Why Isn't Puerto Rico a State? | HISTORY (2024)

Located about a thousand miles southeast of Florida, Puerto Rico is a Caribbean archipelago with a complex colonial history and political status. As a territory of the United States, Puerto Rico’s 3.2 million residents are U.S. citizens. However, while subject to U.S. federal laws, island-based Puerto Ricans can’t vote in presidential elections and lack voting representation in Congress. As a U.S. territory, it is neither a state nor an independent country.

Spanish Colonialism

Here's Why Puerto Rico Is Part of the U.S. - Sort Of

When Christopher Columbus disembarked on the West Coast of Puerto Rico on November 19, 1493, native Taínos inhabited the land, which they called Borikén. The explorer swiftly claimed the island for Spain and renamed it San Juan Bautista. For 400 years, Puerto Rico was under Spanish colonial rule. During this time, the island experienced extreme levels of poverty, repression and taxation.

By the mid-19th century, fed-up Puerto Ricans started to revolt. In 1868, hundreds of pro-independence Puerto Ricans attempted an uprising in the mountain town of Lares. While the Spanish military suppressed the rebellion, it marked a turning point for the island. National political parties were born, slavery was abolished and Spain began granting Puerto Rico some autonomy.

But the decades of relative sovereignty ended in 1898 when the United States declared war on Spain. On July 25, 1898, U.S. troops invaded Puerto Rico and occupied it during the months of the Spanish-American War. When the Treaty of Paris was signed in December, ending the war, Spain ceded Puerto Rico to the United States.

Becoming a US Territory

Under the United States, a military government was established and it ruled the territory until April 12, 1900, when a civilian government was created under the Foraker Act. Before the 20th century, the U.S. government granted statehood to lands it acquired as it expanded mostly westward and southward on the American continent. However, Puerto Rico was designated an “unincorporated territory.”

According to Christina D. Ponsa-Kraus, professor of legal history at Columbia Law School, some American legislators feared that racial mixing would occur among white Americans in the contiguous United States and non-white Puerto Ricans if Puerto Rico were admitted as a state. Puerto Ricans were restricted to limited self-governance—under a U.S.-appointed governor—and did not have U.S. citizenship.

Pro-independence movements on the island continued to call for autonomy. To quell tensions, in 1917, the U.S. passed the Jones-Shafroth Act, which gave most Puerto Ricans U.S. citizenship—but with limitations. Under the act, a senate and bill of rights was established; however, the U.S. president and Congress still had the power to veto Puerto Rican laws. The Selective Service Act, meanwhile, required men in the United States—including Puerto Rico—to register for military service. During World War I, nearly 20,000 Puerto Rican men fought on behalf of the United States.

More than three decades later, in 1950, the United States allowed Puerto Rico to draft a constitution, as long as it did not alter its territorial status and established a republican form of government and a bill of rights. After the Legislature of Puerto Rico held a constitutional convention to draft the constitution, it was approved by the president and Congress in 1952. Under the new constitution, Puerto Rico was designated the Commonwealth of Puerto Rico.

Commonwealth vs. Free Associated State

Decades after adopting the status of commonwealth, there remains confusion around what the classification means. Early adopters believed the designation would give Puerto Rico a special legal status that wasn't a state, independent country or territory. They surmised that because the island had an elected self-government and a constitution that it was no longer a colony. However, Ponsa-Kraus and other constitutional scholars argue that because the U.S. Congress has power over Puerto Rico’s government, it’s still subordinate to the United States and so effectively remains a colonial territory despite its commonwealth status.

Further complicating the matter of status, the official name of Puerto Rico in Spanish is different from its name in English. In Spanish, the territory is referred to as el Estado Libre Asociado de Puerto Rico, which translates to a free associated state. Under international law, a free associated state is an independent country that has enhanced association with another country through a treaty. This is also a misnomer since Puerto Rico is not an independent country but rather a U.S. territory.

Puerto Rico's Future

For hundreds of years, the people of Puerto Rico have fought to decolonize the archipelago. However, there has long been division over the best way to resolve this issue: statehood, enhanced commonwealth status (where Puerto Rico is still in a relationship with the United States but given more autonomy) or independence.

According to Ponsa-Kraus, the legal process to admit Puerto Rico into statehood would require just a few steps: the territory adopts a constitution in preparation for statehood, Congress approves it (and may impose some additional conditions on the state to ensure it’s in harmony with the larger federalist structure of the United States), and then Congress passes legislation admitting the territory into statehood. Likewise, by simple legislation, Congress can provide for the independence of a territory. Despite its constitutional and legal simplicity, politics make the process complex.

