Constitution of Puerto Rico
| Constitution of the Commonwealth of Puerto Rico | |
|---|---|
Exhibition of the Constitution at the rotunda of the Capitol of Puerto Rico | |
| Original title | Constitución del Estado Libre Asociado de Puerto Rico |
| Ratified | July 25, 1952 |
| Location | Capitol of Puerto Rico, San Juan, Puerto Rico |
| Author | 92 delegates from three parties |
| Purpose | Create a commonwealth in union with the United States |
| Full text | |
| Constitution of the Commonwealth of Puerto Rico at Wikisource | |
The Constitution of the Commonwealth of Puerto Rico (Spanish: Constitución del Estado Libre Asociado de Puerto Rico, lit. 'Constitution of the Free Associated State of Puerto Rico') is the primary organizing law for the unincorporated U.S. territory of Puerto Rico, describing the duties, powers, structures, and functions of the local government of Puerto Rico and its relation with the U.S. in nine articles. Established under the Puerto Rico Federal Relations Act of 1950, it was approved by the residents of the archipelago and island in a constitutional referendum on March 3, 1952, ratified by the U.S. Congress as per Pub. L. 82–447 on July 3, 1952, and proclaimed into effect by Governor Luis Muñoz Marín on July 25, 1952, which is celebrated as Constitution Day. As the constitution of a U.S. territory, it is bound by the U.S. Constitution.
The Constitution of Puerto Rico established the Commonwealth of Puerto Rico, which succeeded the insular government that operated under two organic acts: the Foraker Act from 1900 to 1917 and the Jones–Shafroth Act from 1917 to 1952. With the ratification of the constitution in 1952, the full authority and responsibility for the local government of Puerto Rico was vested in the residents of Puerto Rico, resulting in complete self-governance within the archipelago and island.
Like state constitutions, the territorial Constitution of Puerto Rico is modeled after the federal U.S. Constitution. It outlines the structure of the local government, establishing a bill of rights, an executive branch directed by a governor, a legislature composed of a legislative assembly, and judiciary headed by a supreme court. However, unlike state constitutions, the Puerto Rican constitution can be repealed or amended by the U.S. Congress, which preserves ultimate authority over the self-governing rights of Puerto Rico, as per the Territorial Clause in Article IV of the U.S. Constitution.
Under the constitution, Puerto Rico is neither a sovereign state nor a U.S. state, but a self-governing U.S. unincorporated territory subject to the constitutional and territorial sovereignty of the U.S. federal government. Specifically, the U.S. Congress has plenary authority or unlimited power over the archipelago and island through the Territorial Clause in Article IV of the U.S. Constitution. As such, Puerto Rico operates as an administrative division and dependent territory belonging to, but not part of, the U.S., which is composed of the 50 states and the federal District of Columbia. The political status of Puerto Rico is an ongoing debate.