Voting rights of citizens in Guam differ from those of United States citizens in each of the fifty states and in Washington, D.C. In the U.S. House of Representatives, Guam is entitled to a delegate, who is not allowed to vote on the floor of the House but can vote on procedural matters and in House committees. Citizens of Guam may not vote in general elections for president.
The United States Constitution grants congressional voting representation to the states and Washington, D.C., of which Guam is not one. Guam is a federal territory ultimately under the complete authority of Congress. The lack of voting representation in Congress for residents of Guam has been an issue since the foundation of the federal district.[ citation needed ]
The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) is a United States federal law dealing with elections and voting rights for United States citizens residing overseas. The act requires that all U.S. states, the District of Columbia, Puerto Rico, Guam, American Samoa, and the U.S. Virgin Islands allow certain U.S. citizens to register to vote and to vote by absentee ballot in federal elections. [1] The act is Public Law 99-410 and was signed into law by President Ronald Reagan on August 28, 1986. [2]
Guam is an unincorporated United States territory. The Immigration and Nationality Act of 1952 expanded the definition of the "United States" for nationality purposes to include Guam, therefore those born on Guam are "U.S. [citizens] at birth on the same terms as persons born in other parts of the United States." [3] If a U.S. citizen born on Guam were to move to a state or the District of Columbia, they would be able to participate in presidential, and other elections that most other U.S. citizens can participate in.
On August 1, 1950, President Truman signed into law the Guam Organic Act of 1950, which gave the Chamorro people certain rights and protections under the U.S. Constitution. The people of Guam were afforded the opportunity to set and administer policy and laws for the island of Guam. In the 1980s and early 1990s, there was a significant movement in favor of the territory becoming a commonwealth, which would give it a level of self-government similar to Puerto Rico and the Northern Mariana Islands. However, the federal government rejected the version of a commonwealth that the government of Guam proposed, due to it having clauses incompatible with the Territorial Clause (Art. IV, Sec. 3, cl. 2) of the U.S. Constitution. Other movements are also in existence that advocate becoming a U.S. state, union with the state of Hawaii, union with the Northern Mariana Islands as a single territory, or independence.
Guam is governed by a popularly elected governor and a unicameral 15-member legislature, whose members are known as senators. Guam elects one non-voting delegate, currently James Moylan, to the United States House of Representatives. U.S. citizens in Guam vote in a presidential straw poll for their choice in the U.S. Presidential general election, but since Guam has no votes in the Electoral College, the poll has no real effect. However, in sending delegates to the Republican and Democratic national conventions, Guam does have influence in the national presidential race, though these convention delegates are elected by local party conventions rather than voters in primaries. [4]
Activists, such as Siobhon McManus, have been outspoken about the fact that citizens of Guam do not have full voting rights in United States elections. [5]
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.
Politics of the United States Virgin Islands takes place in a framework of a presidential representative democratic dependency, whereby the governor is the head of the territory's government, and of a multi-party system. United States Virgin Islands are an unincorporated and organized territory of the United States, administered by the Office of Insular Affairs of the United States Department of the Interior. Executive power is exercised by the local government of the Virgin Islands. The judiciary is independent of the executive and the legislature.
The federal government of the United States is the common government of the United States, a federal republic located primarily in North America, comprising 50 states, five major self-governing territories, several island possessions, and the federal district of Washington, D.C., where the majority of the federal government is based.
The term "51st state" in American political discourse refers to the idea of adding a new state to the Union, either by granting statehood to one of the U.S. territories, splitting an existing state, admitting another country, or granting statehood to the Washington D.C. This would increase the number of states in the United States from 50 to 51. The last state to be admitted was Hawaii in 1959, preceded by Alaska, which became a state just months earlier in 1959, and Arizona in 1912.
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.
Territories of the United States are sub-national administrative divisions and dependent territories overseen by the federal government of the United States. The American territories differ from the U.S. states and Indian reservations in that 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 established by an organic act passed by the Congress. American territories are under American sovereignty and 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.
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.
Voting rights, specifically enfranchisement and disenfranchisement of different groups, have been a moral and political issue throughout United States history.
