Journal Title
Brooklyn Law Review
Volume
89
Issue
2
First Page
563
Document Type
Article
Publication Information
2024
Abstract
Part I of this article discusses the history and background of the United States' acquisition of Puerto Rico and how Puerto Rico became the commonwealth territory that it is today. The problematic history between the United States and Puerto Rico has been scrutinized in many works; however, this article provides a more recent overview of Puerto Rican contributions to the United States, both in terms of military service and monetary revenue. A current and accurate image of Puerto Rico and its entwinement with the United States is necessary to examine the depth of hypocrisy that its current legal status creates. Part II then explores how Puerto Ricans are a modern example of taxation without representation.
Part III examines the conflict in US case law with regard to Puerto Rican citizens and their disenfranchisement. Specifically, this article examines three contradictions in the territorial law cases: First, that the term "incorporated territory," has been rendered arbitrary and no longer applicable to US territories, as no inhabited territories currently exist as "incorporated." Second, that the term "unincorporated," as defined by the Insular Cases, is no longer fitting or appropriate to Puerto Rico. Finally, that the recent 2022 Supreme Court case, which essentially upheld the Insular Cases, was factually incorrect, as it did not account for Puerto Rican residents who are also federal employees and thus misapplied inconsistent precedent to thousands of citizens.
Part IV of this article then presents several solutions to remedy the conflict. Although there is consensus among advocates of the territories that the Insular Cases should be overturned, this article uniquely argues that, although this may be the beginning of a pathway toward voting rights for Puerto Ricans, overturning the cases-or even overturning only the very narrow issue of incorporation with respect to Puerto Rico is not enough to secure for its people protected presidential voting rights and a voting member in Congress. Solutions should instead include a pathway to statehood, amending the Constitution, and enacting a statutory right to vote.
Recommended Citation
Sigrid Vendrell-Polanco, Puerto Rican Presidential Voting Rights: Why Precedent Should Be Overturned, and Other Options for Suffrage, 89 Brook. L. Rev. 563 (2024).