Clause, and of relevant Federal legislation due to the Territorial Clause.

Governor of Puerto Rico Head of government of the U.S. commonwealth of Puerto Rico

The governor of Puerto Rico is the head of government of Puerto Rico and, by its nature, constitutes the executive branch of the government of the island. The governor is also the commander-in-chief of the island's military forces, the Puerto Rico National Guard.

Executive branch of the government of Puerto Rico Chief executive body of Puerto Rico

The executive branch of the government of Puerto Rico is responsible for executing the laws of Puerto Rico, as well as causing them to be executed. Article IV of the Constitution of Puerto Rico vests the executive power on the Governor—whom by its nature forms the executive branch.

The article also establishes the Council of Secretaries, and that all secretaries must be appointed with the advice and consent from the Senate of Puerto Rico, except for the Secretary of State which requires the advice and consent of the House of Representatives as well. [3]

Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts. It describes either of two situations: where a weak executive branch of a government enacts something previously approved of by the legislative branch or where the legislative branch concurs and approves something previously enacted by a strong executive branch.

Senate of Puerto Rico Subnational legislature

The Senate of Puerto Rico is the upper house of the Legislative Assembly of Puerto Rico, the territorial legislature of Puerto Rico. The Senate, together with the House of Representatives of Puerto Rico, control the legislative branch of the government of Puerto Rico.

Secretary of State of Puerto Rico Government of Puerto Rico

The Secretary of State of Puerto Rico leads all efforts that promote the cultural, political, and economical relations between Puerto Rico and foreign countries, and other jurisdictions of the United States. The post was created by Article IV of the Constitution of Puerto Rico which merely establishes that the secretary serves as acting governor when the governor is unable to perform his duties—a post similar to that of a lieutenant governor in U.S. politics. In recent times, however, the post has evolved into one similar to that of a foreign minister. Today, the secretary is the officer in charge of Puerto Rico's foreign relations, albeit under the consent of Congress or the U.S. Department of State due to Puerto Rico's political status.

Article Four also established several executive departments, namely the departments of Agriculture and Commerce, Education, Health, Justice, Labor, State, Public Works, and Treasury. [4] The Department of Agriculture and Commerce was later renamed to the Department of Agriculture, while several decades later the Department of Commerce and Economic Development was created by extraconstitutional law.

Executive departments of the government of Puerto Rico Wikimedia list article

The executive departments of the government of Puerto Rico provide public services to the citizens of Puerto Rico. Currently, there are 15 departments, some with their own sub-agencies and divisions. Each department is run by a Secretary, who is named by the Governor of Puerto Rico and confirmed by the Puerto Rico Senate, except for the Secretary of State who is also confirmed by the House of Representatives. In a parliamentary system, the Departments would be the equivalent of Ministries.

The article also established the first steps towards the Puerto Rico governmental line of succession, establishing the Secretary of State as first in line of succession. [5]

Puerto Rico governmental line of succession Defines who may become or act as Governor of Puerto Rico

The Puerto Rico governmental line of succession defines who may become or act as Governor of Puerto Rico upon the incapacity, death, resignation, or removal from office of a sitting governor or a governor-elect.

Related Research Articles

Foraker Act Application of United States law in Puerto Rico

The Foraker Act, Pub.L. 56–191, 31 Stat. 77, enacted April 12, 1900, officially known as the Organic Act of 1900, is a United States federal law that established civilian government on the island of Puerto Rico, which had recently become a possession of the United States as a result of the Spanish–American War. Section VII of the Foraker Act also established Puerto Rican citizenship. President William McKinley signed the act on April 12, 1900 and it became known as the Foraker Act after its sponsor, Ohio Senator Joseph B. Foraker. Its main author has been identified as Secretary of War Elihu Root.

Government of Puerto Rico Government of Puerto Rico

The government of Puerto Rico is a republican form of government with separation of powers, subject to the jurisdiction and sovereignty of the United States. Article I of the Constitution of Puerto Rico defines the government and its political power and authority pursuant to U.S. Pub.L. 82–447. Said law mandated the establishment of a local constitution due to Puerto Rico's political status as a commonwealth of the United States. Ultimately, the powers of the government of Puerto Rico are all delegated by Congress and lack full protection under the U.S. Constitution. Because of this, the head of state of Puerto Rico is the President of the United States.

Federal government of the United States National government of the United States

The federal government of the United States is the national government of the United States, a federal republic in North America, composed of 50 states, a federal district, five major self-governing territories and several island possessions. The federal government is composed of three distinct branches: legislative, executive and judicial, whose powers are vested by the U.S. Constitution in the Congress, the president and the federal courts, respectively. The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts inferior to the Supreme Court.

