Other short titles | Foraker Act |
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Long title | An Act Temporarily to provide revenues and a civic government for Puerto Rico, and for other purposes |
Enacted by | the 56th United States Congress |
Effective | April 12, 1900 |
Citations | |
Public law | Pub. L. 56–191 |
Statutes at Large | 31 Stat. 77 |
Legislative history | |
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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 (albeit limited popular) 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 and extended American nationality to Puerto Ricans. [1] President William McKinley signed the act on April 12, 1900 [2] 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. [3]
The new government had a governor and an 11-member executive council appointed by the President of the United States, a House of Representatives with 35 elected members, a judicial system with a Supreme Court and a United States District Court, and a non-voting Resident Commissioner in Congress. [4] [5]
The executive council was all appointed: five individuals were selected from Puerto Rico residents while the rest were from those in top cabinet positions, including attorney general and chief of police (also appointed by the president). The Insular Supreme Court was also appointed. In addition, all federal laws of the United States were to be in effect on the island. The first civil governor of the island under the Foraker Act was Charles H. Allen, inaugurated on May 1, 1900, in San Juan, Puerto Rico. This law was superseded in 1917 by the Jones–Shafroth Act.
2 Required that the same tariffs, customs, and duties be levied collected and paid upon all articles imported into Puerto Rico from ports other than those of the United States which are required by law to be collected upon importation into the United States from foreign countries.
3 Implemented a temporary tariff on goods transferred between Puerto Rico and the United States. This tariff was set to expire either upon the implementation of local taxation by the Legislature of Puerto Rico sufficient to "meet the necessities of the government" or on the first day of March 1902.
4 Provided that the tariff collected under section 2 would be placed into a fund and held in trust for the benefit of the people of Puerto Rico until the legislature was fully established. After the establishment of the new government, the funds would be transferred to the local treasury.
6 Established the capital of Puerto Rico as the city of San Juan and established that the seat of government would be maintained there.
7 Established that residents of Puerto Rico who were Spanish Citizens who decide to remain in Puerto Rico until the 11th day of April 1899 and their children would be considered citizens of Puerto Rico and be entitled to the protection of the United States. A provision was also made for residents who wanted to remain citizens of Spain.
11 Provided for the replacement of Spanish currency on the island with US Dollars. Also established that all debts previously payable in Puerto Rican currency would henceforth be payable with US Dollars.
13 Provided a mechanism to transfer all property held by the United States Government as ceded by Spain to the newly established government of Puerto Rico upon its establishment.
14 Established that the statutes of the United States would apply if applicable to the citizens of Puerto Rico with the exception of internal revenue laws.
15 Enabled the newly formed government to amend or repeal any law that was implemented in the course of the transition.
16 Established a judicial system similar to that of the United States and provided that all government officials take an oath to support both the constitution of the United States and the laws of Puerto Rico.
17 Established a chief executive with the title of governor who is appointed by the President of the United States with the advice and consent of the United States Senate for a term of four years.
18 Established an executive council for the Governor of Puerto Rico that is appointed by the President of the United States with the advice and consent of the United States Senate for a term of four years.
27 Established a bicameral legislative body with one house consisting of the executive council as established in 18 and the other consisting of 35 elected members serving a term of two years. The territory was to be split into seven districts.
28,29 Provided for the general election of members of the legislative body.
30 Established the requirements for office in the legislative body.
31 Defined the mechanisms by which bills become law. A bill can be proposed in either house but must be passed by a majority vote in both houses to become a law. A bill that is passed by both houses is presented to the Governor for his signature. Upon the signature of the governor, the bill becomes law. If the governor does not sign the bill or vetoes it, the legislature can override the veto with a 2/3rd majority vote. Requires that all bills passed by the legislative body be reported to the United States Congress and enables the United States Congress to annul them.
33 Provided for the transition of then existing court system unto the official court system. Provided for the nomination of the chief justice by the President of the United States with the advice and consent of the United States Senate.
34 Created the United States District of Puerto Rico and established a district judge to be appointed by the President of the United States with the advice and consent of the United States Senate for a term of four years.
38 Prevented export duties from being levied and collected. Provided that the legislative body may implement taxes for the general purposes of government, protecting the public credit, and reimbursing the United States government for funds expended out of the emergency fund of the War Department for relief of the industrial situation caused by the hurricane of August 8, 1899. Prevented the government of Puerto Rico and all of its municipalities from entering into debt in excess of seven percent of the aggregate tax value of its property.
