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The Constitution of the Commonwealth of Puerto Rico ( es, Constitución del Estado Libre Asociado de Puerto Rico) is the controlling government document of
Puerto Rico Puerto Rico (; abbreviated PR; tnq, Boriken, ''Borinquen''), officially the Commonwealth of Puerto Rico ( es, link=yes, Estado Libre Asociado de Puerto Rico, lit=Free Associated State of Puerto Rico), is a Caribbean island and unincorporated ...
. It is composed of nine articles detailing the structure of the government as well as the function of several of its institutions. The document also contains an extensive and specific
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 pr ...
. It was ratified by Puerto Rico's electorate in a referendum on March 3, 1952, and on July 25, 1952,
Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
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 ...
proclaimed that the constitution was in effect. July 25 is known 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 ...
. The United States maintains ultimate sovereignty over Puerto Rico. Under this Constitution, Puerto Rico officially identifies as the Commonwealth of Puerto Rico.


History

The
United States government The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a feder ...
authorized Puerto Rico to draft its own constitution with a law passed in 1950. The Constitutional Assembly met for a period of several months between 1951 and 1952 in which the document was written. The law required the framers to follow only two basic requirements: a republican form of government and inclusion of a Bill of Rights. The proposed constitution was approved overwhelmingly by nearly 82% of the voters in a popular referendum on March 3, 1952. The
United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
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 3 of Article VII 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
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 ...
proclaimed that the constitution was in effect. In a speech on July 25, 2013, Governor Alejandro García Padilla, 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 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 admin ...
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 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. ___ (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 U.S. Supreme Court 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 case ...
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
United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
. 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 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 where proposed but these where unsuccessful. In 2021 the PPD majority lead by Tatito Hernández 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 entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
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 a Puerto Rican politician and lawyer currently serving as governor of Puerto Rico. He has previously served as Secretary of Justice, Resident Commissioner, acting Secretary of State, i ...
has favored term limits 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, in certain polities, voters can remove an elected official from office through a referendum before that official's term of off ...
.


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 ( es, Partido Socialista Puertorriqueño, PSP) 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 ...
. Members from the
Puerto Rican Independence Party The Puerto Rican Independence Party ( es, Partido Independentista Puertorriqueño, 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 ...
(PIP) abstained from participating. The following is a list of the delegates: The delegates, which would eventually become the founding fathers of the current commonwealth of Puerto Rico, established 10 permanent committees: 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 (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territo ...
.'' :''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 o ...
. 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.


