Trying to fit an oval shaped island into a square constitution: arguments for Puerto Rican statehood.

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Trying to fit an oval shaped island into a square constitution: arguments for Puerto Rican statehood.

INTRODUCTION

The presidential election between Albert Gore and George W. Bush in 2000 provided an interesting lesson on voting in America. The closeness of the race (1) highlighted the importance of the right to vote and gave some truth to the phrase "every vote counts." (2) In addition, a recount prompted by Gore in Florida yielded varying results, illustrating the surprising fact that every election has its share of uncounted votes. (3) While the nation's attention was focused on the historic spectacle in the Sunshine State, few were aware of the noteworthy events also unfolding in Puerto Rico. (4)

Many Americans are aware that Puerto Rico joined the United States in 1898 (5) and that the Puerto Rican people became citizens in 1917. (6) Most Americans outside of Puerto Rico are nevertheless unaware that the U.S. citizens who live on the island have never had the right to vote in presidential elections. (7) This puzzling circumstance was challenged in anticipation of the 2000 presidential election in Igartua de la Rosa v. United States II. (8) The Federal District Court of Puerto Rico held that the 3.8 million people residing on the island, (9) 2.4 million of whom are registered voters, (10) had a fundamental right to vote in presidential elections based on their American citizenship. (11) The First Circuit quickly reversed this bold ruling, holding that Article II of the Constitution grants the power to elect the president only to the states, and not to the people. (12)

This Comment highlights Puerto Rico's continuing political troubles under the U.S. Constitution and argues that the island must become the United States' fifty-first state. Part I explores the history of Puerto Rico's relationship with the United States. The Insular Cases are discussed to illustrate Puerto Rico's peculiar status under the Constitution. In addition, the legal insignificance of the island's evolution to commonwealth status will be discussed, leading to the conclusion that Puerto Rico must choose statehood to remedy its constitutional status problems.

Part II reviews Igartua de la Rosa H and other relevant cases. This Part highlights the basis for limiting the right to vote in presidential elections to citizens who reside in the fifty states. It argues that the First Circuit was correct in denying this right to the people of Puerto Rico in Igartua de la Rosa H. Part II further asserts that the First Circuit's ruling is a clear signal to the people of Puerto Rico that statehood is necessary to fully legitimize their political status in the United States. Part II then considers whether the people of Puerto Rico are entitled to vote in presidential elections by virtue of their citizenship and discusses whether the Constitution grants any citizens the right to vote. This Part concludes that, at best, the Supreme Court has only recognized a limited right to vote based on the Equal Protection Clause of the Constitution. (13) The argument for statehood is then revisited in light of these voting rights issues.

I. PUERTO RICO'S STATUS IN THE UNITED STATES

A discussion of Puerto Rico's status within the United States is necessary before discussing the constitutional rights of the citizens who live on the island. Specifically, the constitutional distinctions between Puerto Rico and the fifty states must be drawn out. This area of constitutional law has been largely ignored by academics, but fiercely criticized by those affected.

A. The Acquisition of Puerto Rico

Prior to the Spanish American War, Puerto Rico was a province of the Spanish Kingdom, governed under the Spanish Constitution of 1876. (14) As Spanish citizens, Puerto Ricans enjoyed representation in the Spanish Parliament (15) and autonomy on matters of local concern. (16) When the war ended, Puerto Rico was ceded to the United States under the Treaty of Paris of 1898. (17) The U.S. held the island under a military government until 1900. (18) During this period it was generally believed that Puerto Rico had been annexed into the Union and that Puerto Ricans were United States citizens. (19)

Before long, pressure from the domestic beet-sugar and tobacco industries, backed by other imperialist and racist influences, sparked political debate on Puerto Rico's status within the Union. (20) Some advocated the crea...

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