Commonwealth (U.S. insular area)

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Commonwealth is a term used by two unincorporated territories of the United States in their full official names, which are the Northern Mariana Islands, whose full name is Commonwealth of the Northern Mariana Islands, and Puerto Rico, which is named Commonwealth of Puerto Rico in English and Estado Libre Asociado de Puerto Rico in Spanish, translating to "Free Associated State of Puerto Rico." The term was also used by the Philippines during most of its period under U.S. sovereignty, when it was officially called the Commonwealth of the Philippines .

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The definition of commonwealth according to 2013 United States Department of State policy, as codified in the department's Foreign Affairs Manual , reads: "The term 'Commonwealth' does not describe or provide for any specific political status or relationship. It has, for example, been applied to both states and territories. When used in connection with areas under U.S. sovereignty that are not states, the term broadly describes an area that is self-governing under a constitution of its adoption and whose right of self-government will not be unilaterally withdrawn by the U.S. Congress." [1]

Current commonwealths

Commonwealth of Puerto Rico

Of the current U.S. insular areas, the term was first used by Puerto Rico in 1952 as its formal name in English ("Commonwealth of Puerto Rico"). The formal name in Spanish for Puerto Rico is Estado Libre Asociado de Puerto Rico ("Free Associated State of Puerto Rico"). The United States acquired the islands of Puerto Rico in 1898 after the Spanish–American War. In 1950, Congress enacted legislation (P.L. 81-600) authorizing Puerto Rico to hold a constitutional convention, and in 1952, the people of Puerto Rico ratified a constitution establishing a republican form of government for the island. [2] Puerto Rico's political relationship with the U.S. has been a continuing source of debate in Puerto Rico, the United States Congress, and the United Nations. The issue revolves around whether Puerto Rico should remain a U.S. territory, become a U.S. state, or become an independent country. The debate has spawned several referendums, presidential executive orders and bills in the U.S. Congress. Ultimately the U.S. Congress is the only body empowered to decide the political status of Puerto Rico, as stated under the Territorial Clause. [3]

Despite the Spanish translation of the term "commonwealth", Puerto Rico's relationship with United States is not a Compact of Free Association (which is the case for the Federated States of Micronesia, Palau, and the Marshall Islands). As sovereign states, these islands have full right to conduct their own foreign relations, while the Commonwealth of Puerto Rico is a territory of the United States.

The territory was organized by the Foraker Act in 1900, which was amended by the Jones–Shafroth Act in 1917. The drafting of the Constitution of Puerto Rico by its residents was authorized by Congress in 1951, and the result approved in 1952. The government of Puerto Rico has held several referendums with the options of U.S. statehood, independence, and commonwealth; the commonwealth option won on multiple plebiscites held in 1967, 1993, and 1998. [4] In 2012, 54% of the voters did not wish to continue the present territorial status. Of the non-territorial statuses, becoming a U.S. state got 61.16% of the votes, Sovereign Free Associate State got 33.34% and Independence got 5.49%. [5] In 2017, 97.18% voted overwhelmingly for statehood, with 1.5% for independence or free association and 1.32% for maintenance of the territorial status. [6] [7] The unusually high percentage of votes for statehood was attributed to a boycott led by the pro-status quo Popular Democrats, leading to a very low turnout of 22.93%, mainly made up of pro-statehood voters. [8] [9]

In 2020, there were only two options on the ballot. 52.52% of voters favored Puerto Rico's immediate admission to the Union and 47.48% voted against it, with a 54.72% turnout. [10]

Puerto Ricans have American citizenship and vote for a resident commissioner of Puerto Rico, with voice but without vote, in the United States House of Representatives. With the exception of federal employees (such as employees of the United States Postal Service, Federal Bureau of Investigation, and servicemen in all branches of the military) and people who earn their income from outside of the U.S. territories, residents of Puerto Rico generally do not pay federal income taxes, but are required to pay all other federal taxes (such as Social Security and Medicare) and Puerto Rico has no representation in the Electoral College that ultimately chooses the U.S. president and vice president.

