Puerto Rico is in the news after a comedian made a racist joke about the island at a rally donald trump in New York. He did it in the final stretch of the campaign for the presidential elections on November 5, in which the inhabitants of this territory cannot participate, despite being part of the United States. Why?
On Sunday, during a rally at the Madison Square Garden from New York, Tony Hinchcliffe said that Puerto Rico is “an island of garbage floating in the middle of the ocean”, generating general indignation in the Puerto Rican nation and in the United States itself.
The campaign of republican candidate came out against the criticism and assured that what was stated by Hinchcliffe “does not reflect Trump’s views.” But until Wednesday, The magnate had not publicly apologized to Puerto Ricans.
The issue has also brought into discussion the status of Puerto Rico within USA and why the inhabitants of the island cannot elect the president.
The reason is because Puerto Ricowhich has 3.2 million inhabitants, It is a “territory” and not a “state” of the United States.
The United States Constitution gives the right to vote for president to citizens residing in the states.but it does not extend this right to the territories.
According to article IV, section 3, clause 2 of the United States Constitutionthe US Congress has plenary authority over the territories and defines “all necessary rules and regulations with respect to the territory or other property belonging to the United States,” according to the Congressional Research Service.
The House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources are the bodies that “exercise primary jurisdiction over the political status of US territories,” including Puerto Ricoadds the CRS.
CNN explains that how Puerto Rico It is administered by Congress as it is a US territory, it has no representation at the congressional level (except for a “resident commissioner” or “popularly elected delegate” who cannot vote), nor in the Electoral collegeso he cannot cast votes for president.
Article II, Section 1 of the United States Constitution says that only states can appoint electors. The exception is Washington, D.C., whose residents have been able to vote in presidential elections under the 23rd Amendment since 1964, according to the National Archives.
Other US territories that have the same status dand Puerto Rico They are Guam, the US Virgin Islands, the Northern Mariana Islands, American Samoa and the US Minor Outlying Islands.
According to the National Archives, residents of US territories can vote in primaries to select presidential candidates, elect governor and local legislature. They can also send delegates to represent their territories at the Democratic and Republican national conventions.
The residents of Puerto Rico they can symbolically vote for Donald Trump or Kamala Harris. But These votes will not be counted.
The votes of Puerto Ricans will only be counted if they vote in one of the 50 states of the United States..
According to the Pew Research Center, about 6 million Puerto Ricans eligible to vote live in the continental United States.
The history of the status of Puerto Rico
Puerto Rico It became a United States territory after the Spanish-American War in 1898.
After achieving victory, American troops took control of Puerto Rico. Then, the Treaty of Pariswith which the conflict concluded, ceded control of the island to the Americans.
Since then, Puerto Rico has been governed by both US federal laws and local government regulations..
In 1940, the Nationality Act granted U.S. citizenship to all Puerto Ricans..
In 1952, the constitution of the Commonwealth. The United States allowed Puerto Rico write their own Constitution and have limited self-government.
The new Commonwealth of Puerto Rico He could elect a governor and his own legislative and judicial powers.
However, border control, defense, foreign relations, and other major powers remained in the hands of Congress and the federal government in Washington, DC.
In Puerto Rico six referendums have been held on what its relationship with USA. None has been binding.
The seventh referendum will be held this November 5. It was proposed by the governor Pedro Pierluisi.
The plebiscite will include three non-colonial and non-territorial options. The first of them is ‘statehood’ (annexation to the United States), the second is independence and the third is sovereignty in free association.
In the previous referendum, held in 2020, the majority of citizens voted in favor of Puerto Rico become a new state of the United States, like the current 50.
However, The final decision on the status of Puerto Rico rests with the United States Congress.