The Constitution of the Commonwealth of Puerto Rico () is the primary organizing law for the unincorporated U.S. territory of

Puerto Rico ; abbreviated PR), officially the Commonwealth of Puerto Rico, is a Government of Puerto Rico, self-governing Caribbean Geography of Puerto Rico, archipelago and island organized as an Territories of the United States, unincorporated territo ...

, describing the duties, powers, structures and functions of the

government of Puerto Rico The government of the Commonwealth of Puerto Rico, organized under the Constitution of Puerto Rico since 1952, is a republican democracy modeled after the Federal Government of the United States. Under a system of separation of powers, the ...

in nine articles. It was ratified by the electorate of the archipelago and island in a referendum on March 3, 1952 and proclaimed into effect by

Governor A governor is an politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...

Luis Muñoz Marín José Luis Alberto Muñoz Marín (February 18, 1898April 30, 1980) was a Puerto Rican journalist, politician, statesman and was the first elected governor of Puerto Rico, regarded as the "Architect of the Puerto Rico Commonwealth." In 1948 he ...

on July 25, 1952, celebrated as

Constitution Day Constitution Day is a holiday to honour the constitution of a country. Constitution Day is often celebrated on the anniversary of the signing, promulgation or adoption of the constitution, or in some cases, to commemorate the change to constitut ...

. As the constitution of a

territory A territory is an area of land, sea, or space, belonging or connected to a particular country, person, or animal. In international politics, a territory is usually a geographic area which has not been granted the powers of self-government, ...

of the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

, it is

bound Bound or bounds may refer to: Mathematics * Bound variable * Upper and lower bounds, observed limits of mathematical functions Physics * Bound state, a particle that has a tendency to remain localized in one or more regions of space Geography * ...

by the

Constitution of the United States The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...

. Under the constitution, the unincorporated U.S. territory of Puerto Rico is neither a

sovereign country A sovereign state is a state that has the highest authority over a territory. It is commonly understood that a sovereign state is independent. When referring to a specific polity, the term "country" may also refer to a constituent country, or a ...

nor a state of the United States. Puerto Rico is subject to the

territorial sovereignty In the Holy Roman Empire, () or (translated as territorial superiority, territorial supremacy or territorial sovereignty) was the authority possessed by the immediate lords within their own territories. It was possessed by all imperial estates ...

and

federal government of the United States The Federal Government of the United States of America (U.S. federal government or U.S. government) is the Federation#Federal governments, national government of the United States. The U.S. federal government is composed of three distinct ...

, which is responsible for the

monetary policy Monetary policy is the policy adopted by the monetary authority of a nation to affect monetary and other financial conditions to accomplish broader objectives like high employment and price stability (normally interpreted as a low and stable rat ...

foreign relations Foreign policy, also known as external policy, is the set of strategies and actions a State (polity), state employs in its interactions with other states, unions, and international entities. It encompasses a wide range of objectives, includ ...

defense Defense or defence may refer to: Tactical, martial, and political acts or groups * Defense (military), forces primarily intended for warfare * Civil defense, the organizing of civilians to deal with emergencies or enemy attacks * Defense industr ...

, among

enumerated powers The enumerated powers (also called expressed powers, explicit powers or delegated powers) of the United States Congress are the powers granted to the federal government of the United States by the United States Constitution. Most of these powers ar ...

. The local government of Puerto Rico is responsible for

education Education is the transmission of knowledge and skills and the development of character traits. Formal education occurs within a structured institutional framework, such as public schools, following a curriculum. Non-formal education als ...

law enforcement Law enforcement is the activity of some members of the government or other social institutions who act in an organized manner to enforce the law by investigating, deterring, rehabilitating, or punishing people who violate the rules and norms gove ...

elections An election is a formal group decision-making process whereby a population chooses an individual or multiple individuals to hold public office. Elections have been the usual mechanism by which modern representative democracy has operated ...

, among other

reserved powers Reserved powers, residual powers, or residuary powers are the powers that are neither prohibited to be exercised by an organ of government, nor given by law to any other organ of government. Such powers, as well as a general power of competence, ...

. Both governments share

concurrent powers Concurrent powers are powers of a federal state that are shared by both the federal government and each constituent political unit, such as a state or province. These powers may be exercised simultaneously within the same territory, in relation ...

