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Many here will ask, What are the insular cases? What does that have to do with statehood, independence or what ever Puerto Rican’s finally decide?
If life was so simple we would just go to the poll booth and decide what we want, when and if Congress gives us the green light. That’s democracy right. Wrong.
However its a bit more complicated.
THE INSULAR CASES were a series of cases, starting in 1900 to 1922 and beyond, that tried to legally organize the newly acquired territories that were conquered after 1898. Hawaii was not included in these because it was INCORPORATED OFFICIALLY in 1900. What the cases decided was only for the newly acquired Territories only.
To make a very long legal story short, SCOTUS decided in BALZAC VS US in 1922 that Porto Rico belonged to the United States but WAS NOT PART OF THE UNITED STATES. Therefore, it also cleared up that having obtained American citizenship in 1917 was in no way INCORPORATION or a promise of statehood.
Many here will say, “hey wait a minute” . Those decisions were from 1922, many things have changed since then. That is what I thought too. However in a case of 2008 involving Guantanamo prisoners, SCOTUS referred to its 1922 decision on Porto Rico.
In a nut shell, , American constitutional rights do not pass on automatically to inhabitants of a property of the United States. If the residents want 100% rights, they must move to the mainland.
BOTTOM LINE, Puerto Rico is just a PROPERTY of Congress and it does what it fits with it. It can give it away, dispose of it no matter what the inhabitants want. Same goes for Guam.
Many here will say,” THATS NOT TRUE ! Congress will never dispose of its property without the consent of its people. That’s not how democracy works”.
However, don’t fight with me. SCOTUS hasn’t changed it’s interpretation since it devised the cases in 1900. Of course these cases can be thrown out, but today 2019 They are still valid. If fact they were cited in a case in 2008.
It’s awfully STRANGE how folks here have ignored this thread, THE INSULAR CASES.
These cases have been the American legal rational for keeping colonies after 1898. These cases might hold the key to INCORPORATION and put the island on towards statehood. However NO ONE dares tackle this subject.
Although no one dared tackle this touchy subject, nonetheless 223 people checked it out.
SCOTUS might once again touch the INSULAR CASES. If the court decides to take a case thrown to it by Boston’s fifth circuit, Puerto Rico’s status will come into play.
PROMESA the Frankenstein monster created by congress to deal with Puerto Rico’s bankruptcy, unilaterally took over the financial powers off the elected government of the island. Financial powers are the reason governments exist. This action threw the island back to 1900.
Nonetheless, Congress has the oficial right to do this because the INSULAR CASES gave congress the right to do with its territories what ever it wished.
If SCOTUS decides to take the case it will either REAFFIRM congresional right to do with Puerto Rico what ever it wants, no matter what Puerto Ricans say, or declare the insular cases unconstitutional.
Although no one dared tackle this touchy subject, nonetheless 223 people checked it out.
SCOTUS might once again touch the INSULAR CASES. If the court decides to take a case thrown to it by Boston’s fifth circuit, Puerto Rico’s status will come into play.
PROMESA the Frankenstein monster created by congress to deal with Puerto Rico’s bankruptcy, unilaterally took over the financial powers off the elected government of the island. Financial powers are the reason governments exist. This action threw the island back to 1900.
Nonetheless, Congress has the oficial right to do this because the INSULAR CASES gave congress the right to do with its territories what ever it wished.
If SCOTUS decides to take the case it will either REAFFIRM congresional right to do with Puerto Rico what ever it wants, no matter what Puerto Ricans say, or declare the insular cases unconstitutional.
if that happens hell will break loose.
But is that the case about the appointments of the members of the board under PROMESA? If that is the issue I think it can be narrowed to that controversy and not touch as much the insular cases.
PROMESA gets its rational from the INSULAR CASES. They specifically state that Congress has the last word even though Puerto Ricans don’t vote for the Congress men who imposed Promesa. In fact PROMESA and its congressional bureaucrats tell the elected officials of Puerto Rico what to do. This is the crudest form of colonialism.
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