Section 3

The Question of Sovereignty

How the debt crisis has put Puerto Rico’s liminal political status under a microscope, making evident its non-sovereignty.

Two court cases relevant to the autonomy

of the Island were the Puerto Rico v. Sánchez Valle case, and the Puerto Rico v. Franklin California Tax-Free Trust case. These court decisions had meaningful implications for the Island’s policies on bankruptcy and debt restructuring. The former made clear that the Island is not fully autonomous and ultimately answers to the U.S. Congress; the latter determined that the Island does not have the power to authorize municipalities to seek debt restructuring.

These court cases, along with the imposition of The Fiscal Oversight Board, made many wonder whether the United Nations would reconsider its past decisions and recognize that Puerto Rico is, in fact, non-self-governing under international law. These events, which unmasked the Island’s non-sovereignty, were ironically contrasted with the Island’s sporting sovereignty: Mónica Puig won an Olympic gold medal while representing Puerto Rico.

In the context of the debt crisis, this victory united Puerto Ricans and allowed them to re-assert their national identity. Furthermore, in this critical moment, Governor Ricardo Rosselló determined that a plebiscite was required to solve the Island’s colonial condition and fiscal crises. Although statehood won, many opposition parties boycotted the election and the validity of the plebiscite was questioned by the federal government.

2016 SCOTUS cases

Puerto Rico v. Sanchez Valle

Mark Joseph Stern, “The Supreme Court Deals a Blow to Puerto Rican Sovereignty” Slate, June 9, 2016.

The case of Puerto Rico v. Sánchez Valle created discussions about whether Puerto Rico was sovereign enough to prosecute criminals after they had already been successfully prosecuted by the federal government (according to the Fifth Amendment’s Double Jeopardy Clause both states and the federal government can try a defendant for the same crime). The court ruled no—thereby establishing that the Island is not a separate sovereign. This news article discusses the reasoning behind this decision and how many have challenged it, each opinion is supported by very different judicial philosophies.

Christian Farias, “Supreme Court Deals Blow To Puerto Rican Government — And Gives Hope To Puerto Rico” Huffington Post, June 9, 2016.

This news article discusses the implications of the case of Puerto Rico v. Sánchez Valle for the Island. Ultimately, it makes clear that the Island is not fully autonomous and answers to the U.S. Congress. The author presents Justice Elena Kagan’s explanations for this decision, which she based on the Island’s history and its relationship with the United States, showing that Congress has had the final word on Puerto Rico’s affairs.

“Supremo EE.UU. confirma decisión sobre Sánchez Valle,” El Nuevo Día, June 9, 2016.

The judge’s decision in the case of Puerto Rico v. Sánchez Valle states that, for the purposes of the Double Jeopardy Clause, Puerto Rico’s status as free associated state is not one of sovereignty. Describing dissident voices, the news article presents the opinions of judges Stephen Breyer and Sonia Sotomayor. This decision was particularly important at that time, since the Island’s bankruptcy laws and fiscal issues were under discussion.

PRIMARY SOURCES AND MULTIMEDIA:

Puerto Rico v. Sanchez Valle Supreme Court Opinions (2016).

SCOTUSblog coverage of Puerto Rico v. Sanchez Valle including links to briefs and other key documents (2015 – 2016).

Puerto Rico v. Franklin California Tax-Free Trust

David Dayen, “Will Congress Thwart Puerto Rico’s Best Chance for Relief?,” The American Prospect, June 2, 2016.

This news article discusses the Puerto Rico v. Franklin California Tax-Free Trust case and how it may affect the dynamics of the restructuring of the Island’s debt. If Puerto Rico gains a favorable Supreme Court ruling, it would allow it to dictate terms on at least $20 billion of its debt. This is due to the fact that the case involves the Recovery Act, a local law passed in 2014, that is not part of the federal bankruptcy code. This article explains what the process the Recovery Act entails and it recounts the diverging points of view of Puerto Rico and of the bondholder’s in relation to this Act.

Eva Lloréns Vélez, “Supreme Court Rules Against Puerto Rico Debt Recovery Act,” Caribbean Business, June 13, 2016.

