Puerto Rico, officially the Commonwealth of Puerto Rico, is a Caribbean island, Commonwealth, and unincorporated territory of the United States. It is located in the northeast Caribbean Sea, approximately 1,000 miles (1,600 km) southeast of Miami, Florida, between the Dominican Republic and the U.S. Virgin Islands, and includes the eponymous main island and several smaller islands, such as Mona, Culebra, and Vieques. With roughly 3.2 million residents, it is divided into 78 municipalities, of which the most populous is the capital municipality of San Juan. Spanish and English are the official languages of the executive branch of government, though Spanish predominates.
The politics of Puerto Rico take place in the framework of a democratic republic form of government that is under the jurisdiction and sovereignty of the United States Congress as an organized unincorporated territory. Since the 1898 invasion of Puerto Rico by the United States during the Spanish–American War, politics in Puerto Rico have been significantly shaped by its status as territory of the United States. The nature of Puerto Rico's political relationship with the United States is the subject of ongoing debate in Puerto Rico, in the United States, the United Nations and the international community, with all major political parties in the archipelago calling it a colonial relationship.
The Foraker Act, Pub. L.Tooltip Public Law 56–191, 31 Stat. 77, enacted April 12, 1900, officially known as the Organic Act of 1900, is a United States federal law that established civilian government on the island of Puerto Rico, which had recently become a colony of the United States as a result of the Spanish–American War. Section VII of the Foraker Act also established Puerto Rican citizenship. President William McKinley signed the act on April 12, 1900 and it became known as the Foraker Act after its sponsor, Ohio Senator Joseph B. Foraker. Its main author has been identified as Secretary of War Elihu Root.
In the law of the United States, an insular area is a U.S.-associated jurisdiction that is not part of the several states or the District of Columbia.
Territories of the United States are sub-national administrative divisions overseen by the federal government of the United States. The various American territories differ from the U.S. states and Indian reservations as they are not sovereign entities. In contrast, each state has a sovereignty separate from that of the federal government and each federally recognized Native American tribe possesses limited tribal sovereignty as a "dependent sovereign nation." Territories are classified by incorporation and whether they have an "organized" government through an organic act passed by the Congress. American territories are under American sovereignty and, consequently, may be treated as part of the United States proper in some ways and not others. Unincorporated territories in particular are not considered to be integral parts of the United States, and the Constitution of the United States applies only partially in those territories.
The Insular Cases are a series of opinions by the Supreme Court of the United States in 1901 about the status of U.S. territories acquired in the Spanish–American War. Some scholars also include cases regarding territorial status decided up until 1914, and others include related cases as late as 1979. The term "insular" signifies that the territories were islands administered by the War Department's Bureau of Insular Affairs. Today, the categorizations and implications put forth by the Insular Cases still govern the United States' territories.
Commonwealth is a term used by two unincorporated territories of the United States in their full official names, which are the Northern Mariana Islands, whose full name is Commonwealth of the Northern Mariana Islands, and Puerto Rico, which is named Commonwealth of Puerto Rico in English and Estado Libre Asociado de Puerto Rico in Spanish, translating to "Free Associated State of Puerto Rico." The term was also used by the Philippines during most of its period under U.S. sovereignty, when it was officially called the Commonwealth of the Philippines.
The governor of Puerto Rico is the head of government of the Commonwealth of Puerto Rico, and commander-in-chief of the Puerto Rico National Guard.
The Legislative Assembly of Puerto Rico is the territorial legislature of the Commonwealth of Puerto Rico, responsible for the legislative branch of the government of Puerto Rico. The Assembly is a bicameral legislature consisting of an upper house, the Senate normally composed of 27 senators, and the lower house, the House of Representatives normally consisting of 51 representatives. Eleven members of each house are elected at-large rather than from a specific legislative district with all members being elected for a four-year term without term limits.
The Supreme Court of Puerto Rico is the highest court of Puerto Rico, having judicial authority to interpret and decide questions of Puerto Rican law. The Court is analogous to one of the state supreme courts of the states of the United States and is the highest state court and the court of last resort in Puerto Rico. Article V of the Constitution of Puerto Rico vests the judicial power in the Supreme Court, which by nature forms the judicial branch of the government of Puerto Rico. The Supreme Court holds its sessions in San Juan.