, including

taxation A tax is a mandatory financial charge or levy imposed on an individual or legal person, legal entity by a governmental organization to support government spending and public expenditures collectively or to Pigouvian tax, regulate and reduce nega ...

and

fiscal policy In economics and political science, fiscal policy is the use of government revenue collection ( taxes or tax cuts) and expenditure to influence a country's economy. The use of government revenue expenditures to influence macroeconomic variab ...

. The

political status of Puerto Rico The Commonwealth of Puerto Rico () is an unincorporated territory of the United States. As such, the archipelago and island of Puerto Rico is neither a sovereign nation nor a U.S. state. The U.S. Constitution does not apply directly or un ...

is an ongoing debate.

History

The

United States government The Federal Government of the United States of America (U.S. federal government or U.S. government) is the Federation#Federal governments, national government of the United States. The U.S. federal government is composed of three distinct ...

authorized Puerto Rico to draft its own constitution with the

Puerto Rico Federal Relations Act of 1950 The Puerto Rico Federal Relations Act of 1950 () was an Act of Congress of the 81st United States Congress. The United States Senate passed it unanimously.popular referendum on March 3, 1952. The

United States Congress The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, ...

and the President approved it, but required that the Article II (Bill of Rights), Section 20 (guaranteeing the right to education and various economic rights) be stricken and that language be added to Section 5 of Article II allowing non-governmental schools. On July 10, 1952, the Constitutional Convention of Puerto Rico reconvened and approved a resolution accepting those conditions, which were later ratified in a referendum held in November 1952, by the electorate. On July 25, 1952, Governor

proclaimed that the constitution was in effect. In a speech on July 25, 2013, Governor

Alejandro García Padilla Alejandro Javier García Padilla (; born August 3, 1971) is a Puerto Rican politician and attorney who served as the governor of Puerto Rico from 2013 to 2017. Prior to this position, García Padilla held various roles in the political lan ...

, despite the conditions established by Congress, proclaimed that, henceforth, Sec. 20 would be deemed by his administration to be in effect. In 1960, 1961, 1964 and 1970 voters approved amendments to the constitution in various referendums. A continuing debate has dealt with the legal status of Puerto Rico under the Federal Government of the United States. Certain decisions by the

Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...

appeared to have interpreted the

Territorial Clause Article Four of the United States Constitution outlines the relationship between the various states, as well as the relationship between each state and the United States federal government. It also empowers Congress to admit new states and admini ...

of the United States Constitution as still controlling over Puerto Rico. Under this clause, the United States Congress is the recognized sovereign of the island. In 1976, the

U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...

clarified that the purpose of Congress in the 1950 and 1952 legislation was to accord to Puerto Rico the degree of autonomy and independence normally associated with a State of the Union. However, on June 9, 2016, as an outcome of the case known as ''

Puerto Rico v. Sanchez Valle ''Puerto Rico v. Sanchez Valle'', 579 U.S. 59 (2016), is a criminal case that came before the Supreme Court of the United States, which considered whether Puerto Rico and the federal government of the United States are separate sovereigns for pur ...

'', the

incited a debate regarding the nature of the relationship established by the 1950 and 1952 legislation, allegedly breaching the compact between the United States and the People of Puerto Rico. The debate was fueled when the Supreme Court decided that the

Double Jeopardy In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare cases ...

Clause bars Puerto Rico and the United States from successively prosecuting a single person for the same conduct under equivalent criminal laws. The Supreme Court ruling stated that, at least in the cases related to criminal offenses, sovereignty of Puerto Rico ultimately resides in the

. The argument made by the U.S. Supreme Court was interpreted by many as an affirmation of a severely diminished capacity of the constitutional stature that the Puerto Rican government had. This was the same idea of stature that the Puerto Rican government has had for nearly seven decades. Justice

Elena Kagan Elena Kagan ( ; born April 28, 1960) is an American lawyer who serves as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States. She was Elena Kagan Supreme Court nomination ...

stated that the ruling in the case of 'Puerto Rico v. Sanchez Valle' was confined solely to the corresponding issue of double jeopardy within a criminal case, not to the whole of Puerto Rico's political status. Still, the outcome fueled a debate regarding the current nature of the political relationship established between Puerto Rico and United States of America.

