Puerto Rico became a territory of the United States in 1898, when it was acquired from Spain following the U.S. victory in the Spanish American War. This territorial relationship, often called Puerto Rico’s “political status,” has not changed since 1898.
In 1952, Puerto Rico’s constitution was approved by Congress. The constitution was called “the Commonwealth of Puerto Rico” and the name stuck, but the law validating and approving the new “Commonwealth” constitution was clear that the political status of the Island remained unchanged. Puerto Rico stayed a territory.
As a territory, Puerto Rico belongs to the United States but is not a state. It has been called a U.S. possession. The U.S.-Puerto Rico relationship falls under the U.S. Constitution’s Territory Clause, which says “The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.”
Recent Events in Congress
The Constitution’s emphasis of ultimately “dispos[ing]” of territories raises the point that territorial status was initially supposed to be temporary. After all, residents of the territory cannot vote in presidential elections and have limited representation in Washington. This is an undemocratic arrangement, and it lies at the heart of a nation that prides itself in democracy.
The Territorial Clause of the Constitution also grants Congress “the authority and responsibility to determine Federal policy and clarify status issues in order to resolve the issue of Puerto Rico’s final status,” in words of the late Congressman Don Young (R-AK), a former chairman of the House Natural Resources Subcommittee on Indian, Insular and Alaska Native Affairs in the late 1990’s. Congress has attempted to exert the power of the Constitution’s Territorial Clause periodically over the years, like when it enacted the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) in 2016.
Most recently, in December of 2022, the U.S. House of Representatives passed the Puerto Rico Status Act (PRSA). This bill sought to offer Puerto Ricans the chance to vote for their preferred political status and committed Congress to act upon that choice. The bill passed the House in mid-December, but Congress adjourned soon thereafter and it did not become law.
The PRSA was reintroduced in 2023, when it gained more support but never progressed through the legislative process.
What Will Happen to U.S. Citizenship in a New Nation of Puerto Rico? The Word from Washington
An Uncertain Future
The majority of discussions of Puerto Rico’s status in Congress over the past few years have made it clear that many legislators recognize the problem of the United States holding a colony in the 21st century, but Congress often moves slowly. Given that Puerto Rico has been a U.S. territory since 1898, bringing full democracy to the people of Puerto Rico appears to be an especially long and complicated endeavor.
