How Puerto Ricans Come to America
PHOENIX
(By Wikipedia)
March 23, 2010
―
Puerto Rico is a is a self-governing
unincorporated territory of the United
States.
Puerto Rico has a republican form of
government, subject to U.S. jurisdiction
and sovereignty. Its current powers are
all delegated by the United States
Congress and lack full protection under
the United States Constitution.
Puerto Rico's head of state is the
President of the United States.
Puerto Rico according to the U.S.
Supreme Court's Insular Cases is "a
territory appurtenant and belonging to
the United States, but not a part of the
United States."
Puerto Rico is subject U.S. federal law,
even though Puerto Rico is not a state
of the American Union and has no voting
representative in the U.S. Congress.
Because of the establishment
of the Federal Relations Act of 1950, all federal laws that are "not
locally inapplicable" are automatically the law of the land in Puerto
Rico. In 1907, the U.S. Supreme Court, in Grafton v. United States,
Justice Harlan clarified the meaning of plenary powers: "'The government
of a state derives its powers from the people of the state, whereas the
government of a territory owes its existence wholly to the United
States'...The Court thus seems to equate plenary power to exclusive
power. The U.S. government could exert over the territory power that it
could not exercise over the state...This power, however, is not
absolute, for it is restrained by some then-undefined fundamental rights
possessed by anyone subject to the authority of the U.S. government."
Since 1917, people born in Puerto Rico are
U.S. citizens.
However, federal electoral law does not
grant a vote to any citizen who does not live in, or qualify as an
absentee resident in, one of the fifty states or the District of
Columbia.
Thus, people who have always lived in
Puerto Rico cannot vote in federal elections, but people born in Puerto
Rico and living in a state or in DC can vote.
is?