Article Three of the Constitution of Puerto Rico

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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. [1]

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.

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.

Legislative branch of the government of Puerto Rico

The legislative branch of the government of Puerto Rico is responsible for enacting, amending, and repealing the laws of Puerto Rico. Article III of the Constitution of Puerto Rico vests the legislative power on the Legislative Assembly—which together with other agencies form the legislative branch. Article IV vests the executive power on the Governor —whom by its nature forms the executive branch— while Article V vests the judicial power on the Supreme Court of Puerto Rico—which by its nature forms the judicial branch. Although the Constitution does not establish such law, the legislative branch is also composed of other agencies which are subject to the Legislative Assembly but are not part of it.

Contents

The article establishes that the territorial legislature must be bicameral, and composed by the Senate as the upper house and the House of Representatives as the lower house. [2] It also established the composition of each house, and that Puerto Rico must be divided into senatorial and representative districts for the purpose of elections. [3] [2]

State legislature (United States)

A state legislature in the United States is the legislative body of any of the 50 U.S. states. The formal name varies from state to state. In 25 states, the legislature is simply called the Legislature, or the State Legislature, while in 19 states, the legislature is called the General Assembly. In Massachusetts and New Hampshire, the legislature is called the General Court, while North Dakota and Oregon designate the legislature the Legislative Assembly.

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.

An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house. The house formally designated as the upper house is usually smaller and often has more restricted power than the lower house. Examples of upper houses in countries include the Australian Senate, Brazil's Senado Federal, the Canadian Senate, France's Sénat, Germany's Bundesrat, India's Rajya Sabha, Ireland's Seanad, Malaysia's Dewan Negara, Myanmar's Amyotha Hluttaw, the Netherlands' Eerste Kamer, Pakistan's Senate of Pakistan, Russia's Federation Council, Switzerland's Council of States, United Kingdom's House of Lords and the United States Senate.

The article also established a board that must revise the districts after each decennial census so that they remain practicable, and divided upon the basis of population and means of communication. [4] It also established how the number of members of each house must increase when a political party obtains more than two thirds of the seats in one or both houses. [5] This was done in order to reduce the likelihood of one party having absolute control over constitutional amendments, as these require at least two thirds of the vote of each house in order to be enacted. [6]

United States Census Decennial census mandated by Article I, Section 2 of the United States Constitution

The United States Census is a decennial census mandated by Article I, Section 2 of the United States Constitution, which states: “Representatives and direct Taxes shall be apportioned among the several States... according to their respective Numbers.... The actual Enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent Term of ten Years”. Section 2 of the 14th Amendment amended Article I, Section 2 to include that the "respective Numbers" of the "several States" will be determined by "counting the whole number of persons in each State... excluding Indians not taxed...” The United States Census Bureau is responsible for the United States Census. The Bureau of the Census is part of the United States Department of Commerce.

A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions (codicils), thus changing the frame of government without altering the existing text of the document.

Article Four was also very loose regarding the rules overseeing each house, establishing that each house must be the sole judge of the election, returns and qualifications of its members, that each house must choose its own officers, and that each house must adopt rules for its own proceedings appropriate to legislative bodies. [7] This, in essence, gives broad powers to each house on how to structure itself and which procedures it must follow. It, however, established the posts of President of the Senate and Speaker of the House without any other specifics besides the title of the posts although interpretatively the article meant them to be the presiding officers of their respective house. [7]

President of the Senate of Puerto Rico Highest-ranking officer and the presiding officer of the Senate of Puerto Rico

The President of the Senate of Puerto Rico is the highest-ranking officer and the presiding officer of the Senate of Puerto Rico. The president has voting powers as it is elected amongst the own members of the Senate as established by Article III of the Constitution of Puerto Rico. The Constitution, however, does not establish its functions and since the Senate is the only body authorized by the Constitution to regulate its own internal affairs, the functions of the president vary from session to session—save being called "President" as the Constitution establishes. The president is typically elected during the Senate's inaugural session.

Speaker of the House of Representatives of Puerto Rico

The President of the House of Representatives of Puerto Rico —commonly called the Speaker of the House — is the highest-ranking officer and the presiding officer of the House of Representatives of Puerto Rico. The Speaker has voting powers as it is elected amongst the own members of the House as established by Article III of the Constitution of Puerto Rico. The Constitution, however, does not establish its functions and since the House is the only body authorized by the Constitution to regulate its own internal affairs, the functions of the Speaker vary from session to session—save being called "Speaker" as the Constitution establishes. The Speaker is typically elected during the House inaugural session.

The article also established that the sessions of each house must be open, what constitutes quorum, and where should they meet, namely in the Capitol of Puerto Rico. [8] [9] [10] It also granted parliamentary immunity to its members. [11]

Quorum

A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group. According to Robert's Rules of Order Newly Revised, the "requirement for a quorum is protection against totally unrepresentative action in the name of the body by an unduly small number of persons."

Capitol of Puerto Rico Government building in San Juan, Puerto Rico

The Capitol of Puerto Rico is located on the Islet of San Juan just outside the walls of Old San Juan. The building is home to the bicameral Legislative Assembly, composed of the House of Representatives and Senate. The building is located in the Puerta de Tierra sector of San Juan.