39 Created the position of Resident Commissioner to the United States with a term of two years.
40 Created a three-member commission consisting of three citizens of Puerto Rico and appointed by the President of the United States with the advice and consent of the United States Senate. The commission was tasked to compile and revise the laws of Puerto Rico as well as the codes of procedure and systems of municipal government to provide for "a simple, harmonious, and economical government", establish justice and secure its prompt and efficient administration, inaugurate a general system of education and public instruction, provide buildings and funds therefore, equalize and simplify taxation and all the methods of raising revenue, and make all other provisions that may be necessary to secure and extend the benefits of a republican form of government to all the inhabitants of Puerto Rico. The final report of this committee was to be presented to the United States Congress within a year of the passing of the act.
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.
The government of the Commonwealth 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. The powers of the government of Puerto Rico are all delegated by the United States 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.
The federal government of the United States is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, five major self-governing territories, several island possessions, and the federal district of Washington, D.C., where most of the federal government is based.
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 posts of shadow United States senator and shadow United States representative are held by elected or appointed government officials from subnational polities of the United States that lack congressional vote. While these officials are not seated in either chamber of Congress, they seek recognition for their subnational polity, up to full statehood. This would enfranchise them with full voting rights on the floor of the U.S. House and Senate, alongside existing states. As of 2021, only the District of Columbia and Puerto Rico currently have authorized shadow delegations to Congress.
The governor of Puerto Rico is the head of government of the Commonwealth of Puerto Rico, and commander-in-chief of the Puerto Rico National Guard.
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.
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.
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 of 27 senators, and the lower house, the House of Representatives normally consisting of 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.
The Jones–Shafroth Act – also known as the Jones Act of Puerto Rico, Jones Law of Puerto Rico, or as the Puerto Rican Federal Relations Act of 1917 – was an Act of the United States Congress, signed by President Woodrow Wilson on March 2, 1917. The act superseded the Foraker Act and granted U.S. citizenship to anyone born in Puerto Rico on or after April 11, 1899. It also created the Senate of Puerto Rico, established a bill of rights, and authorized the election of a Resident Commissioner to a four-year term. The act also exempted Puerto Rican bonds from federal, state, and local taxes regardless of where the bondholder resides.
The Olmsted Amendment was a modification to the Foraker Act of 1900, and became law on July 16, 1909. The law was designed to modify several perceived weaknesses in Puerto Rico's government at the request of President William Howard Taft and Governor Regis Henri Post.
The history of Puerto Rico began with the settlement of the Ortoiroid people before 430 BC. At the time of Christopher Columbus's arrival in the New World in 1493, the dominant indigenous culture was that of the Taínos. The Taíno people's numbers went dangerously low during the latter half of the 16th century because of new infectious diseases carried by Europeans, exploitation by Spanish settlers, and warfare.
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 by 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.
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.
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.
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.
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—who by its nature forms the executive branch.
Puerto Rico is an unincorporated territory within the United States. As such, the island is neither a U.S. state or a sovereign nation. Due to the territory's ambiguous status, there are ongoing disputes regarding how Puerto Rico should be governed. Both major United States political parties,, have expressed their support for the U.S. citizens in Puerto Rico to exercise their right to self-determination, with the Republican Party platform explicitly mentioning support for right to statehood and the Democratic Party platform voicing broader support for right to self-determination. Puerto Rico has been under U.S. sovereignty for over a century and Puerto Ricans have been U.S. citizens since 1917, but the island's ultimate status still has not been determined and its 3.9 million residents do not have voting representation in their national government.
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.
The government of Governor of Puerto Rico Luis Muñoz Marín was that of the first elected governor. In addition to that, it was the first whose cabinet did not receive the advice and consent of the United States Senate, but from the Puerto Rico Senate. This all came as part of the 1947 Puerto Rico Elective Governor Act. During this government, the Puerto Rican people addressed via Puerto Rico Federal Relations Act of 1950's mechanism the creation of their own constitution, which was ratified and enacted in the latter months of the Muñoz Marín government, which reconfigured the system of government by creating the Puerto Rico Council of Secretaries and enlarged the Legislative Assembly's chambers. The Commonwealth of Puerto Rico was established, and the 1952 Commonwealth Constitution is, with some amendments, the current constitution of the archipelago.