Status solution by consensus?

Caribbean Business Carlos Romero Barcelo In 1952, a local constitution was approved by a solid majority of those who voted. The constitution adopted the republican form of government already established under the Jones Act. The only significant change was to substitute the word “territory” for “commonwealth.” In Spanish, the word territorio was changed to Estado Libre Asociado, although everyone in the constitutional assembly knew Puerto Rico was neither a state or independent or associated. The name in Spanish was not submitted to the U.S. Congress for adoption. Gov. Muñoz Marín was advised by Puerto Rico’s legal advisor Abe Fortas that the name in English, Free Associated State, would never be approved by Congress because it was clearly misleading. The only other change that the constitution brought about was to limit appeals from the Puerto Rico Supreme Court, by eliminating the right to appeal to the U.S. Circuit Court of Appeals. After the adoption of the constitution, all appeals from a Puerto Rico Supreme Court decision could only be made to the U.S. Supreme Court. As you can see, Gov. Muñoz Marín and the Popular Democratic Party leaders, with the passive support of the president and the U.S. Congress, elaborated and perpetuated the biggest (hoax?) upon the people of Puerto Rico, our fellow U.S. citizens, the Latin American countries and the United Nations. By the use of such words as “commonwealth,” “autonomy” and “self-governing country,” Gov. Muñoz Marín and his fellow conspirators in the Popular Democratic Party pretended we had full self-government and lied to the national and world media. The world believed them, and many still believe we have full self-government. However, the truth is that as U.S. citizens we are disenfranchised and without representation in our nation’s Congress. We are bound by and subject to the laws passed by Congress. Laws dealing with taxation, minimum wage, unfair labor practices, commerce, healthcare, banking, transportation, communications, criminal acts and many others are enacted by the U.S. Congress without our consent, which are fully enforceable in Puerto Rico. Our federal constitution and all federal laws are the supreme law of the land. That includes Puerto Rico. A federal law can’t be declared unconstitutional by any local court, not even by our local Supreme Court. How then can anyone tell our people, our fellow citizens in the States, the U.S. Congress, the world, the United Nations and the media that we are a fully autonomous self-governing “Commonwealth”? The deception orchestrated by Muñoz Marín must be considered as one of the world’s greatest deceptions ever perpetuated by a leader on his own people and millions of others throughout the world. Was the “commonwealth” constitution adopted by consensus in 1952? No. The second-largest political party in 1952 was the Independence Party and it rejected the constitution as a sham, which didn’t give Puerto Rico any significant powers to control its relations with others nor its social and economic development. In 1967, Muñoz Marín proposed a plebiscite in which “commonwealth,” statehood or independence were offered as choices to solve the status dilemma. The definition of each of the three status choices was drafted by the Popular Democratic Party legislators, without regard to the objections of the opposition parties. Both the statehood and independence parties decided to boycott the plebiscite because it was imposed upon them by the majority. There was definitely no consensus. The “commonwealth” status option won by 60%, followed by the “statehood” status option, which garnered 39% of the vote in spite of the fact that the party that officially supported “statehood” didn’t vote and actually campaigned against the plebiscite. The next two plebiscites were conducted under New Progressive Party administrations and none of the three historical status options—statehood, “commonwealth” or independence—obtained majority. However, in both referendums, “commonwealth” failed to obtain a majority of 50% plus one. As a result of the failure of “commonwealth” to garner at least 50% of the vote, we are now being governed by the president and the Congress of our nation in a territorial or colonial relationship, which is rejected by a majority of the U.S. citizens in Puerto Rico. In other words, we are being governed without the consent of the governed, which is undoubtedly an undemocratic relationship. Is there any consensus that accepts our political and legal relationship with the nation? No. Obviously, the U.S., the symbol of democracy throughout the world, can’t continue to rule over four million of its citizens and maintain them as disenfranchised Americans without representation in their nation’s Congress. Such a relationship is, undoubtedly, undemocratic. From 1898 to 1952, we were a territory of the U.S. by conquest in the Spanish American War. In 1952, Muñoz Marín and his cohorts convinced the people of Puerto Rico to vote to become a territory by consent, thus giving a questionable validity to the exercise of sovereign powers over us by the president and Congress of our nation. A choice, which should fill us with shame, was hailed as a great step toward full self-government. The celebrations over the adoption of our local constitution served to mask the ignominy of voting to remain as a colony or territory by choice. Now, 57 years after the adoption of the “Commonwealth” constitution, a vast majority of the people of Puerto Rico recognize the lack of sovereignty and political equality and are dissatisfied and disappointed with our political, legal and economic relationship with the nation of our citizenship. Our New Progressive Party’s commitment to the people of Puerto Rico is to hold a referendum that will determine whether we wish to remain as a territory subject to the sovereignty of the U.S. Congress under the Territorial Clause. If the majority votes yes, we stay as we are. If they vote no, we should then vote on whether we would rather have the right to vote and be represented in the House and Senate as all 50 states are and share as equals all rights, benefits and obligations with our fellow citizens as a state, or become a sovereign independent nation. The House bill presented by our resident commissioner includes an option for free association, which is defined as “…Sovereignty in Association with the United States: Puerto Rico and the U.S. should form a political association between sovereign nations that won’t be subject to the Territorial Clause of the U.S. Constitution.” That definition fails to make clear to the people of Puerto Rico that U.S. citizenship isn’t compatible with a separate national sovereignty. If we wish to remain as U.S. citizens we can’t, as a sovereign nation, also enjoy U.S. citizenship. The U.S. Congress can’t, and won’t, give up its jurisdiction over U.S. citizens, much less allow U.S. citizens to decide which federal laws apply to them. Our party and Gov. Fortuño’s administration can’t become accomplices to the lies and deception that the “Commonwealth” status leadership has perpetuated and wants to continue perpetuating upon the people of Puerto Rico. In desperation, the “Commonwealthers” now clamor for “consensus,” which they know is impossible because they themselves will never consent to define “commonwealth” as it really is. They know any status without U.S. citizenship is unacceptable to almost all Puerto Ricans. They clamor for “consensus” because they know they will never consent to define their option without U.S. citizenship. Therefore, no referendum would ever be held for lack of consensus—which is exactly what they want.