Puerto Rico has sports sovereignty, with its own national team at the Olympics and at other international competitions. Puerto Rico also participates in different international organizations such as the Economic Commission for Latin America (ECLA) (associate member), the Organization of Ibero-American States (full member), and the Ibero-American Summit (associate member). [11]

Commonwealth of the Northern Mariana Islands

In 1976, Congress approved the mutually negotiated Covenant to Establish a Commonwealth of the Northern Mariana Islands (CNMI) in Political Union with the United States. [12] Prior to November 28, 2009, the Immigration and Nationality Act (INA) did not apply in the CNMI. Rather, a separate immigration system existed in the CNMI. This system was established under the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America ("Covenant"), which was signed in 1975 and codified as 48 U.S.C. § 1801. The covenant was unilaterally amended by the Consolidated Natural Resources Act of 2008 (CNRA) approved by the U.S. Congress on May 8, 2008, thus altering the CNMI's immigration system, making the Immigration and Nationality Act the applicable immigration law of CNMI. [lower-alpha 1]

Transition to U.S. Immigration Law began November 28, 2009 in the Commonwealth of the Northern Mariana Islands (CNMI). CNMI's immigration laws have been replaced by the INA and other U.S. immigration laws. [14] [15]

Representation in Congress

U.S. insular areas are not afforded direct representation in the federal legislature, either in the Senate or in the House of Representatives.

Article I, Section 3 of the Constitution provides that each U.S. state is entitled to two senators, but makes no provision for representation of insular areas in the Senate.

Article I, Section 2 of the Constitution apportions seats in the House of Representatives among the U.S. states by population, with each state being entitled to at least one representative, but makes no provision for representation of insular areas in the House. Insular areas are, however, afforded limited representation in the House by a delegate who may vote in committee but not on the House floor. [16]

Former commonwealth

Commonwealth of the Philippines

The Commonwealth of the Philippines was an insular area that used "Commonwealth" in its official name, "Commonwealth of the Philippine Islands", from November 15, 1935 until July 4, 1946. The United States recognized the then-future independence of the Philippines in 1934 but called for a ten-year transitional period. [17]

See also

Notes

  1. ↑ Specifically, CNRA § 702(a) amended the Covenant to state that "the provisions of the 'immigration laws' (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) shall apply to the Commonwealth of the Northern Mariana Islands."2 Further, under CNRA § 702(a), the "immigration laws", as well as the amendments to the Covenant, "shall ... supersede and replace all laws, provisions, or programs of the Commonwealth relating to the admission of aliens and the removal of aliens from the Commonwealth." [13]

Related Research Articles

Guam is a two-party presidential representative democracy, in which the Governor is the head of government. Guam is an organized, unincorporated territory of the United States, with policy relations between Guam and the US under the jurisdiction of the Office of Insular Affairs. Guam is also listed on the United Nations list of non-self-governing territories.

<span class="mw-page-title-main">Northern Mariana Islands</span> Unincorporated territory of the US

The Northern Mariana Islands, officially the Commonwealth of the Northern Mariana Islands, is an unincorporated territory and commonwealth of the United States consisting of 14 islands in the northwestern Pacific Ocean. The CNMI includes the 14 northernmost islands in the Mariana Archipelago; the southernmost island, Guam, is a separate U.S. territory. The Northern Mariana Islands were listed by the United Nations as a non-self-governing territory until 1990.

<span class="mw-page-title-main">Politics of Puerto Rico</span>

The politics of Puerto Rico take place in the framework of a democratic republic form of government that is under the jurisdiction and sovereignty of the United States Congress as an organized unincorporated territory. Since the 1898 invasion of Puerto Rico by the United States during the Spanish–American War, politics in Puerto Rico have been significantly shaped by its status as territory of the United States. The nature of Puerto Rico's political relationship with the United States is the subject of ongoing debate in Puerto Rico, in the United States, the United Nations and the international community, with all major political parties in the archipelago calling it a colonial relationship.

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<span class="mw-page-title-main">51st state</span> Proposals to admit a new state into the United States

The 51st state in American political discourse refers to the concept of granting statehood to one of the United States' territories, splitting one or more of the existing states up to form a new state, or granting statehood to the District of Columbia, thereby increasing the number of states in the Union from 50 to 51; a new state has not been admitted since Hawaii in 1959.