Parliamentary immunity, also known as legislative immunity, is a system in which members of the parliament or legislature are granted partial immunity from prosecution. Before prosecuting, it is necessary that the immunity be removed, usually by a superior court of justice or by the parliament itself. This reduces the possibility of pressing a member of the parliament to change his or her vote by fear of prosecution.

Article Four also established the parliamentary procedure to enact bills, namely that they must be printed, read, referred to a commission and returned therefrom with a written report, approved by the majority of which each house is composed, and signed by the governor in order to become law. [12] [13] The article also established the exclusive powers of each house, as well as establishing the post of Comptroller. [14] [15]

Bill (law) proposed law

A bill is proposed legislation under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act of the legislature, or a statute. Bills are introduced in the legislature and are discussed, debated and voted upon.

A legislative commission is a legislative sub-organization in the Legislative Assembly of Puerto Rico that handles a specific duty rather than the general duties of the Assembly. Article III of the Constitution of Puerto Rico establishes that no bill shall become law unless it has been printed, read, and referred to a commission and returned therefrom with a written report.

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.

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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.

Parliament of Canada the federal legislative branch of Canada

The Parliament of Canada is the federal legislature of Canada, seated at Parliament Hill in Ottawa, the national capital. The body consists of the Canadian monarch, represented by a viceroy, the Governor General; an upper house, the Senate; and a lower house, the House of Commons. Each element has its own officers and organization. By constitutional convention, the House of Commons is dominant, with the Senate and monarch rarely opposing its will. The Senate reviews legislation from a less partisan standpoint and the monarch or viceroy provides royal assent to make bills into law.

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.

Congress of Colombia parliament

The Congress of the Republic of Colombia is the name given to Colombia's bicameral national legislature.

An entrenched clause or entrenchment clause of a basic law or constitution is a provision that makes certain amendments either more difficult or impossible to pass, making such amendments inadmissible. Overriding an entrenched clause may require a supermajority, a referendum, or the consent of the minority party.

House of Representatives of Puerto Rico Legislature

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

Supreme Court of Puerto Rico Territorial Supreme Court of the U.S. affiliated island

The Supreme Court of Puerto Rico —Spanish: Tribunal Supremo de Puerto Rico (TSPR)— is the highest court of Puerto Rico, having judicial authority to interpret and decide questions of Puerto Rican law. The Court is analogous to one of the state supreme courts of the states of the United States; being the Supreme Court of Puerto Rico the highest state court and the court of last resort in Puerto Rico. Article V of the Constitution of Puerto Rico vests the judicial power in the Supreme Court—which by its nature forms the judicial branch of the government of Puerto Rico. The Supreme Court holds its sessions in San Juan.

Italian Parliament legislature of Italy

The Italian Parliament is the national parliament of the Italian Republic. It is the representative body of Italian citizens and is the successor to the Parliament of the Kingdom of Sardinia (1848–1861) and the Parliament of the Kingdom of Italy (1861–1946). It is a bicameral legislature with 945 elected members and a small number of unelected members (parlamentari). The Italian Parliament is composed of the Chamber of Deputies and Senate of the Republic. The two houses are independent from one another and never meet jointly except under circumstances specified by the Constitution of Italy.

Elections in Puerto Rico

Elections in Puerto Rico are guaranteed by Article VI of the Constitution of Puerto Rico and the Electoral Code of Puerto Rico for the 21st Century Act. All processes are overseen and managed in whole by the Puerto Rico State Elections Commission; an autonomous agency of the executive branch of the government of Puerto Rico.

Constitution of Belgium constitution

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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. 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. 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.

The Chief Justice of the Supreme Court of Puerto Rico is the presiding officer of the Supreme Court of Puerto Rico. The post of Chief Justice was created by Article V of the Constitution of Puerto Rico. The constitution also established in several articles that the Chief Justice must:

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.

References

  1. ↑ Article III, Section 1 of the Constitution of Puerto Rico  (July 25, 1952)
  2. 1 2 Article III, Section 3 of the Constitution of Puerto Rico  (July 25, 1952)
  3. ↑ Article III, Section 2 of the Constitution of Puerto Rico  (July 25, 1952)
  4. ↑ Article III, Section 4 of the Constitution of Puerto Rico  (July 25, 1952)
  5. ↑ Article III, Section 7 of the Constitution of Puerto Rico  (July 25, 1952)
  6. ↑ Article VII, Section 1 of the Constitution of Puerto Rico  (July 25, 1952)
  7. 1 2 Article III, Section 9 of the Constitution of Puerto Rico  (July 25, 1952)
  8. ↑ Article III, Section 11 of the Constitution of Puerto Rico  (July 25, 1952)
  9. ↑ Article III, Section 12 of the Constitution of Puerto Rico  (July 25, 1952)
  10. ↑ Article III, Section 13 of the Constitution of Puerto Rico  (July 25, 1952)
  11. ↑ Article III, Section 15 of the Constitution of Puerto Rico  (July 25, 1952)
  12. ↑ Article III, Section 17 of the Constitution of Puerto Rico  (July 25, 1952)
  13. ↑ Article III, Section 19 of the Constitution of Puerto Rico  (July 25, 1952)
  14. ↑ Article III, Section 21 of the Constitution of Puerto Rico  (July 25, 1952)
  15. ↑ Article III, Section 22 of the Constitution of Puerto Rico  (July 25, 1952)
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