There is a long history of confusion over the use of the word “commonwealth” in the official name of Puerto Rico: The Commonwealth of Puerto Rico.
Just like the Commonwealth of Kentucky, Puerto Rico uses that friendly, pleasant word in its official title. The word is not used much in modern American English, but it used to be another word for a community, a group working together for the common welfare or good of the group. It was popular in the 1700s, when the United States was founded.
The trouble is that in Puerto Rico the word “commonwealth” is used as though it were a legal status, which it is not. The confusion and controversy this term creates has come up again with the introduction of the new Puerto Rico Democratic Self Determination Act, which is very similar in form to the Puerto Rico Status Act that was passed by the House in 2022. Yet the new bill has a major difference: it includes a “commonwealth” option in a new referendum vote in Puerto Rico to possibly end the island’s colonial status. The bill is not the Puerto Rico Status Act 2.0.
The difference in the Democratic Self Determination Act
The Puerto Rico Status Act was a compromise bill between supporters of the Puerto Rico Statehood Act of 2020 and the Puerto Rico Self-Determination Act, introduced in the same year, just before the 2020 status vote which resulted in a majority for statehood.
The Puerto Rico Status Act called for a vote in Puerto Rico to change Puerto Rico’s relationship with the U.S. Voters were given three options: statehood, independence, and independence with a hoped-for new treaty with the U.S. structured like the Compacts of Free Association the U.S. has with three Pacific Island nations in which its residents don’t have U.S. citizenship but can come and go from the U.S. without a visa. The U.S. also essentially controls and is responsible for the national security of these small island nations.
The Puerto Rico Statehood Act also called for a vote in Puerto Rico, but one in which the two choices would be statehood or any other option. If voters chose statehood in that vote, Congress would admit Puerto Rico as a state.
The Self-Determination Act, on the other hand, called for a constitutional convention where any and all possible ideas on Puerto Rico’s status were to be brainstormed and discussed. The summary of the bill says that “the bill provides for public financing of delegate elections and establishes a Congressional Bilateral Negotiating Commission to provide advice and consultation to delegates of such convention.” Once the delegates to the convention chose a status option, that option alone would be presented to the voters of Puerto Rico. Congress would then vote on whether or not to approve the status option. If they didn’t vote on it — as they have not for previous status votes — the delegates could try again. The process was expected to take years.
The Democratic Self Determination Act, unlike the other bills described here, calls for a plebiscite vote in Puerto Rico but includes the current territorial status as an option under the label “commonwealth.”
Including the status quo
Supporters of the current territory status, as well as a fanciful “enhanced commonwealth” option, have consistently insisted that “commonwealth” should be one of the choices in Puerto Rico status votes. Senator Roger Wicker (R-MS) introduced a bill named “Puerto Rico Status Act” in the Senate shortly after Senator Martin Heinrich (D-NM) introduced the companion bill to the Puerto Rico Status Bill that was passed by the House of Representatives in 2022. The nomenclature was confusing, but Sen. Wicker explained that he wanted the people of Puerto Rico to have the option of choosing the current status.
The problem is that the descriptions of “commonwealth” in the bills that offer it are not the same as the current status of the territory. This was certainly true in Wicker’s bill, and it is true for Hernandez’s bill as well.
The description says that people born in Puerto Rico are U.S. citizens, which is true, and that they “enjoy the protections of the United States Constitution.” The Insular Cases, a set of Supreme Court decisions from the turn of the 20th century, state clearly that the Constitution does not fully apply in Puerto Rico, regardless of the birthplace of the residents. A recent brief submitted to the Supreme Court and signed by most Democrat Members of Congress refer to the fact that U.S. citizenship is provided in Puerto Rico by a law passed by Congress.
Further, the new bill asserts that “Puerto Rico exercises autonomy over fiscal and economic policy” – a statement clearly at odds with the continued presence of a U.S. Financial Oversight and Management Board (FOMB) in Puerto Rico.