<span class="mw-page-title-main">Insular area</span> U.S. territory that is neither a U.S. state nor the District of Columbia

In the law of the United States, an insular area is a U.S.-associated jurisdiction that is not part of a U.S. state or the District of Columbia. This includes fourteen U.S. territories administered under U.S. sovereignty, as well as three sovereign states each with a Compact of Free Association with the United States. The term also may be used to refer to the previous status of the Swan Islands, Hawaii, Guam, Puerto Rico, and the Philippines, as well as the Trust Territory of the Pacific Islands when it existed.

<span class="mw-page-title-main">Territories of the United States</span>

Territories of the United States are sub-national administrative divisions overseen by the federal government of the United States. The American territories differ from the U.S. states and Indian reservations as they are not sovereign entities. In contrast, each state has a sovereignty separate from that of the federal government and each federally recognized Native American tribe possesses limited tribal sovereignty as a "dependent sovereign nation". Territories are classified by incorporation and whether they have an "organized" government through an organic act passed by the Congress. American territories are under American sovereignty and, consequently, may be treated as part of the U.S. proper in some ways and not others. Unincorporated territories in particular are not considered to be integral parts of the U.S., and the U.S. Constitution applies only partially in those territories.

In the United States, each state has its own written constitution.

<span class="mw-page-title-main">Puerto Rico Democracy Act</span> Bill of the 111th U.S. Congress

The Puerto Rico Democracy Act is a bill to provide for a federally sanctioned self-determination process for the people of Puerto Rico.

<span class="mw-page-title-main">Puerto Rico statehood movement</span> Movement to grant Puerto Rico U.S. statehood

The Puerto Rico statehood movement aims to make Puerto Rico a state of the United States. Puerto Rico is an unincorporated territorial possession of the United States acquired in 1898 following the Spanish–American War, making it "the oldest colony in the modern world". As of 2023, the population of Puerto Rico is 3.2 million, around half the average state population and higher than that of 19 U.S. states. Statehood is one of several competing options for the future political status of Puerto Rico, including: maintaining its current status, becoming fully independent, or becoming a freely associated state. Puerto Rico has held six referendums on the topic. These are non-binding, as the power to grant statehood lies with the US Congress. The most recent referendum was in November 2020, with a majority (52.52%) of those who voted opting for statehood.

<span class="mw-page-title-main">Political status of Puerto Rico</span> Unincorporated territory of the United States

The Commonwealth of Puerto Rico is an unincorporated territory of the United States. As such, the archipelago and island of Puerto Rico is neither a sovereign nation nor a U.S. state.

There are differing points of view on whether Puerto Rico's political status as a territory of the United States should change. Four major viewpoints emerge in principle: that Puerto Rico maintains its current status, becomes a US state, becomes fully independent, or becomes a freely associated state.

<span class="mw-page-title-main">Status quo movement in Puerto Rico</span> Movement for Puerto Rico to remain a commonwealth of the U.S.

The status quo movement in Puerto Rico refers to initiatives throughout the history of Puerto Rico aimed at maintaining the current political status of Puerto Rico, that of a commonwealth of the United States.

Three main alternatives are generally presented to Puerto Rican voters during Puerto Rico political status referendums: full independence, maintenance or enhancement of the current commonwealth status, and full statehood into the American Union. The exact expectations for each of these status formulas are a matter of debate by a given position's adherents and detractors. Puerto Ricans have proposed positions that modify the three alternatives above, such as (a) indemnified independence with phased-out US subsidy, (b) expanded political but not fiscal autonomy, and (c) statehood with a gradual phasing out of federal tax exemption.

The Territories Clause of the United States Constitution allows for Congress to "dispose of" Puerto Rico and allow it to become independent of the U.S. or, under the authority of the Admissions Clause for it to be admitted as a state of the United States.

<span class="mw-page-title-main">Omnibus Territories Act of 2013</span>

The Omnibus Territories Act of 2013 is a bill that amend laws concerning the territories of American Samoa, Guam, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands. The bill would increase the size of the territory of the Northern Mariana Islands, start an energy plan for the areas, and expand turtle conservation efforts.

A referendum on the political status of Puerto Rico was held in Puerto Rico on June 11, 2017. The referendum had three options: becoming a state of the United States, independence/free association, or maintaining the current territorial status. Those who voted overwhelmingly chose statehood by 97%. This figure is attributed to a boycott led by the pro-status quo PPD party, which resulted in a 22.93% turnout.