Proposed amendments

In 1994 and 2012 constitutional amendments were proposed but these were unsuccessful. In 2021 the PPD majority led by

Tatito Hernández Rafael "Tatito" Hernández Montañez (born April 14, 1972) is a Puerto Rican politician affiliated with the Popular Democratic Party (PPD). He is also a Democrat. He has been a member of the Puerto Rico House of Representatives since 2009, rep ...

began a discussion over amending the constitution. The speaker of the

House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entities. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often ...

proposed increasing the governor's salary, replacing at large representatives by district elections and reducing the number of representatives from 51 to 45. Governor

Pedro Pierluisi Pedro Rafael Pierluisi Urrutia (born April 26, 1959) is an American politician and lawyer who served as the Governor of Puerto Rico from 2021 to 2025, having previously been the de facto governor from August 2–7, 2019. A member of New P ...

has favored

term limits A term limit is a legal restriction on the number of Term of office, terms a Incumbent, person may serve in a particular elected office. When term limits are found in Presidential system, presidential and Semi-presidential republic, semi-president ...

for legislators but has expressed opposition to proposals for the creation of a

recall referendum A recall election (also called a recall referendum, recall petition or representative recall) is a procedure by which voters can remove an elected official from office through a referendum before that official's term of office has ended. Recalls ...

Founding fathers

Twelve weeks after the people of Puerto Rico approved to write their own constitution in a referendum, 92 individuals were elected as delegates to a constitutional assembly on August 27, 1951. Of these, 70 belonged to the Popular Democratic Party (PPD), 15 belonged to the Republican Statehood Party, while 7 belonged to the

Puerto Rican Socialist Party The Puerto Rican Socialist Party (, PSPR) was a Marxist and pro-independence political party in Puerto Rico seeking the end of United States of America control on the Hispanic and Caribbean island of Puerto Rico. It proposed a "democratic worke ...

. Members from the

Puerto Rican Independence Party The Puerto Rican Independence Party (, PIP) is a social-democratic political party in Puerto Rico that campaigns for the independence of Puerto Rico from the United States. Those who follow the PIP ideology are usually called ''independentist ...

(PIP) abstained from participating. The following is a list of the delegates: The delegates, which would eventually become the

founding fathers The Founding Fathers of the United States, often simply referred to as the Founding Fathers or the Founders, were a group of late-18th-century American revolutionary leaders who united the Thirteen Colonies, oversaw the War of Independence ...

of the current commonwealth of Puerto Rico, established 10 permanent

committees A committee or commission is a body of one or more persons subordinate to a deliberative assembly or other form of organization. A committee may not itself be considered to be a form of assembly or a decision-making body. Usually, an assembly o ...

: 7 which dealt with constitutional matters and 3 which dealt with the assembly's internal operations. The constitutional committees were as follows: The assembly held 62 sessions between September 17, 1951, and February 6, 1952, approving the constitution within the assembly two days before concluding their affairs on February 4, 1952. The constitution was then overwhelmingly approved a month later by the people of Puerto Rico in a referendum held on March 3, 1952.

Preamble

The Preamble reads: :''We, the people of Puerto Rico, in order to organize ourselves politically on a fully democratic basis, to promote the general welfare, and to secure for ourselves and our posterity the complete enjoyment of human rights, placing our trust in Almighty God, do ordain and establish this Constitution for the commonwealth which, in the exercise of our natural rights, we now create within our union with the

United States of America The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 states and a federal capital district, Washington, D.C. The 48 contiguo ...

.'' :''In so doing, we declare:'' :''The democratic system is fundamental to the life of the Puerto Rican community;'' :''We understand that the democratic system of government is one in which the will of the people is the source of public power, the political order is subordinate to the rights of man, and the free participation of the citizen in collective decisions is assured;'' :''We consider as determining factors in our life our citizenship of the United States of America and our aspiration continually to enrich our democratic heritage in the individual and collective enjoyment of its rights and privileges; our loyalty to the principles of the Federal Constitution; the co-existence in Puerto Rico of the two great cultures of the American Hemisphere; our fervor for education; our faith in justice; our devotion to the courageous, industrious, and peaceful way of life; our fidelity to individual human values above and beyond social position, racial differences, and economic interests; and our hope for a better world based on these principles.'' The Preamble of the Constitution of Puerto Rico is more extensive than the

Preamble to the United States Constitution The Preamble to the United States Constitution, beginning with the words We the People, is a brief introductory statement of the Constitution's fundamental purposes and guiding principles. Courts have referred to it as reliable evidence of ...

. However, it has the similarity that the preamble neither grants any powers nor inhibits any actions; it only explains the rationale behind the Constitution. Yet, it specifically details the determining factors that the Puerto Rican people have chosen as the basis for their new government. It also establishes the Constitution's loyalty to the ''principles'' of the Federal Constitution.