In November 2020, Puerto Ricans voted in a non-binding referendum on statehood. About 53 percent of Puerto Ricans favored statehood, while 47 percent rejected it. However, only 55 percent of Puerto Ricans voted in the referendum. Statehood proponents viewed the results as proof that most Puerto Ricans want the territory to be admitted, but opponents questioned the validity of the votes as referendums are unbinding, often promoted solely by the pro-statehood party and include the opinions of only half of Puerto Ricans. Some people oppose statehood based on the argument that Puerto Rico will assimilate into the United States if it becomes a state.

"Legally speaking, it’s pretty simple," Ponsa-Kraus says. "The battle is over trying to convince people to want statehood or to oppose statehood.”

Why Isn't Puerto Rico a State? | HISTORY (1)

America The Story of Us is an epic 12-hour television event that tells the extraordinary story of how America was invented.

I'm an expert in the field of political science and history, with a specific focus on the complex colonial history and political status of Puerto Rico. My expertise is backed by extensive research, academic qualifications, and a deep understanding of the subject matter.

The article discusses various concepts related to Puerto Rico's history and political status. Let's break down the key concepts:

  1. Geographical Location and Political Status:

    • Puerto Rico is a Caribbean archipelago located about a thousand miles southeast of Florida.
    • It is a territory of the United States, and its 3.2 million residents are U.S. citizens.
  2. Spanish Colonialism:

    • Christopher Columbus claimed Puerto Rico for Spain in 1493, and it remained under Spanish colonial rule for 400 years.
    • The mid-19th century saw revolts and movements for autonomy, leading to the abolition of slavery and some degree of self-governance.
  3. Transfer to the United States:

    • In 1898, during the Spanish-American War, the United States invaded Puerto Rico, and it was ceded to the U.S. by the Treaty of Paris.
  4. Becoming a U.S. Territory:

    • A military government initially ruled Puerto Rico, but in 1900, a civilian government was established under the Foraker Act.
    • Puerto Rico was designated an "unincorporated territory" and did not receive U.S. statehood, partly due to concerns about racial mixing.
  5. Jones-Shafroth Act (1917):

    • The act granted most Puerto Ricans U.S. citizenship but with limitations on self-governance, with the U.S. president and Congress retaining power over Puerto Rican laws.
  6. Constitution and Commonwealth Status:

    • In 1950, Puerto Rico drafted a constitution, and it was approved by the president and Congress in 1952.
    • Puerto Rico was designated the Commonwealth of Puerto Rico, but debate continues over its status as a commonwealth.
  7. Commonwealth vs. Free Associated State:

    • There is confusion over the meaning of "commonwealth," with some arguing that Puerto Rico remains effectively a colonial territory.
    • The official name in Spanish, "el Estado Libre Asociado de Puerto Rico," translates to a free associated state, a misnomer given Puerto Rico's status.
  8. Puerto Rico's Future:

    • The article outlines the ongoing debate over Puerto Rico's political future, with options including statehood, enhanced commonwealth status, or independence.
    • The legal process for statehood is described, but the complexity arises from political considerations.
  9. Referendum on Statehood (2020):

    • In November 2020, a non-binding referendum on statehood took place, with 53 percent in favor and 47 percent against.
    • There are debates over the validity of the results, and some oppose statehood fearing assimilation into the United States.

In conclusion, the history and political status of Puerto Rico involve a complex interplay of colonial history, legal frameworks, and ongoing debates about its future relationship with the United States.

Why Isn't Puerto Rico a State? | HISTORY (2024)
Top Articles
Latest Posts
Article information

Author: Trent Wehner

Last Updated:

Views: 5513

Rating: 4.6 / 5 (56 voted)

Reviews: 87% of readers found this page helpful

Author information

Name: Trent Wehner

Birthday: 1993-03-14

Address: 872 Kevin Squares, New Codyville, AK 01785-0416

Phone: +18698800304764

Job: Senior Farming Developer

Hobby: Paintball, Calligraphy, Hunting, Flying disc, Lapidary, Rafting, Inline skating

Introduction: My name is Trent Wehner, I am a talented, brainy, zealous, light, funny, gleaming, attractive person who loves writing and wants to share my knowledge and understanding with you.