Legislative Assembly of Puerto Rico Territorial legislature of Puerto Rico

The Legislative Assembly of Puerto Rico is the territorial legislature of the Commonwealth of Puerto Rico, responsible for the legislative branch of the government of Puerto Rico. The Assembly is a bicameral legislature consisting of an upper house, the Senate normally composed by 27 senators, and the lower house, the House of Representatives normally composed by 51 representatives. Eleven members of each house are elected at-large rather than from a specific legislative district with all members being elected for a four-year term without term limits.

U.S. state constituent political entity of the United States

In the United States, a state is a constituent political entity, of which there are currently 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory and shares its sovereignty with the federal government. Due to this shared sovereignty, Americans are citizens both of the federal republic and of the state in which they reside. State citizenship and residency are flexible, and no government approval is required to move between states, except for persons restricted by certain types of court orders. Four states use the term commonwealth rather than state in their full official names. The term does not describe or provide for any specific political status or legal relationship when used by a state.

Lieutenant governor (United States) sub-national title in the United States

In the United States, 45 of the 50 states have an office of lieutenant governor. In two of the 45 states, the speaker of the upper house of the state legislature serves in such a capacity. In most cases, the lieutenant governor is the highest officer of state after the governor, standing in for that officer when they are absent from the state or temporarily incapacitated. In the event a governor dies, resigns or is removed from office, the lieutenant governor typically becomes governor.

Puerto Rico Department of Justice Government of Puerto Rico

The Department of Justice of Puerto Rico (DOJ) —Spanish: Departamento de Justicia de Puerto Rico— is the executive department of the government of Puerto Rico responsible for the enforcement of Puerto Rican law and the administration of justice. The Department is equivalent to the justice or interior ministries of other countries. The Department is headed by the Secretary of Justice of Puerto Rico and has been in existence in one form or another since Puerto Rico was a Spanish colony. The current agency was created by the Constitution of Puerto Rico in 1952.

Puerto Rico Department of Agriculture Government of Puerto Rico

The Department of Agriculture of Puerto Rico is one of the few Cabinet-level government agencies explicitly created by the Constitution of Puerto Rico as the Department of "Agriculture and Commerce", most of the commerce at the time of its enactment being agriculture-based. DAPR oversees rural development work and conservation and is headed by a cabinet secretary. The current appointed secretary is Myrna Comas Pagan.

Puerto Rico Department of Health Government of Puerto Rico

The Department of Health of Puerto Rico is one of the Cabinet-level agencies directly created by Article 4, Section 6 of the Constitution of Puerto Rico. It is headed by a Secretary of Health, appointed by the Governor of Puerto Rico and requiring the advice and consent of the Senate of Puerto Rico. The Secretary of Health is eighth in the line of gubernatorial succession.

The Cabinet of Puerto Rico is the cabinet of the government of Puerto Rico and is composed of the most senior appointed officers of the executive branch of the government of Puerto Rico, who are generally the heads of the executive departments —known as the Council of Secretaries— and other officers at the same bureaucratic level—known as the Cabinet-level officers.

The Council of Secretaries of Puerto Rico is the group composed by the heads of the executive departments of the government of Puerto Rico. The Council is charged with leading the different sectors of public administration within the government and does not constitute an agency by itself.

Article Five of the Constitution of Puerto Rico describes the powers, structure, functions, responsibilities, and legal scope of the Supreme Court of Puerto Rico, the judicial branch of the government of Puerto Rico. The article also establishes that the Supreme Court must be the court of last resort, and that it must be composed by a Chief Justice and several Associate Justices. It also establishes that judges must be appointed by the Governor of Puerto Rico with the advice and consent from the Senate of Puerto Rico.

Article Three of the Constitution of Puerto Rico describes the powers, structure, functions, responsibilities, and legal scope of the Legislative Assembly of Puerto Rico, the legislative branch of the government of Puerto Rico.

The foreign and intergovernmental relations of Puerto Rico are governed by the Commerce and Territorial Clause of the Constitution of the United States. Because of this, they are subject to the plenary powers of Congress. Nonetheless, Puerto Rico has established relations with foreign nations, particularly with Hispanic American countries such as Colombia and Panamá. The establishment of such relations, however, requires permission from the U.S. Department of State or Congress itself. Still, most relations are already set by existent laws or trade agreements established beforehand by the United States that supersede the relation pursued by Puerto Rico.

References

  1. ↑ Article IV, Section 1 of the Constitution of Puerto Rico  (July 25, 1952)
  2. 1 2 Article IV, Section 2 of the Constitution of Puerto Rico  (July 25, 1952)
  3. ↑ Article IV, Section 5 of the Constitution of Puerto Rico  (July 25, 1952)
  4. ↑ Article IV, Section 6 of the Constitution of Puerto Rico  (July 25, 1952)
  5. ↑ Article IV, Section 7 of the Constitution of Puerto Rico  (July 25, 1952)
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.