Articles of the Constitution

The remainder of the document consists of nine articles:

Article One: The Commonwealth

Article One establishes the new government for the unincorporated territory, which shall bear the name of ''Commonwealth of Puerto Rico''. It declares that the source of the power of the government emanates from the people. The following three sections of the Article establish the Republican form of government of the unincorporated territory, divided into three branches (legislative, executive and judicial) and specifies the territorial jurisdiction of the document as well as the seat of the new government, which shall be the city of

San Juan San Juan, Spanish for Saint John (disambiguation), Saint John, most commonly refers to: * San Juan, Puerto Rico * San Juan, Argentina * San Juan, Metro Manila, a highly urbanized city in the Philippines San Juan may also refer to: Places Arge ...

Article Two: Bill of Rights

Article Two of the Constitution of Puerto Rico—titled as the Bill of Rights ()— lists the most important rights held by the citizens of

. The Bill of Rights was mandated by which provided for the people of Puerto Rico to adopt a constitution of their own which had to include a

bill of rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...

. The bill enumerates several freedoms, namely

freedom of assembly Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of individuals to peaceably assemble and collectively express, promote, pursue, and defend their ideas. The right to free ...

freedom of the press Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic Media (communication), media, especially publication, published materials, shoul ...

freedom of religion Freedom of religion or religious liberty, also known as freedom of religion or belief (FoRB), is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice ...

freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...

, freedom from unreasonable search and seizure, security in personal effects, and freedom from warrants issued without probable cause. It also establishes two fundamental declarations, that "the dignity of the human being is inviolable" and that all men are equal before the law. It also prohibits several discriminations, namely discrimination made on account of race, color,

sex Sex is the biological trait that determines whether a sexually reproducing organism produces male or female gametes. During sexual reproduction, a male and a female gamete fuse to form a zygote, which develops into an offspring that inheri ...

birth Birth is the act or process of bearing or bringing forth offspring, also referred to in technical contexts as parturition. In mammals, the process is initiated by hormones which cause the muscular walls of the uterus to contract, expelling the f ...

, social origin or condition, or

political Politics () is the set of activities that are associated with decision-making, making decisions in social group, groups, or other forms of power (social and political), power relations among individuals, such as the distribution of Social sta ...

or religious ideas. The bill even took a step further by declaring such principles as essential to

human equality Social equality is a state of affairs in which all individuals within society have equal rights, liberties, and status, possibly including civil rights, freedom of expression, autonomy, and equal access to certain public goods and social servi ...

. The Bill of Rights also establishes explicitly that there shall be complete

separation of church and state The separation of church and state is a philosophical and Jurisprudence, jurisprudential concept for defining political distance in the relationship between religious organizations and the State (polity), state. Conceptually, the term refers to ...

, and that Puerto Rico must have a system of

free Free may refer to: Concept * Freedom, the ability to act or change without constraint or restriction * Emancipate, attaining civil and political rights or equality * Free (''gratis''), free of charge * Gratis versus libre, the difference betw ...

and

secular Secularity, also the secular or secularness (from Latin , or or ), is the state of being unrelated or neutral in regards to religion. The origins of secularity can be traced to the Bible itself. The concept was fleshed out through Christian hi ...

public education A state school, public school, or government school is a primary school, primary or secondary school that educates all students without charge. They are funded in whole or in part by taxation and operated by the government of the state. State-f ...

. It also establishes the

right to vote Suffrage, political franchise, or simply franchise is the right to vote in representative democracy, public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in ...

, the

right to life The right to life is the belief that a human (or other animal) has the right to live and, in particular, should not be killed by another entity. The concept of a right to life arises in debates on issues including: capital punishment, with some ...

, and the

right to liberty Liberty is the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views. The concept of liberty can vary depending on perspective and context. In the Constitutional ...

. There are a number of variations that make the Puerto Rico Bill of Rights distinct from that of the Federal Bill of Rights. For instance in Puerto Rico they do not have the right to

trial by jury A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial, in which a judge or panel of judges makes all decisions. Jury trials are increasingly used ...

but they do have direct protections against

wiretapping Wiretapping, also known as wire tapping or telephone tapping, is the monitoring of telephone and Internet-based conversations by a third party, often by covert means. The wire tap received its name because, historically, the monitoring connecti ...

