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. It was ratified by Puerto Rico's electorate in a referendum on March 3, 1952, and on July 25, 1952, Governor Luis Muñoz Marín proclaimed that the constitution was in effect. July 25 is known as Constitution Day.
The Insular Cases are a series of opinions by the Supreme Court of the United States in 1901 about the status of U.S. territories acquired in the Spanish–American War. Some scholars also include cases regarding territorial status decided up until 1914, and others include related cases as late as 1979. The term "insular" signifies that the territories were islands administered by the War Department's Bureau of Insular Affairs. Today, the categorizations and implications put forth by the Insular Cases still govern the United States' territories.
A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due process of law.
Federico Degetau y González was a Puerto Rican politician, lawyer, writer, author, and the first Resident Commissioner of Puerto Rico to the United States House of Representatives.
The United States territorial courts are tribunals established in territories of the United States by the United States Congress, pursuant to its power under Article Four of the United States Constitution, the Territorial Clause. Most United States territorial courts are defunct because the territories under their jurisdiction have become states or been retroceded.
The Privileges and Immunities Clause prevents a state from treating citizens of other states in a discriminatory manner. Additionally, a right of interstate travel is associated with the clause.
Richard John Baker v. Gerald R. Nelson, 291 Minn. 310, 191 N.W.2d 185 (1971), was a case in which the Minnesota Supreme Court decided that construing a marriage statute to restrict marriage licenses to persons of the opposite sex "does not offend" the U.S. Constitution. Baker appealed the decision, and on October 10, 1972, the U.S. Supreme Court dismissed the appeal "for want of a substantial federal question".
The United States District Court for the District of Puerto Rico is the federal district court whose jurisdiction comprises the Commonwealth of Puerto Rico. The court is based in San Juan. The main building is the Clemente Ruiz Nazario United States Courthouse located in the Hato Rey district of San Juan. The magistrate judges are located in the adjacent Federico Degetau Federal Building, and several senior district judges hold court at the Jose V. Toledo Federal Building and U.S. Courthouse in Old San Juan. The old courthouse also houses the U.S. Bankruptcy Court. Most appeals from this court are heard by the United States Court of Appeals for the First Circuit, which is headquartered in Boston but hears appeals at the Old San Juan courthouse for two sessions each year. Patent claims as well as claims against the U.S. government under the Tucker Act are appealed to the Federal Circuit.
José Alberto Cabranes is an American lawyer who serves as a senior United States circuit judge of the United States Court of Appeals for the Second Circuit and a former presiding judge of the United States Foreign Intelligence Surveillance Court of Review ("FISCR"). Formerly a practicing lawyer, government official, and law teacher, he was the first Puerto Rican appointed to a federal judgeship in the continental United States (1979).
Francisco Augusto Besosa is a senior United States district judge of the United States District Court for the District of Puerto Rico.
Wooley v. Maynard, 430 U.S. 705 (1977), was a case in which the Supreme Court of the United States held that New Hampshire could not constitutionally require citizens to display the state motto upon their license plates when the state motto was offensive to their moral convictions.
Isabel González was a Puerto Rican activist who helped pave the way for Puerto Ricans to be given United States citizenship. As a young unwed pregnant woman, González had her plans to find and marry the father of her unborn child derailed by the United States Treasury Department when she was excluded as an alien "likely to become a public charge" upon her arrival in New York City. González challenged the Government of the United States in the groundbreaking case Gonzales v. Williams. Officially the case was known as Isabella Gonzales, Appellant, v. William Williams, United States Commissioner of Immigration at the Port of New York No. 225, argued December 4, 7, 1903, and decided January 4, 1904. Her case was an appeal from the Circuit Court of the United States for the Southern District of New York, filed February 27, 1903, after also having her writ of habeas corpus dismissed. Her Supreme Court case is the first time that the Court confronted the citizenship status of inhabitants of territories acquired by the United States. González actively pursued the cause of U.S. citizenship for all Puerto Ricans by writing letters published in The New York Times.
Flores-Figueroa v. United States, 556 U.S. 646 (2009), was a decision by the Supreme Court of the United States, holding that the law enhancing the sentence for identity theft requires proof that an individual knew that the identity card or number he had used belonged to another, actual person. Simply using a Social Security Number is not sufficient connection to another individual.