<span class="mw-page-title-main">Puerto Rico Status Act</span>

The Puerto Rico Status Act, H.R. 2757, was a bill introduced during the 116th United States Congress. The intention of the bill is to grant Puerto Rico, an unincorporated territory of the United States, admission into the Union as a state. The bill was originally introduced in the 116th Congress and was reintroduced as H.R. 1522, on March 2, 2021, in the 117th Congress. It was referred to the House Committee on Natural Resources with last action taken on June 16.

The Marianas archipelago of the Northern Pacific contains fourteen islands located between Japan and New Guinea on a north–south axis and Hawaii and the Philippines on an east–west axis. Inhabitants were Spanish nationals from the 16th century until the Spanish–American War of 1898. As Guam became a territory of the United States the Northern Marianas were sold to Germany in 1899. The Northern Mariana Islands were a German protectorate until 1919, when they became part of the South Seas Mandate, administered by Japan. At the close of World War II, the Marianas became part of the Trust Territory of the Pacific Islands. In 1975, the Commonwealth of the Northern Mariana Islands became a self-governing territory. In 1986, the Marianas came under the sovereignty of the United States when the trusteeship ended and US nationality and citizenship was conferred on the inhabitants of the territory.

The law of the Northern Mariana Islands includes:

References

  1. ↑ "7 fam 1120 acquisition of u.s. nationality in u.s. territories and possessions". U.S. Department of State Foreign Affairs Manual Volume 7- Consular Affairs. U.S. Department of State. January 3, 2013. Archived from the original (PDF) on December 22, 2015. Retrieved December 13, 2015.
  2. ↑ Garrett, R. Sam (June 7, 2011). "Political Status of Puerto Rico: Options for Congress" (PDF). Congressional Research Service. Retrieved February 28, 2013.
  3. ↑ "Government". Welcome to Puerto Rico!. Magaly Rivera.
  4. ↑ December 2005 report of the President's Task Force on Puerto Rico's Status Archived March 26, 2009, at the Wayback Machine
  5. ↑ "General Elections 2012 and Plebiscite on Puerto Rico Political Status". Comisión Estatal de Elecciones. Archived from the original on August 4, 2013.
  6. ↑ Plebiscite for the decolonization of Puerto Rico results in English: "STATUS CONSULT ISLAND WIDE RESULTS". Archived from the original on June 25, 2017.
  7. ↑ "Analysis – Puerto Rico votes on statehood on Sunday — for the fifth time. Here's what's at stake". The Washington Post. Archived from the original on June 10, 2017.
  8. ↑ Frances Robles (June 11, 2017). "23% of Puerto Ricans Vote in Referendum, 97% of Them for Statehood". The New York Times . Archived from the original on October 6, 2017.
  9. ↑ "PDP to boycott status referendum". April 20, 2017. Archived from the original on September 29, 2017.
  10. ↑ "PLEBISCITE ISLAND WIDE RESULTS". Puerto Rico State Commission on Elections. Retrieved January 18, 2021.
  11. ↑ "Member States and associate members". cepal.org. Economic Commission for Latin America and the Caribbean. October 8, 2014.
  12. ↑ "Covenant". Commonwealth Law Revision Commission. CNMI-LRC. Archived from the original on January 17, 2013. Retrieved February 28, 2013.
  13. ↑ O'Leary, Brian M. "The Transition to the Immigration and Nationality Act in the Commonwealth of the Northern Mariana Islands" (PDF). U.S. Department of Justice. Archived from the original (PDF) on September 26, 2011. Retrieved February 28, 2013.
  14. ↑ Eugenio, Haidee V. (January 1, 2010). "CNMI loses immigration control in 2009". Saipan Tribune. Archived from the original on May 16, 2011.
  15. ↑ Misulich, Robert J. (2011). "A Lesser-Known Immigration Crisis: Federal Immigration Law in the Commonwealth of the Northern Mariana Islands" (PDF). Pacific Rim Law & Policy Journal Association.
  16. ↑ "Sablan WIll Stand For NMI Delegate Position". Pacific Magazine. Archived from the original on November 21, 2008.; Resident Commissioner; election 48 U.S.C.   § 891 .
  17. ↑ The Philippines independence Act (Tydings-McDuffie Act), Approved March 24, 1934, Section 10.(a), Chan Robles Law Library.
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