. In order to comply with the requirements of Public Law 600, the framers of the Constitution of Puerto Rico decided to draft an extensive list of rights which were then organized into a whole Article of the constitutional document. It is divided into nineteen sections, each one listing one or several rights which are deemed fundamental under Puerto Rican

constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in ...

. Section One begins by establishing that 'the dignity of the human being is inviolable' and that 'all men are equal before the law.'. These two sentences have traditionally been interpreted by scholars as granting an unlimited number of rights, since anything that violates the dignity of a human being will be deemed unconstitutional. However, the remainder of the section concretely establishes the kinds of discriminations that are outlawed. :''No discrimination shall be made on account of race, color, sex, birth, social origin or condition, or political or religious ideas. Both the laws and the system of public education shall embody these principles of essential human equality.'' Section Two establishes the

in Puerto Rico; :''Section 2. The laws shall guarantee the expression of the will of the people by means of equal, direct and secret universal suffrage and shall protect the citizen against any coercion in the exercise of the electoral franchise.'' Section Three is the religious clause of the Constitution of Puerto Rico. It prohibits the establishment of religion and protects the

free exercise of religion Freedom of religion or religious liberty, also known as freedom of religion or belief (FoRB), is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice ...

. It reads; :''No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof. There shall be complete separation of church and state.'' The last sentence specifically and concretely establishes the

, a clause that is not found in the United States' Constitution but, rather, it is assumed and interpreted to exist. Section three leaves no doubt about the existence of such separation in Puerto Rico. Section Four is very similar to the

First Amendment to the United States Constitution The First Amendment (Amendment I) to the United States Constitution prevents Federal government of the United States, Congress from making laws respecting an Establishment Clause, establishment of religion; prohibiting the Free Exercise Cla ...

. It establishes the

and the

right to petition The right to petition government for redress of grievances is the human rights, right to make a complaint to, or seek the assistance of, one's government, without fear of punishment or reprisals. In Europe, Article 44 of the Charter of Fundamen ...

. It reads; :''No law shall be made abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.'' Section Five establishes the right to an education. It also mandates the establishment of a non-sectarian and free educational system for the commonwealth. The section also establishes that education will be compulsory for elementary school, ''to the extent permitted by the facilities of the state.'' The section further establishes that ''no public property or public funds shall be used for the support of schools or educational institutions other than those of the state.'' Section Six declares the right of the people to organize themselves in associations, except if the associations are military or quasi-military in nature. Section Seven contain several important fundamental rights. It reads; :'' The right to life, liberty and the enjoyment of property is recognized as a fundamental right of man. The death penalty shall not exist. No person shall be deprived of his liberty or property without due process of law. No person in Puerto Rico shall be denied the equal protection of the laws. No laws impairing the obligation of contracts shall be enacted. A minimum amount of property and possessions shall be exempt from attachment as provided by law.'' First, Section Seven establishes that the right to life is fundamental in Puerto Rico. Because of this, the section determines that the

death penalty Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...

will not exist under the jurisdiction of the commonwealth. Second, the section contains the

due process of law Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual pers ...

as well as the

equal protection The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State... deny to any person within its jurisdiction the equal pr ...

clauses. Third, it includes a contract clause for the jurisdiction of the commonwealth. Finally, the sections guarantees that a minimum amount of the property owned by individuals will be exempt from government possession. Section Eight declares that every person has the right to be protected by law against attacks on their honor, reputation and private or family life. This section has been interpreted as creating a general

right to privacy The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 185 national constitutions mention the right to privacy. Since the globa ...

in Puerto Rico. Section Nine creates more liberties for the press. It establishes that: :''No law shall be enacted authorizing condemnation of printing presses, machinery or material devoted to publications of any kind. The buildings in which these objects are located may be condemned only after a judicial finding of public convenience and necessity pursuant to procedure that shall be provided by law, and may be taken before such a judicial finding only when there is placed at the disposition of the publication an adequate site in which it can be installed and continue to operate for a reasonable time.'' Section Ten is similar to the

Fourth Amendment to the United States Constitution The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures and sets requirements for issuing warrants: warrants must be issued by a judge or magistra ...

. It establishes that persons shall be protected against "unreasonable searches and seizures". It explicitly prohibits the use of

wire-tapping Wiretapping, also known as wire tapping or telephone tapping, is the monitoring of telephone and Internet-based conversations by a third party, often by covert means. The wire tap received its name because, historically, the monitoring connecti ...