Article Two: Bill of Rights

Article Two of the Constitution of Puerto Rico—titled as the Bill of Rights ( es, Carta de Derecho)— lists the most important rights held by the citizens of
Puerto Rico Puerto Rico (; abbreviated PR; tnq, Boriken, ''Borinquen''), officially the Commonwealth of Puerto Rico ( es, link=yes, Estado Libre Asociado de Puerto Rico, lit=Free Associated State of Puerto Rico), is a Caribbean island and unincorporated ...
. 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 pr ...
. The bill enumerates several freedoms, namely
freedom of assembly Freedom of peaceful assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ide ...
, freedom of the press,
freedom of religion Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freed ...
, freedom of speech, 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 Race, RACE or "The Race" may refer to: * Race (biology), an informal taxonomic classification within a species, generally within a sub-species * Race (human categorization), classification of humans into groups based on physical traits, and/or s ...
, color, sex,
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 (from , ) is the set of activities that are associated with making decisions in groups, or other forms of power relations among individuals, such as the distribution of resources or status. The branch of social science that stud ...
or religious ideas. The bill even took a step further by declaring such principles as essential to human equality. 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 jurisprudential concept for defining political distance in the relationship between religious organizations and the state. Conceptually, the term refers to the creation of a secular sta ...
, and that Puerto Rico must have a system of free and
secular Secularity, also the secular or secularness (from Latin ''saeculum'', "worldly" or "of a generation"), is the state of being unrelated or neutral in regards to religion. Anything that does not have an explicit reference to religion, either negativ ...
public education. It also establishes the right to vote, the right to life, and the
right to liberty Liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom. In modern politics, liberty is understood as the state of being free within society f ...
. 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 used in a significan ...
but they do have direct protections against
wiretapping Telephone tapping (also wire tapping or wiretapping in American English) 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 monitorin ...
. 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 fe ...
. 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 right to vote 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. 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
separation of church and state The separation of church and state is a philosophical and jurisprudential concept for defining political distance in the relationship between religious organizations and the state. Conceptually, the term refers to the creation of a secular sta ...
, 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 the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the ...
. It establishes the freedom of speech, freedom of the press,
freedom of assembly Freedom of peaceful assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ide ...
and the
right to petition The right to petition government for redress of grievances is the 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 Fundamental Rights of ...
. 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 will not exist under the jurisdiction of the commonwealth. Second, the section contains the due process of law 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 ...
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 150 national constitutions mention the right to privacy. On 10 December 194 ...
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. It establishes that persons shall be protected against "unreasonable searches and seizures". It explicitly prohibits the use of wire-tapping. Furthermore, it declares that no search-warrant shall be issued unless probable-cause 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: Ships * HMS ''Speedy'', nine ships of the Royal Navy * ''Speedy''-class brig, a class of naval ship * ''Speedy'' (1779), a whaler and convict ship despatched i ...
and
public trial Public trial or open trial is a 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 of the accus ...
, 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 case ...
. 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 or writ of attainder or bill of penalties) is an act of a legislature declaring a person, or a group of people, guilty of some crime, and punishing them, often without a trial. As with attai ...
. Section Thirteen guarantees the
writ of habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
, 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. 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 refers to the exploitation of children through any form of work that deprives children of their childhood, interferes with their ability to attend regular school, and is mentally, physically, socially and morally harmful. Such e ...
. 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, and composed by the Senate as the
upper house An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smaller and often has more restric ...
and the
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
as the lower house. It also established the composition of each house, and that Puerto Rico must be divided into senatorial and representative districts for the purpose of
elections An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold Public administration, public office. Elections have been the usual mechanism by which modern representative ...
. 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 country's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific ideological or p ...
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 amendments A constitutional amendment 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 altering the text. Conversely, t ...
, 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 and Speaker of the House 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, and where should they meet, namely in the
Capitol of Puerto Rico The Capitol of Puerto Rico ( es, Capitolio de Puerto Rico) is located on the Islet of San Juan just outside the walls of Old San Juan. The building is home to the bicameral Legislative Assembly, composed of the House of Representatives and ...
. It also granted parliamentary immunity to its members. Article Four also established the parliamentary procedure to enact bills, namely that they must be printed, read, referred to a commission 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 administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
in order to become law. The article also established the exclusive powers of each house, as well as establishing the post of Comptroller.


Article Four: Executive Power

Article Four describes the powers, structure, functions, responsibilities, and legal scope of the Governor of Puerto Rico, 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 IV of the Constitution of Puerto Rico vests the executive power on the Governor—w ...
. 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) – es, Guardia Nacional de Puerto Rico– 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 s ...
. It also establishes that the governor must present a
State of the State address The State of the State Address is a speech customarily given once each year by the governors of each of the states of the United States, although the terminology for this speech differs for some states: in Iowa, the speech is called the Condition of ...
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 ( es, Presupuesto del Gobierno de Puerto Rico) is the proposal by the Governor of Puerto Rico to the Legislative Assembly which recommends funding levels for the next fiscal year, beginning on July 1 an ...
. 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 enacting formulae of bills and in other legal or constitutional contexts. It describes either of two situations: where a weak executive branch of a government enacts something prev ...
from the
Senate of Puerto Rico The Senate of Puerto Rico ( es, Senado de 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 t ...
, except for the Secretary of State which requires the advice and consent of the
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
as well. Article Four also established several executive departments, namely the departments of Agriculture and Commerce,
Education Education is a purposeful activity directed at achieving certain aims, such as transmitting knowledge or fostering skills and character traits. These aims may include the development of understanding, rationality, kindness, and honesty ...
,
Health Health, according to the World Health Organization, is "a state of complete physical, mental and social well-being and not merely the absence of disease and infirmity".World Health Organization. (2006)''Constitution of the World Health Organiza ...
,
Justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
,
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 la ...
,
State State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
,
Public Works Public works are a broad category of infrastructure projects, financed and constructed by the government, for recreational, employment, and health and safety uses in the greater community. They include public buildings ( municipal buildings, sc ...
, and
Treasury A treasury is either *A government department related to finance and taxation, a finance ministry. *A place or location where treasure, such as currency or precious items are kept. These can be state or royal property, church treasure or i ...
. The Department of Agriculture and Commerce was later renamed to the Department of Agriculture, 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, 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 ( es, Tribunal Supremo de 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 c ...
, the
judicial branch of the government of Puerto Rico The Judiciary of Puerto Rico is defined under the Constitution of Puerto Rico and consists of the Supreme Court of Puerto Rico, Court of Appeals, and the Court of First Instance consisting of the Superior Courts and the Municipal Courts. Courts ...
. The article also establishes that the Supreme Court must be the
court of last resort A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
, and that it must be composed by a Chief Justice and several
Associate Justices 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 state ...
. It also establishes that judges must be appointed by the Governor of Puerto Rico with the
advice and consent Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts. It describes either of two situations: where a weak executive branch of a government enacts something prev ...
from the
Senate of Puerto Rico The Senate of Puerto Rico ( es, Senado de 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 t ...
.