The Supreme Court did not give Puerto Rico a favorable ruling in the Puerto Rico v. Franklin California Tax-Free Trust case. This means that the Island does not have the power to authorize municipalities to seek debt restructuring. This news article explains what this ruling means, in light of both the Supreme Court decision that Puerto Rico was a territory without sovereignty separate from the U.S. Congress and the passage of the bill that would establish a federal oversight board on the Island. Furthermore, Justice Sonia Sotomayor and Ruth Bader Ginsburg dissenting opinions are discussed (they did not agree that Section 903 should have preempted the Recovery Act ruling).

Vann R. Newkirk, “Puerto Rico’s Dream, Denied,” The Atlantic, June 14, 2016.

This news article establishes a connection between the rulings of Puerto Rico v. Sánchez Valle, Puerto Rico v. Franklin California Tax-Free Trust, and the denial of review for Tuaua v. United States. These Supreme Court decisions cement the colonial position of Puerto Rico and American Samoa, ending theories of self-determination in these areas. The author goes through each of the Supreme Court’s decisions, explaining the specifics of the cases and what they mean for each Island.

PRIMARY SOURCES AND MULTIMEDIA:

Puerto Rico v. Franklin California Tax-Free Trust Supreme Court Opinions (2016).

SCOTUSblog coverage of Puerto Rico v. Franklin California Tax-Free Trust including links to briefs and other key documents (2015 – 2016).

Puerto Rico at the United Nations

José A. Delgado, “Puerto Rico’s Case Before the UN,” El Nuevo Día, June 20, 2016.

Every year, the Special Committee on Decolonization of the United Nations discusses Puerto Rico’s state of political uncertainty. While they have reached a consensus defending the Island’s right to self-determination for the past 35 years, this year’s decision is tentative due to the Supreme Court’s decision in the case of Puerto Rico v. Sánchez Valle and the impending Fiscal Oversight Board that will be imposed on the Island. This news article discusses this event, who the speakers will be, and captures some of their opinions.

“Developments in the Law — The International Place of Puerto Rico,” Harvard Law Review (2017).

This scholarly legal article analyzes Puerto Rico’s liminal political status from an internationalist perspective. The author states that recent developments have made it evident that Puerto Rico is non-self-governing under international law and discusses the implications of this status. The article offers a critical perspective on how the Island has been discussed and classified by the United Nations.

“Puerto Rican Governor Asks UN to Support Self-Determination,” TeleSur, June 21, 2016.

The U.N. Special Committee on Decolonization met to hear and discuss arguments from petitioners regarding Puerto Rico’s political status. The news article presents the opinions of one petitioner, former governor Alejandro García Padilla. He states that he was forced to support the legislation the House of Representatives passed concerning the Fiscal oversight Board. Moreover, he urged the United States to fulfill the promises it made when it requested, in 1953, that Puerto Rico be removed from the U.N.’s list of colonies.

“Special Committee on Decolonization Refers to Post-Hurricane Plight of Puerto Ricans as it Approves Annual Self-Determination Text,” United Nations Meetings Coverage, June 18, 2018.

This article discusses the Special Committee on Decolonization and it’s new resolution that would require the United States to take responsibility for the plight of Puerto Rico, as well as create a process that will enable the citizens of Puerto Rico to exercise their right to self-determination and independence. This is accompanied by the denunciation of the colonial occupation by over 40 petitioner groups, categorizing the act as genocide and “economic terrorism”. The committee also condemned the lack of support by the United States government in the recovery of Hurricane Maria, citing that the hurricane-related deaths were all a result of colonialism.

José A. Delgado Robles, “Aprueban resolución a favor de libre determinación e independencia,” El Nuevo Día, June 18, 2018.

This article discusses the new resolution approved by the United Nation that favors self-determination and independence in Puerto Rico due to the allegations that the authorities did not respond to the emergency created by Hurricane Maria in a prompt and adequate manner. This resolution had the full endorsement of the Community of Latin American States (Comunidad de Estados Latinoamericanos – CELAC) and the Movement of Non-Aligned Countries (Movimiento de Países no Alienados). Despite the 37 resolutions in favor of Puerto Rican independence over 47 years, there have been no decolonization efforts put forth by the United States.

PRIMARY SOURCES AND MULTIMEDIA:

United Nations, “Special Committee on Decolonization Approves Text Calling upon United States Government to Expedite Self-Determination Process for Puerto Rico” (2016).