. Furthermore, it declares that no

search warrant A search warrant is a court order that a magistrate or judge issues to authorize Police, law enforcement officers to conduct a Search and seizure, search of a person, location, or vehicle for evidence of a crime and to Confiscation, confiscate an ...

shall be issued unless

probable cause In United States criminal law, probable cause is the legal standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal and for a court's issuing of a search warrant. One definition of the standar ...

is shown. Section Eleven is primarily devoted to the rights of the accused. :''In all criminal prosecutions, the accused shall enjoy the right to have a

speedy Speedy refers to something or someone moving at high speed. Speedy may refer to: People * Speedy (nickname), a list of people * Speedy Long (1928–2006), American lawyer and politician * Speedy Mashilo (born 1965), South African politician * ...

and

public trial Public trial or open trial is a trial (law), trial that is open to the public, as opposed to a secret trial. It should not be confused with a show trial. United States The Sixth Amendment to the United States Constitution establishes the right o ...

, to be informed of the nature and cause of the accusation and to have a copy thereof, to be confronted with the witnesses against him, to have assistance of counsel, and to be presumed innocent.'' It also establishes that in all trials of felony the accused shall enjoy of a jury of twelve peers who render a verdict by majority vote in which no less than nine shall concur. Also, the section creates the right against self-incrimination as well as the prohibition of

double jeopardy In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare cases ...

. Section Twelve outlaws slavery and involuntary servitude, unless duly convicted. It also prohibits ex post facto laws and

bills of attainder A bill of attainder (also known as an act of attainder, writ of attainder, or bill of pains and penalties) is an act of a legislature declaring a person, or a group of people, guilty of some crime, and providing for a punishment, often without a ...

. Section Thirteen guarantees the

writ of habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...

, which can only be suspended by the Legislative Assembly in time of "rebellion, insurrection or invasion." Section Fourteen prohibits the use of

titles of nobility Traditional rank amongst European imperiality, royalty, peers, and nobility is rooted in Late Antiquity and the Middle Ages. Although they vary over time and among geographic regions (for example, one region's prince might be equal to anothe ...

. It also prohibits public officials to receive gifts from foreign powers without the approval of the Legislative Assembly. Section Fifteen deals with

child labor Child labour is the exploitation of children through any form of work that interferes with their ability to attend regular school, or is mentally, physically, socially and morally harmful. Such exploitation is prohibited by legislation w ...

. It prohibits the employment of children of less than fourteen years on jobs that may be "prejudicial to their health or morals". It also guarantees that no children under the age of sixteen shall be kept in jail. Section Seventeen creates the fundamental right of employees, private and public, to organize themselves into associations and to negotiate with their employers. Section Eighteen also declares a fundamental right for employers to go on strike. However, the section ends by stating; "Nothing herein contained shall impair the authority of the Legislative Assembly to enact laws to deal with grave emergencies that clearly imperil the public health or safety or essential public services." Section Nineteen is similar to the

Ninth Amendment to the United States Constitution The Ninth Amendment (Amendment IX) to the United States Constitution addresses rights, retained by the people, that are not specifically enumerated in the Constitution. It is part of the Bill of Rights. The amendment was introduced during the dr ...

. It reads; :''The foregoing enumeration of rights shall not be construed restrictively nor does it contemplate the exclusion of other rights not specifically mentioned which belong to the people in a democracy. The power of the Legislative Assembly to enact laws for the protection of the life, health and general welfare of the people shall likewise not be construed restrictively.'' This section stresses out that the civil rights and liberties outlined in this Bill of Rights do not constitute an exclusive list thereof; others may exist. In other words, just because a civil right is not listed here, does not mean that the people do not have it. This is a safeguard against strict literal interpretations of the constitution with which the people will be denied all the rights not specifically listed here, such as a right to travel between districts at their own leisure (see propiska), or the right to travel abroad.

Article Three: Legislative power

The article establishes that the territorial legislature must be

bicameral Bicameralism is a type of legislature that is divided into two separate Deliberative assembly, assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate ...

, and composed by the

Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...

as the

upper house An upper house is one of two Legislative chamber, chambers of a bicameralism, bicameral legislature, the other chamber being the lower house. The house formally designated as the upper house is usually smaller and often has more restricted p ...

and the

as the

lower house A lower house is the lower chamber of a bicameral legislature, where the other chamber is the upper house. Although styled as "below" the upper house, in many legislatures worldwide, the lower house has come to wield more power or otherwise e ...