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
Constitution of the United States The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
, with the Puerto Rican Federal Relations Act and with Public Law 600, Eighty-first Congress, adopted in the nature of a compact".


See also

* '' Balzac v. Porto Rico'' *
Federal tribunals in the United States Federal tribunals in the United States are those tribunals established by the federal government of the United States for the purpose of resolving disputes involving or arising under federal laws, including questions about the constitutionality ...
*
Index of Puerto Rico-related articles Index (or its plural form indices) may refer to: Arts, entertainment, and media Fictional entities * Index (''A Certain Magical Index''), a character in the light novel series ''A Certain Magical Index'' * The Index, an item on a Halo megastru ...
*
Law of Puerto Rico The legal system of Puerto Rico is a mix of the civil law and the common law systems. Language Puerto Rico is the only current U.S. jurisdiction whose legal system operates primarily in a language other than American English: namely, Spanish. Be ...
*
Political status of Puerto Rico The political status of Puerto Rico is that of an unincorporated territory of the United States. As such, the island of Puerto Rico is neither a sovereign nation nor a U.S. state. Because of that ambiguity, the territory, as a polity, lacks ce ...
*
Privileges and Immunities Clause The Privileges and Immunities Clause ( U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents a state from treating citizens of other states in a discriminatory manner. Additionally, a right of interstate ...
*
Proposed political status for Puerto Rico The proposed Political status of Puerto Rico, political status for Puerto Rico encompasses the different School of thought, schools of thought on whether Puerto Rico, currently an unincorporated territories of the United States, unincorporated t ...
*
Puerto Rican citizenship 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 mea ...
*
Sovereigntism (Puerto Rico) Sovereigntism, sovereignism or souverainism (from french: souverainisme, , meaning the ideology of sovereignty) is the notion of having control over one's conditions of existence, whether at the level of the self, social group, region, nation o ...
*
Special Committee on Decolonization The United Nations Special Committee on the Situation with Regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, or the Special Committee on Decolonization (C-24), is a committee of ...
*
United Nations list of non-self-governing territories Chapter XI of the United Nations Charter defines a non-self-governing territory (NSGT) as a territory "whose people have not yet attained a full measure of self-government". In practice, an NSGT is a territory deemed by the United Nations Gene ...
*
United States territorial court The United States territorial courts are tribunals established in territories of the United States by the United States Congress, pursuant to its power under Article Four of the United States Constitution, the Territorial Clause. Most Unit ...
*
Territories of the United States 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 tribal reservations as they are not sove ...


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
Puerto Rico Puerto Rico (; abbreviated PR; tnq, Boriken, ''Borinquen''), officially the Commonwealth of Puerto Rico ( es, link=yes, Estado Libre Asociado de Puerto Rico, lit=Free Associated State of Puerto Rico), is a Caribbean island and unincorporated ...
Government of Puerto Rico Political history of Puerto Rico