I don't know how many of you are aware of the legal questions surrounding Puerto Rico, but let me give you a brief outline.

In November, 1953 Puerto Rico was removed from the UN list of non-self-governing territories by a vote of 20 yes-16 no-18 adstain.

Despite the US Congress passing legislation designating that they do not have the exclusive right to govern Puerto Rico, the US Supreme Court and two Presidential Task Force Reports have held that congress may pass legislation concerning Puerto Rico on any issue without the consent of Puerto Rico's legislature.

The problem exists that the US Consitution provides only the following ways to dispose of a territory:

1. Independence (example - the Philippines)

2. Statehood (example - 36 of 37 states following independence from Britain).

Any solution to the problem short of deciding between statehood and independence would require an amendment to the US Constitution. I propose two possible amendments



My Proposed Solution #1:
Preamble: Whereas it is the inherent right of all peoples to self-determination, but also the inherent right of nations to security, the following provisions for the transference of sovereignty in whole or in part to a territory already under the sovereignty of the United States are enacted.

Section 1: The Congress of the United States shall by simple majority vote of both houses of congress (and through reconciliation of the bills if necessary) propose the terms of sovereignty transference. The proposal shall be submitted to the states for approval or disapproval.

Section 2: The legislatures of the several states shall vote on approving the sovereignty transference. Upon the consent of 2/3rds of the states, the issue shall be submitted to the territory or territories in question.

Section 3: At this point the territory or territories in question shall be marginally independent of the United States. Marginal independence shall grant them the authority to seek outside advice and aid concerning a vote to approve or disapprove the terms of sovereignty transference.

Section 4: Whatever manner decided upon shall be uncorrupt and democratic; the president and/or his/her designated officer shall have the authority to challenge the sovereignty vote of the territory or territories in question. Jurisdiction for such a challenge shall reside solely with the United States Supreme Court. The Supreme Court shall have the authority to consider any precedent that remains democratic and undiscriminatory in their decision, including judgements of foreign courts in similar cases or judgements of international organizations on the case before the Supreme Court.

Section 5: Corrupted votes are invalid and shall be deemed not to have occurred at all. Both the territory or territories in question and the President of the United States or his/her designee shall have the authority to challenge a vote on the grounds of corruption and to seek restitution for money spent on the vote. The US supreme court shall have sole jurisdiction over such challenges. The burden of proof for declaring a vote invalid shall be civil. The burden of proof for restitution in corrupted votes shall be criminal.



My Proposed Solution #2:
Preamble: Whereas it is the inherent right of all peoples to self-determination, but also the inherent right of nations to security, the following provisions for the transference of sovereignty in whole or in part to a territory already under the sovereignty of the United States are enacted.

Section 1: The Congress of the United States shall by 2/3rds majority vote of both houses of congress (and through reconciliation of the bills if necessary) propose the terms of sovereignty transference. The proposal shall be submitted to the President of the United States to sign or veto. If vetoed, proceed to Section 2. If signed, proceed to Section 3.

Section 2: A presidential veto of a sovereignty transference proposal may be overturned by 3/4ths of the states' governors. Governors shall have three weeks to declare in support of the sovereignty transference proposal. If 3/4ths of governors have not so declared within three weeks then the veto shall stand unchallengeable. If the veto is overturned, proceed to Section 3.

Section 3: At this point the territory or territories in question shall be marginally independent of the United States. Marginal independence shall grant them the authority to seek outside advice and aid concerning a vote to approve or disapprove the terms of sovereignty transference.

Section 4: Whatever manner decided upon shall be uncorrupt and democratic; the President of the United States and/or his/her designee shall have the authority to challenge the sovereignty vote of the territory or territories in question. Jurisdiction for such a challenge shall reside solely with the United States Supreme Court. The Supreme Court shall have the authority to consider any precedent that remains democratic and undiscriminatory in their decision, including judgements of foreign courts in similar cases or judgements of international organizations on the case before the Supreme Court.

Section 5: Corrupted votes are invalid and shall be deemed not to have occurred at all. Both the territory or territories in question and the President of the United States or his/her designee shall have the authority to challenge a vote on the grounds of corruption and to seek restitution for money spent on the vote. The US supreme court shall have sole jurisdiction over such challenges. The burden of proof for declaring a vote invalid shall be civil. The burden of proof for restitution in corrupted votes shall be criminal.

Is this the country that gives us the good baseball players?

Naw, domenican republic gives us better ones


And I don't think puerto Rico wants to become a state, Or independant, didn't they vote on it some years back or some fluff? I'm talking out of my ass here, so forgive me if I'm wrong. Also, puerto Rico isn't our only territory by far, it's just the most visible.

Well, then it's a good thing that my proposals could provide solutions for all our unincorporated territories. (FYI, the only incorporated territory the US has is uninhabited.)

There was a vote taken recently in Puerto Rico on whether or not they wanted to break away from the U.S. and become an independent country. Think that it was about 3-1/2% of the Puerto Ricans were in favour of it. They want to remain part of the U.S. altho most prefer to retain their status as a territory rather than becoming a state.

Why?
They automatically become US citizens at birth, free to come and go to the mainland as they desire. No problems with getting visas, etc.

They elect their own governor and representatives to a bicameral legislature.

They are not allowed to vote in U.S. presidential elections unless they move to the States and reside there officially.

They can send a representative to sit in the U.S. Congress but he/she cannot vote--only have a say if they feel like it.

They do not have to pay any federal income taxes unless they happen to work for the federal govt. in PR.

All working Puerto Ricans living on the island pay into Social Security and Medicare and so are eligible for the benefits altho they are smaller in amount than those received by Americans on the mainland.

Most are against becoming a state because most likely their official language would then become English and it would have to be used in their schools. Most Puerto Ricans want to have Spanish as their language (over 50% speak no English at all and another 25% speak it but very poorly) as they feel it is an important part of their culture which they are deeply attached to.

There is nothing stopping the US from divesting itself from Puerto Rico though regardless of what Puerto Ricans want. Not sure what the advantage to that is though.

The british did that with several of their colonies.

Forgot to mention that many Americans are against making them a state because how do you put 51 stars on the flag. Would mess it up a bit. :)

US should bit teh bullet and accept spanish as a 2nd national language.... ;-) ;-)

there is always room for one more:P

But of course there is. A dynamic nation is one that accepts new people, new ideas, etc. If a nation wants things to go back to the way they were before, it stagnates.

what does PR have to offer the US?

we dont need another state.

Pain, Puerto Rico may not offer us much as a state, but it's not about what Puerto Rico offers us. It's about doing right by the people of Puerto Rico. First the Spanish Conquered them and then we seized them from the Spanish. I think the better question if you want to ask about giving them statehood is what does it cost the US. I think the costs would be negligible at most. Therefore, it's all about doing what's best for the Puerto Rican people. The Puerto Rican people deserve to decide their future for themselves. This is what they are owed.

Concerns about adding a 51st star are best left to designers and not the public. FYI: http://images2.wikia.nocookie.net/...mages/c/cc/51starflag.png


For the Mods: I hope that my posting that link constitutes only referencing a 51 star flag and not a rules violation. Feel free to remove the link if it violates the rules.

http://www.youtube.com/watch?v=uEx5G-GOS1k

the US doesn't have a national language nubs

Yes we do - it's $

That's true but it's too bad the most of it is in the hands of 5% of the population--and those are the ones the tax cut would affect if passed--actually it was already passed about 10 years ago--this is just an extension of it. Unfortunately most voters seem to think that if passed, it would lower their taxes. WRONG!!!