. It also established the composition of each house, and that Puerto Rico must be divided into

senatorial A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the eld ...

and representative districts for the purpose of

. The article also established a board that must revise the districts after each decennial census so that they remain practicable, and divided upon the basis of population and means of communication. It also established how the number of members of each house must increase when a

political party A political party is an organization that coordinates candidates to compete in a particular area's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific political ideology, ...

obtains more than two thirds of the seats in one or both houses. This was done in order to reduce the likelihood of one party having absolute control over

constitutional amendment A constitutional amendment (or constitutional alteration) is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly alt ...

s, as these require at least two thirds of the vote of each house in order to be enacted. Article Four was also very loose regarding the rules overseeing each house, establishing that each house must be the sole judge of the election, returns and qualifications of its members, that each house must choose its own officers, and that each house must adopt rules for its own proceedings appropriate to legislative bodies. This, in essence, gives broad powers to each house on how to structure itself and which procedures it must follow. It, however, established the posts of

President of the Senate President of the Senate is a title often given to the presiding officer of a senate. It corresponds to the Speaker (politics), speaker in some other assemblies. The senate president often ranks high in a jurisdiction's Order of succession, succes ...

and

Speaker of the House The speaker of a deliberative assembly, especially a legislative body, is its presiding officer, or the chair. The title was first used in 1377 in England. Usage The title was first recorded in 1377 to describe the role of Thomas de Hung ...

without any other specifics besides the title of the posts although interpretatively the article meant them to be the presiding officers of their respective house. The article also established that the sessions of each house must be open, what constitutes

quorum A quorum is the minimum number of members of a group necessary to constitute the group at a meeting. In a deliberative assembly (a body that uses parliamentary procedure, such as a legislature), a quorum is necessary to conduct the business of ...

, and where should they meet, namely in the

Capitol of Puerto Rico The Capitol of Puerto Rico (), also known as the ''Casa de las Leyes'' (House of Laws), and most commonly referred to as the ''El Capitolio'' (The Capitol), is the Seat of government, seat of the Legislative Assembly of Puerto Rico, Legislative ...

. It also granted

parliamentary immunity Parliamentary immunity, also known as legislative immunity, is a system in which politicians or other political leaders are granted full immunity from legal prosecution, both civil prosecution and criminal prosecution, in the course of the exe ...

to its members. Article Four also established the parliamentary procedure to enact bills, namely that they must be printed, read, referred to a

commission In-Commission or commissioning may refer to: Business and contracting * Commission (remuneration), a form of payment to an agent for services rendered ** Commission (art), the purchase or the creation of a piece of art most often on behalf of anot ...

and returned therefrom with a written report, approved by the majority of which each house is composed, and signed by the

governor A governor is an politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...

in order to become law. The article also established the exclusive powers of each house, as well as establishing the post of

Comptroller A comptroller (pronounced either the same as ''controller'' or as ) is a management-level position responsible for supervising the quality of accountancy, accounting and financial reporting of an organization. A financial comptroller is a senior- ...

Article Four: Executive Power

Article Four describes the powers, structure, functions, responsibilities, and legal scope of the

Governor of Puerto Rico The governor of Puerto Rico () is the head of government of the Commonwealth of Puerto Rico, an unincorporated territory of the United States. Elected to a 4 year-term through popular vote by the residents of the archipelago and island, ...

, the

executive branch of the government of Puerto Rico The executive branch of the government of Puerto Rico is responsible for executing the laws of Puerto Rico, as well as causing them to be executed. Article Four of the Constitution of Puerto Rico, Article IV of the Constitution of Puerto Rico ve ...

. The article establishes the term length of the governor and the requirements to hold such post, as well as establishing the governor as commander-in-chief of the militia, namely the

Puerto Rico National Guard The Puerto Rico National Guard (PRNG; ) is the national guard of the U.S. Commonwealth of Puerto Rico. The Constitution of the United States specifically charges the National Guard with dual federal and state missions, which includes to provide ...

. It also establishes that the governor must present a

State of the State address State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...

to the Legislative Assembly each year, as well as a report on the

Budget of the Government of Puerto Rico The Budget of the Government of Puerto Rico () is the proposal by the Governor of Puerto Rico to the Legislative Assembly of Puerto Rico, Legislative Assembly which recommends funding levels for the next fiscal year, beginning on July 1 and ending ...