The Jones–Shafroth Act – also known as the Jones Act of Puerto Rico, Jones Law of Puerto Rico, or as the Puerto Rican Federal Relations Act of 1917 – was an Act of the United States Congress, signed by President Woodrow Wilson on March 2, 1917. The act superseded the Foraker Act and granted U.S. citizenship to anyone born in Puerto Rico on or after April 11, 1899. It also created the Senate of Puerto Rico, established a bill of rights, and authorized the election of a Resident Commissioner to a four-year term. The act also exempted Puerto Rican bonds from federal, state, and local taxes regardless of where the bondholder resides.
The United States District Court for the District of Puerto Rico is the federal district court whose jurisdiction comprises the Commonwealth of Puerto Rico. The court is based in San Juan. The main building is the Clemente Ruiz Nazario United States Courthouse located in the Hato Rey district of San Juan. The magistrate judges are located in the adjacent Federico Degetau Federal Building, and several senior district judges hold court at the Jose V. Toledo Federal Building and U.S. Courthouse in Old San Juan. The old courthouse also houses the U.S. Bankruptcy Court. Most appeals from this court are heard by the United States Court of Appeals for the First Circuit, which is headquartered in Boston but hears appeals at the Old San Juan courthouse for two sessions each year. Patent claims as well as claims against the U.S. government under the Tucker Act are appealed to the Federal Circuit.
The Bureau of Insular Affairs was a division of the United States Department of War that oversaw civil aspects of the administration of several territories from 1898 until 1939.
The following outline is provided as an overview of and topical guide to Puerto Rico:
The history of Puerto Rico began with the settlement of the Ortoiroid people between 430 BC and AD 1000. At the time of Christopher Columbus's arrival in the New World in 1493, the dominant indigenous culture was that of the Taínos. The Taíno people's numbers went dangerously low during the later half of the 16th century because of new infectious diseases carried by Europeans, exploitation by Spanish settlers, and warfare.
Puerto Rico is an island in the Caribbean region in which inhabitants were Spanish nationals from 1508 until the Spanish–American War in 1898, from which point they derived their nationality from United States law. Nationality is the legal means by which inhabitants acquire formal membership in a nation without regard to its governance type. In addition to being United States nationals, persons are citizens of the United States and citizens of the Commonwealth of Puerto Rico within the context of United States Citizenship. Miriam J. Ramirez de Ferrer v. Juan Mari Brás. Citizenship, the rights and obligations that each owes the other, once one has become a member of a nation. Though the Constitution of the United States recognizes both national and state citizenship as a means of accessing rights, Puerto Rico's history as a territory has created both confusion over the status of its nationals and citizens and controversy because of distinctions between jurisdictions of the United States. These differences have created what political scientist Charles R. Venator-Santiago has called "separate and unequal" statuses.
The Puerto Rico statehood movement aims to make Puerto Rico a state of the United States. Puerto Rico is an unincorporated territorial possession of the United States acquired in 1898 following the Spanish–American War, making it "the oldest colony in the modern world". As of 2023, the population of Puerto Rico is 3.2 million, around half the average state population and higher than that of 19 U.S. states. Statehood is one of several competing options for the future political status of Puerto Rico, including: maintaining its current status, becoming fully independent, or becoming a freely associated state. Puerto Rico has held six referendums on the topic. These are non-binding, as the power to grant statehood lies with the US Congress. The most recent referendum was in November 2020, with a majority (52.52%) of those who voted opting for statehood.
The legal system of Puerto Rico is a mix of the civil law and the common law systems.
The political status of Puerto Rico is that of an unincorporated territory of the United States officially known as the Commonwealth of Puerto Rico. As such, the island of Puerto Rico is neither a sovereign nation nor a U.S. state.
The United States Military Government of Porto Rico, was a provisional military government in Puerto Rico that was established during the Spanish–American War in 1898.