In the United States, each state has its own written constitution.
Elections in the United States are held for government officials at the federal, state, and local levels. At the federal level, the nation's head of state, the president, is elected indirectly by the people of each state, through an Electoral College. Today, these electors almost always vote with the popular vote of their state. All members of the federal legislature, the Congress, are directly elected by the people of each state. There are many elected offices at state level, each state having at least an elective governor and legislature. There are also elected offices at the local level, in counties, cities, towns, townships, boroughs, and villages; as well as for special districts and school districts which may transcend county and municipal boundaries.
Non-voting members of the United States House of Representatives are representatives of their territory in the House of Representatives, who do not have a right to vote on legislation in the full House but nevertheless have floor privileges and are able to participate in certain other House functions. Non-voting members may introduce legislation. Non-voting members may vote in a House committee of which they are a member.
The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), P.L. 99-410, 52 U.S.C. §§ 20301–20311, 39 U.S.C. § 3406, 18 U.S.C. §§ 608–609, is a United States federal law dealing with elections and voting rights for United States citizens residing overseas. The act requires that all U.S. states, the District of Columbia, Puerto Rico, Guam, American Samoa, and the U.S. Virgin Islands allow certain U.S. citizens to register to vote and to vote by absentee ballot in federal elections. The act is Public Law 99-410 and was signed into law by President Ronald Reagan on August 28, 1986.
Voting rights of United States citizens who live in Puerto Rico, like the voting rights of residents of other United States territories, differ from those of United States citizens in each of the fifty states and the District of Columbia. Residents of Puerto Rico and other U.S. territories do not have voting representation in the United States Congress, and are not entitled to electoral votes for president. The United States Constitution grants congressional voting representation to U.S. states, which Puerto Rico and other U.S. territories are not, specifying that members of Congress shall be elected by direct popular vote and that the president and the vice president shall be elected by electors chosen by the states.
In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it 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.
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.
Proposed political status for Puerto Rico includes various ideas for the future of Puerto Rico, and there are differing points of view on whether Puerto Rico's political status as a territory of the United States should change. Puerto Rico is a Caribbean island that was a colony of the Spanish Empire for about four centuries until it was ceded in the Treaty of Paris to the United States in 1898. Over the 20th century, more rights were granted to the people, and especially important dates were in 1917, when U.S. citizenship was granted, and the 1950s and 60s, when it became a commonwealth of the United States. Referendums in the 1960s and 1990s supported this as the will of the people there, and they have their own elected officials and a non-voting representative in Congress. The U.S. has had many territories since its establishment, and it is a common practice, and currently there are 50 states and 5 inhabited territories. In the 21st century, the status quo was disrupted by a referendum in 2012 that tilted towards change, with one of the most favored options being statehood. Though questions have been asked about the referendums in 12 years, four referendums have all had statehood as the most favored option. The power to change its status lies in the United States Congress; a simple majority in both houses and the presidential signing into law makes it possible. However, the changes are dramatic, with Puerto Rico becoming fully integrated into the United States; it would gain two senators and several representatives and would vote in the presidential election. Most U.S. Presidents going back to Ronald Reagan have stated they support Puerto Rico's right to determine its fate. If it continues its current status, some changes are possible but difficult; for example, for Washington D.C. to vote in presidential elections, it took a constitutional amendment because it's not a state. Independence would have severe changes also; Puerto Rico would be on its own and would no longer participate in U.S. politics; the people there would cease to be U.S. citizens. Free association is the same as independence, but usually every two decades or so an agreement is negotiated for things like visas, aid, defense, or currency agreements. There are three nations that maintain Free Association with the United States: Palau, Micronesia, and the Marshall Islands.
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.
Guam is an island in the Marianas archipelago of the Northern Pacific 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 1521 until the Spanish–American War of 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, people born in Guam are both citizens of the United States and citizens of Guam. Citizenship is the relationship between the government and the governed, 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, Guam's history as a territory has created both confusion over the status of its nationals and citizenship and controversy because of distinctions between jurisdictions of the United States.
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.