. The article also establishes the Council of Secretaries, and that all secretaries must be appointed with the

advice and consent Advice and consent is an English phrase frequently used in List of enacting formulae, enacting formulae of bill (proposed law), bills and in other legal or constitutional contexts. It describes either of two situations: where a weak executive ...

from the

Senate of Puerto Rico The Senate of Puerto Rico () is the upper house of the Legislative Assembly of Puerto Rico, the territorial legislature of Puerto Rico. The Senate, together with the House of Representatives of Puerto Rico, control the legislative branch of ...

, except for the Secretary of State which requires the advice and consent of the

as well. Article Four also established several executive departments, namely the departments of Agriculture and Commerce,

Education Education is the transmission of knowledge and skills and the development of character traits. Formal education occurs within a structured institutional framework, such as public schools, following a curriculum. Non-formal education als ...

Health Health has a variety of definitions, which have been used for different purposes over time. In general, it refers to physical and emotional well-being, especially that associated with normal functioning of the human body, absent of disease, p ...

Justice In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the most plausible candidate for a core definition comes from the ''Institutes (Justinian), Inst ...

Labor Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour ...

State State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...

Public Works Public works are a broad category of infrastructure projects, financed and procured by a government body for recreational, employment, and health and safety uses in the greater community. They include public buildings ( municipal buildings, ...

, and

Treasury A treasury is either *A government department related to finance and taxation, a finance ministry; in a business context, corporate treasury. *A place or location where treasure, such as currency or precious items are kept. These can be ...

. The Department of Agriculture and Commerce was later renamed to the

Department of Agriculture An agriculture ministry (also called an agriculture department, agriculture board, agriculture council, or agriculture agency, or ministry of rural development) is a ministry charged with agriculture. The ministry is often headed by a minister f ...

, while several decades later the Department of Commerce and Economic Development was created by extraconstitutional law. The article also established the first steps towards the

Puerto Rico governmental line of succession The Puerto Rico gubernatorial line of succession defines who may become or act as Governor of Puerto Rico upon the incapacity, death, resignation, or removal from office (by impeachment and subsequent conviction) of a sitting governor or a gover ...

, establishing the Secretary of State as first in line of succession.

Article Five: Judicial Power

Article Five describes the powers, structure, functions, responsibilities, and legal scope of the

Supreme Court of Puerto Rico 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 State ...

, the judicial branch of the government of Puerto Rico. The article also establishes that the Supreme Court must be the

court of last resort In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

, and that it must be composed by a Chief Justice and several

Associate Justices An associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some st ...

. It also establishes that judges must be appointed by the

with the

from the

Article Six: General Provisions

Article Six authorizes the Legislative Assembly to create, abolish, consolidate and reorganize municipalities; to change their territorial limits; to determine their organization and functions; and to authorize them to develop programs for the general welfare and to create any agencies necessary for that purpose. It also authorizes the Commonwealth of Puerto Rico to impose and collect taxes and to authorize their imposition and collection by municipalities, as determined by the Legislative Assembly.

Article Seven: Amendments to the Constitution

Article 7 established the rules to perform amendments to the constitution, the Legislative Assembly may propose amendments to this Constitution by a concurrent resolution approved by not less than two-thirds of the total number of members of which each house is composed. All proposed amendments shall be submitted to the qualified electors in a special referendum, but if the concurrent resolution is approved by not less than three-fourths of the total number of members of which each house is composed, the Legislative Assembly may provide that the referendum shall be held at the same time as the next general election. Each proposed amendment shall be voted on separately and not more than three proposed amendments may be submitted at the same referendum. Every proposed amendment shall specify the terms under which it shall take effect, and it shall become a part of this Constitution if it is ratified by a majority of the electors voting thereon. The section 3 indicates that no amendment to this Constitution shall alter the republican form of government established by it or abolish its bill of rights.* * By Resolution number 34, approved by the Constitutional Convention and ratified in the Referendum held on November 4, 1952, the following new sentence was added to section 3 of article VII: "Any amendment or revision of this constitution shall be consistent with the resolution enacted by the applicable provisions of the

, with the Puerto Rican Federal Relations Act and with Public Law 600,

Eighty-first Congress The 81st United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from January 3, 194 ...

, adopted in the nature of a compact".

References

External links

* * Text of the Constitution
Statement by the President Upon Signing Bill Approving the Constitution of the Commonwealth of Puerto Rico
, Truman Library {{Americas topic, Constitution of, title=Constitutions of states and dependencies in the Americas

Government of Puerto Rico Political history of Puerto Rico