Don't believe the hype: The political status of Puerto Rico is still controlled by Congress.
(Photo; Brennan Linsley/AP)
Recently, my friend Noel Bajandas sent me a link to an article about the outcome of Puerto Rico's latest referendum on its political status, which was voted upon on November 6th. He suggested I'd write something about it on my blog because it's the first time in history that a majority of Puerto Rican voters has chosen statehood. I thanked him and thought to myself, "no thanks."
What Noel didn't know is that I grew up in a politically polarized family, that my grandmother and great uncle were at one point members of the Puerto Rican Nationalist Party, that I have always been pro independence, and that I believe these referendums are the biggest smokescreen in the history of U.S. colonialism. As I pondered on why should I avoid the subject, I realized that I was not only depriving my friend Noel from my point of view but also taking a silent position on something that I have always felt so passionate about. Like me, Noel represents the millions of Puerto Ricans who live in the U.S. and who might never have a say on the future of Puerto Rico by virtue of where we reside. Different from Noel, I grew up in Puerto Rico and migrated to the U.S. in great part because of the repressive politics of the island.
Like in 1967, 1993 and 1998, this latest referendum will not change the status of our country because it would actually take an act of Congress to do so. Per United States v. Sanchez, 992 F.2d 1143, 1152–53 (11th Cir. 1993), "Congress continues to be the ultimate source of power [over Puerto Rico] pursuant to the Territory Clause of the Constitution." That means that no matter how many times Puerto Ricans themselves vote to decide their political future, Congress has absolute control over that decision. Historically, the U.S. Congress has never acted on any status referendum conducted in Puerto Rico, and even though the Puerto Rico Democracy Act of 2009 (H.R.2499) was passed in Congress, it aims to provide for "a federally sanctioned self-determination process for the people of Puerto Rico." This vague language only promises that Congress will now consider sanctioning the process.
I appreciate President Obama's efforts to address the issue through the White House Task Force on Puerto Rico, but I'm still hesitant to call it real and meaningful progress. The complexity of the process, which I must say has been unravelling for the last 45 years, might be too big of a task for the White House while there are so many other pressing issues for the Obama administration. I'm not confident about this "new process" because it is just that, a new way of doing the same thing Congress has been doing all along.
The outcome of the latest referendum doesn't surprise me at all. Statehood seems like a life preserver in very rocky seas. The reality of the economic situation of Puerto Rico today paired with the economic uncertainty we are experiencing on a global scale is enough to scare even the most staunch proponents of independence or a free association. What annoys me about this process is that the U.S. government is still at the stage of "wanting" to make sure they agree with the options presented to Puerto Ricans; this more than 100 years after making us a colony or "territory" as they prefer to call it.
The reality is that becoming a state will have repercussions for other states in the union. If Puerto Rico were to become a state it will obtain two seats in the Senate and about five seats in the House. The chances of increasing the current number of seats in the House are very slim, so most likely this means that other states will have to lose some seats to accommodate the new members. Is the U.S. Congress ready to alter its structure to welcome representation for Spanish speaking Americans who perhaps consider themselves Puerto Rican first and American second?
Not only are Puerto Rican voters still divided on this issue (regardless of how the results have been spun in American media, there's still a deep philosophical divide in the island), but there's also great resistance from PACs and other extreme political organizations in the U.S. that don't want the financial burden of another state or an increase in the pro-Democrat Latino vote pool of this country. There's still another referendum to be held before the issue moves to Congress and I suspect the road will be long and difficult.
Once this happens, the ball will be again on the Congress side of the court, but I can't be optimistic about a final resolution. We have gone through this charade before.