Puerto Rico is an island in the Caribbean region in which inhabitants were Spanish nationals from 1508 until the Spanish–American War in 1898, from which point they derived their nationality from United States law. Nationality is the legal means in which inhabitants acquire formal membership in a nation without regard to its governance type. In addition to being United States nationals, persons are citizens of the United States and citizens of the Commonwealth of Puerto Rico within the context of United States Citizenship. Miriam J. Ramirez de Ferrer v. Juan Mari Brás. Citizenship, the rights and obligations that each owes the other, once one has become a member of a nation. Though the Constitution of the United States recognizes both national and state citizenship as a means of accessing rights, Puerto Rico's history as a territory has created both confusion over the status of its nationals and citizens and controversy because of distinctions between jurisdictions of the United States. These differences have created what political scientist Charles R. Venator-Santiago has called "separate and unequal" statuses.
Posadas de Puerto Rico Associates v. Tourism Co. of Puerto Rico, 478 U.S. 328 (1986), was a 1986 appeal to the Supreme Court of the United States to determine whether Puerto Rico's Games of Chance Act of 1948 is in legal compliance with the United States Constitution, specifically as regards freedom of speech, equal protection and due process. In a 5–4 decision, the Supreme Court held that the Puerto Rico government (law) could restrict advertisement for casino gambling from being targeted to residents, even if the activity itself was legal and advertisement to tourists was permitted. The U.S. Supreme Court affirmed the Puerto Rico Supreme Court conclusion, as construed by the Puerto Rico Superior Court, that the Act and regulations do not facially violate the First Amendment, nor did it violate the due process or Equal Protection Clauses of the Fourteenth Amendment.
Rodríguez v. Popular Democratic Party, 457 U.S. 1 (1982), was a case in which the Supreme Court of the United States heard on appeal from the Supreme Court of Puerto Rico whether Puerto Rico may by statute vest in a political party the power to fill an interim vacancy in the Puerto Rico Legislature. The Supreme Court of Puerto Rico held that such a procedure did not violate the United States Constitution, and the US Supreme Court upheld the decision of the Supreme Court of Puerto Rico. The case was of some interest to close followers of the Court as it featured the one and only return of former associate justice, Abe Fortas, now in private practice, at oral argument on behalf of the appellee.
The political status of Puerto Rico has ramifications into many spheres of Puerto Rican life, and there are limits to the level of autonomy the Puerto Rican government has. For example, the Island's government is not fully autonomous, and the level of federal presence in the Island is common place, including a branch of the United States Federal District Court. There are also implications relative to the American citizenship carried by people born in Puerto Rico. Specifically, although people born in the Commonwealth of Puerto Rico are natural born U.S. citizens, their citizenship is not protected by the Citizenship Clause of the 14th Amendment to the U.S. Constitution. As such, the American citizenship of Puerto Ricans can be taken away by the U.S. Congress unilaterally. Puerto Ricans are also covered by a group of "fundamental civil rights" but, since Puerto Rico is not a state, Puerto Ricans are not covered by the full American Bill of Rights. As for taxation, Puerto Ricans pay U.S. federal taxes, but most residents of the island are not required to file federal income tax returns. Representation-wise, Puerto Ricans have no voting representative in the U.S. Congress, but do have a Resident Commissioner who has a voice in Congress. Puerto Ricans must also serve in the United States military anytime conscription is ordered, with the same duties as a US citizen residing in the 50 states.
Same-sex marriage has been legal in Puerto Rico since July 13, 2015, as a result of the U.S. Supreme Court's decision in Obergefell v. Hodges. On June 26, 2015, the court ruled that bans on same-sex marriage are unconstitutional under the Due Process and Equal Protection clauses of the United States Constitution. Same-sex couples could begin applying for marriage licenses on July 13, and the first marriages occurred on July 17, 2015.
Financial Oversight and Management Bd. for Puerto Rico v. Aurelius Investment, LLC, 590 U.S. ___ (2020), was a United States Supreme Court case in which the Court held that appointments to the Financial Oversight and Management Board for Puerto Rico are not subject to the restrictions in the Appointments Clause of the U.S. Constitution. The Court held that all officers of the United States are subject to the Appointments Clause even if their duties relate to Puerto Rico. However, the power they exercise must be primarily federal in nature for the Clause to apply. If the officer exercises powers primarily of a local nature, even if created by federal law, then the officer is not "of the United States" and is exempt from compliance with the Clause. As members of the Board are primarily concerned with the governance of Puerto Rico, even though their decisions have potentially nationwide consequences, their powers are primarily local in nature and need not be appointed in compliance with the Clause.