This section also states that Puerto Ricans are eligible for federal benefits, failing to mention that those benefits are limited compared to the benefits received in states. Not all federal benefits apply in Puerto Rico.
The bill also specifies that Puerto Ricans can participate in the Olympics separately from the United States, a decision which is not up to Congress. The International Olympics Committee actually makes the decision, and it is not subject to U.S. law.
Finally, and perhaps most importantly for “commonwealth” supporters, the bill says, “The United States-Puerto Rico Commonwealth Development Commission shall be created to examine, propose, and negotiate reforms to the current Commonwealth relationship. Those reforms may include measures that strengthen self-government; preserve, protect and promote Puerto Rico’s distinct cultural identity; identify ways of participation in Federal decision-making affecting Puerto Rico; and strengthen participation in Federal programs. Any change proposed by the United States-Puerto Rico Commonwealth Development Commission must be approved by the people of Puerto Rico and Congress.” In other words, such powers do not exist now. After all, Puerto Rico is a U.S. territory.
Voters choosing the “commonwealth” option are instructed that their option “may include measures that strengthen self-government.” Such measures would require Congressional approval, or at least acquiescence, first, a fact that voters may want to know before they cast ballots.
Ultimately, the new “commonwealth” option would keep Puerto Rico in the current territory status with hope, so far unfulfilled, that the changes the “commonwealth” party has been asking for since 1952 would finally happen.
Democratic responses
Reps. Nydia Velazquez (D-NY) and Alexandria Ocasio-Cortez (D-NY) published a joint statement in opposition to the Hernandez bill:
“During the last three Congresses, we have led serious legislative efforts to forge a path towards real self-determination for Puerto Ricans, underscoring that non-territorial, non-colonial options are the only options viable for true decolonization. Throughout the process of crafting legislation, we engaged in a series of meetings, hearings, and dialogues with Puerto Rican experts, academics, and stakeholders, the Diaspora, and Congress.
“Yesterday, the Resident Commissioner of Puerto Rico co-opted our legislation and introduced a bill that includes an option to maintain the current status of the island as a colony. Over the last three congresses, more and more members have come to acknowledge that the current colonial condition of Puerto Rico is a moral stain on our nation’s history that must be addressed. Our country cannot claim to be a bastion of democracy as we continue to hold colonies in the Caribbean and the Pacific.
“The Resident Commissioner’s bill denies the colonial character of the Commonwealth, erases historical realities, subverts Democratic consensus, and ignores Supreme Court decisions like United States v. Vaello-Madero, which reaffirmed that Puerto Rico remains subject to Congress’s plenary powers. We stand together in opposing this legislation and will continue to fight for a serious decolonization process for Puerto Ricans. This is too vital an issue to be sullied by individual political aspirations.”
According to the San Juan Daily Star, the bill was developed in response to the Governor of Puerto Rico’s announcement that she intended to work with Congress to present a status bill. “There is a saying that he who strikes first, strikes twice,” Hernandez said.
The Governor is Republican. Hernandez’s bill was introduced with three Democratic legislators in addition to Hernandez: Rep. Wesley Bell (D-MO), Rep. Derek Tran (D-CA), and Rep. Val Hoyle (D-OR). However, the official 2024 Democratic Party platform says, ““Democrats recognize that the people of Puerto Rico have earned and deserve to resolve the political status question. For this reason, Democrats support the enactment of the Puerto Rico Status Act (H.R.2757/S.3231) and promote the full civic and political representation for Puerto Ricans.” The official Democratic position is therefore in favor of the Puerto Rico Status Act, not the new Puerto Rico Democratic Self Determination Act.
Seven Democrats have now co-sponsored the bill, though one later withdrew support. It may be that the word “Democratic” in the bill gave the mistaken impression that this was the Puerto Rico Status Act 2.0 — but a Democratic version.