VIDEO United Nations, “The governor of Puerto Rico Alejandro Garcia Padilla called on the United Nations decolonization committee to put the case of Puerto Rico to the General Assembly of the United Nations Organization and to the Human Rights Council.”

Olympic Sovereignty

Jorge Castillo, “As Puerto Rico nears first-ever gold medal, a complicated Olympic history reemerges” Washington Post August 13, 2016.

With Monica Puig’s possible gold medal around the corner, this news article mentions the complicated ties between Puerto Rico’s participation in international sporting competitions, its national identity, and its political status. Essentially, the Island enjoys sporting sovereignty but not political sovereignty. The author compares Monica Puig, who chose to represent Puerto Rico in tennis in the Olympics, and Gigi Fernández, a Puerto Rican tennis player who, in previous years, chose to represent the United States.

Gene Demby, “How Monica Puig’s Gold Medal Complicates The Argument for Puerto Rico’s Statehood” NPR Code Switch August 21, 2016.

In this interview, Professor Antonio Sotomayor discusses a topic he has researched and published on: Puerto Rico’s national identity and its international athletic endeavors. He explains why and how Puerto Rico gained sporting sovereignty. The author describes the complicated position of Puerto Rican athletes, who have to decide whether to play for the U.S. or the national team—a decision that can be a pragmatic and/or political. He also discusses the 2004 basketball game where Puerto Rico beat the American team, comprised of NBA stars.

Leani García, “What Puig’s Olympic Gold Really Means for Puerto Rico” Americas Quarterly August 16, 2016.

This editorial column describes the excitement Puerto Ricans felt at the prospect of Mónica Puig winning the Island’s first gold medal in the Olympics. Once she won and the La Borinqueña, the national anthem, played for the first time on the Olympian stage, Puerto Ricans were filled with pride and joy. As the author explains, this victory meant a lot in the context of the Island’s massive public debt, the installment of the Fiscal oversight Board, and the Zika crisis—it served to unite the Puerto Rican people.

Antonio Sotomayor, “Puerto Rico Olímpico: Soberanía, identidad y colonialismo.” Historia(s) Do Sport.

In this article, the author describes the topic of his most recent book, “The Sovereign Colony: Olympic Sport, National Identity, and International Politics in Puerto Rico.” He briefly goes back in time to explain the political, cultural, and athletic contexts that allowed the Island to accomplish Olympic sovereignty—from the American invasion which introduced new sports into the educational system, to the positive image the United States gained from the Island’s athletic sovereignty during decolonizing efforts after the Second World War. Puerto Rico’s representation in sports has great cultural importance for its citizens, becoming an arena in which to forge and assert national identity. The author draws attention to the colonial history that must permeate current discussions of Monica Puig’s Olympic victory.

José Nicolás Medina Fuentes, “Béisbol, deporte y lucha anticolonial y antineoliberal” 80 grados April 7, 2017.

After Monica Puig’s victory, another event that unified Puerto Rico was its participation in the World Baseball Classic, where it obtained a record of 7-1 and took second place. The author explains the relationship between Puerto Rican baseball and the industry of the Major Leagues. For the author, it is essential to unpack this history to understand the dynamics, customs, and political implications of Puerto Rico’s most recent participation in the World Baseball Classic. In particular, the article explains the strict policies of the Major Leagues industry and how Puerto Rican coaches and players contend with it.

“Blonds have more fun: Hair dye supplies running low in Puerto Rico as island supports baseball team” Associated Press March 22, 2017.

This news article discusses the fad that spread across Puerto Rico where Puerto Ricans dyed their hair and beards blond, imitating the Island’s baseball players, who bleached their hair for the final games of the World Baseball Classic. This phenomenon, which was not limited by age or class, demonstrates how sports have the power of uniting the country. The author captures the opinions of several Puerto Rican players and men, all enthusiastic about their dyed hair and the effect it has had on the Island.

Yara Simón, “Ahead of May 1 Strikes in PR, This Poet Wants to Take the Power of Puñeta From Sports to Activism” Remezcla April 27, 2017.

The poet Omar Iloy created a spoken word ode which describes the power of the word “puñeta”—a word that became important for baseball fans during Puerto Rico’s participation in the World Baseball Classic. This news report presents a video of Iloy’s performance as well as his own comments about its meaning. Furthermore, the author of the article provides her take on the poet’s work, explaining that Iloy is not merely discussing sports: he turns the word “puñeta” into a political rallying cry that empowers the Puerto Rican people.

Antolín Maldonado Rios, “Bajo amenaza el deporte profesional” El Nuevo Dia April 30, 2017.

This article informs readers about the plan of the Puerto Rican government to cut the budget of municipalities by $350 million and explains that this could affect the funding of professional sports. Many mayors see the money that is dedicated to teams as an investment, not only because of what sports contribute to national identity, but also because sports help to move the economy of their cities. While many teams are at risk of disappearing, there is hope that to deal with severe budget cuts, professional teams will need to work together to seek help from several municipalities.

FURTHER READING:

Antonio Sotomayor The Sovereign Colony: Olympic Sport, National Identity and International Politics in Puerto Rico (Lincoln: University of Nebraska Press, 2016).

The 2017 Plebiscite and the Push for Statehood

“Puerto Rico ¿elegirá independencia? en plebiscito de 11 de junio,” HispanTV, February 4, 2017.

(Includes video of Gov. Ricardo Rosselló announcing the new plebiscite initiative.) Ricardo Roselló, the governor of Puerto Rico, signed a law for the Immediate Decolonization of Puerto Rico, which establishes that a plebiscite will take place on June 11, 2017. As the article explains, this law declares that, if statehood were to win, a process would immediately take place in order for Puerto Rico to join the Union as a 51st state. The government promotes this plebiscite as an instrument to solve the Island’s colonial condition.

Julie Schwietert Collazo, “Debt Crisis Gives Urgency to Puerto Rico’s coming Statehood Vote” Americas Quarterly June 08, 2017.

This article presents the perspective of various Puerto Ricans in relation to the impending plebiscite where they will vote on the Island’s political status: many feel that the financial crisis is tied to Puerto Rico’s unique legal status and they all express a desire to change the status quo. The author explains the active debate that has occurred leading up to the plebiscite. For example, the Independence Party is pushing for a boycott. Although statehood is expected to win, it is doubtful whether the results will produce any change since Congress is highly unlikely to ratify it.

Julio Ricardo Varela, “Will US Honor Results of Puerto Rico’s June 11 Plebiscite Vote? DOJ Official Declines to Comment,” Latino USA, May 31, 2017.

This article seeks to clarify the many discussions regarding the validity of the Puerto Rican plebiscite vote. The Puerto Rican government had to revise the ballot language in order for the federal government to approve it. However, to the dismay of the statehood party, it is still doubtful whether the federal government supports the plebiscite’s language and will honor the results. Furthermore, without the Department of Justice’s approval, the Puerto Rican government, which is undergoing a massive debt crisis, will have to provide funds to cover the vote’s expenses.

Frances Robles, “23% of Puerto Ricans Vote in Referendum, 97% of Them for Statehood,” New York Times, June 11, 2017.

In order to understand the results of Puerto Rico’s plebiscite, one has to take into consideration the fact that opposition parties boycotted the election and merely 23 percent of registered voters cast ballots (instead of the typical 80 percent). These circumstances and the fact that the government held the election without money or approval from the Justice Department, makes it difficult for the Puerto Rican governor to ask the federal government to honor the results. The author of this article contextualizes the plebiscite within the Island’s financial problems, explaining that many who voted for statehood considered this vote a route towards solving the fiscal crisis.

“Puerto Rico votes on statehood: Polls and protests,” The Conversation, June 12, 2017.

This article details the results of Puerto Rico’s plebiscite, explaining why they are fraught and likely to be ignored by Congress. The authors compare this plebiscite’s turnout to those of past plebiscites and elections. Furthermore, they describe the protests that have occured as a response to the Island’s economic conditions. Many feel that mobilization is a more effective way to face the fiscal crisis than polls.

Lyanne Meléndez García “En secreto la asignación de fondos al Plan Tenesí” Metro June 06, 2017.

The Puerto Rican government signed the Law for Congressional Equality and Representation of American Citizens in Puerto Rico. This article explains the Commission that this law creates and its purpose, which is to lobby Congress to honor the results of the plebiscite. The law does not provide details regarding how the Commission will be funded.

Benjamín Torres Gotay, “La perfecta excusa para no actuar,” El Nuevo Día, June 12, 2017.

The author of this article analyzes how American newspapers discussed Puerto Rico’s plebiscite, how this can shape the U.S. government’s point of view, and, in turn, how this affects Puerto Ricans. He points out that media articles have emphasized the low participation of voters and the extremely high margin by which statehood won. The author explains the reasons why this plebiscite will be seen as illegitimate in the eyes of the U.S. government. Furthermore, he argues that the plebiscite and the conditions in which it took place actually diminishes the possibility of Puerto Rico ever becoming a state.

Alianzas y Boycott:

“Alianza de cara al plebiscito” El Nuevo Día March 15, 2017.

This contains a video of a gathering of politicians and organizations that repudiate the plebiscite and defend the Independence or free association of Puerto Rico.

Alejandra M Jover Tovar “El PIP cambia de posición y anuncia que no participará del plebiscito” Primera Hora April 17, 2017.

This news article discusses how the Puerto Rican Independence Party positioned itself regarding the 2017 plebiscite. Its members were against the inclusion of the colonial territorial status as an alternative on the ballot; they considered this an act of submission to American politics and, therefore, a loss of credibility of the statehood party. Consequently, they urged Puerto Ricans to boycott the plebiscite.

Gloria Ruiz Kuilan. “Hernández Colón: “Ese Plebiscito no vale na” El Nuevo Día April 17, 2017.

Rafael Hernández Colón, an ex-governor of Puerto Rico, critiqued many decisions made by the statehood party related to the 2017 plebiscite, including the alternatives and the wording of the ballot. This news article elucidates his argument about including the alternative of ELA, or “free associated state.” He declared that the plebiscite is irrelevant if the Federal Justice Department does not approve the ballot’s options.

Leysa Caro González, “El Partido del Pueblo Trabajador se une al boicot al plebiscito,” El Nuevo Día, May 29, 2017.

Alongside other political parties, the Partido del Pueblo Trabajador (PPT) urged for a boycott of the Puerto Rican 2017 plebiscite. They consider it to be a waste of the Island’s resources and incapable of solving Puerto Rico’s colonial status. This news article describes various critiques of the plebiscite by different party members. For instance, Rafael Bernabe, the PPT ex-candidate for Governor stated that a constitutional status assembly would be a better mechanism to challenge Puerto Rico’s territorial status.

PRIMARY SOURCES:

“Ley para la Descolonización Inmediata de Puerto Rico de 2017”

Department of Justice Letter to Puerto Rico Gov. Ricardo Rosselló

Enmiendas a la ley del 3 de febrero de 2017

Papeleta modelo 2017

MULTIMEDIA:

VIDEO: Sana Saeed, “Should Puerto Rico Become The 51st State?,” AJ+, June 4, 2017.

VIDEO: “Foro Abierto – Puerto Rico: Plebiscito en medio de gran crisis fiscal,” HispanTV, May 26, 2017.

VIDEO: De La Nada (feat. Wabbapals), “Plebuchito Plebiscito,”Tripletapr, June 10, 2017.

AUDIO: “THE 51ST STATE?” The 1A show, WAMU, June 13, 2017.

MEMES: “Memes sobre la estadidad en P.R. inundan las redes” Metro June 07, 2017

FURTHER READING:

Frances Negrón-Muntaner, “Introduction,” in None of the Above: Contemporary Puerto Rican Culture and Politics (Palgrave Macmillan, 2007).

Cynthia López Cabán,”Historic journey of the Plebiscite,” El Nuevo Día June 11, 2017.

David Stebenne, “Statehood for Puerto Rico? Lessons from the last time the US added a star to its flag,” The Conversation June 9, 2017.

Ángel Israel Rivera, “¿Quiénes son los libre asociacionistas?,” 80 grados, June 9, 2017.

Luis Gutiérrez, “El Congreso jamás concederá la estadidad,” El Nuevo Día, February 10, 2017.

Benjamín Torres Gotay “Un triste desenlace,” El Nuevo Día, June 11, 2017.

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