Page 20 - Suffolk University Law Review
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7) THE EVOLUTION OF DEMOCRATJC GOVERNANCE 611
Insular Cases in its extensive analysis of the current relationship between
Puerto Rico and the United States. The Court's affinnation of the unique
nature of Puerto Rico's status is an important step in the right direction. More
is needed, however, in the realm of restraints upon Congress in the political and
economic arena, so that the principies of freedom and govemment by consent
may flourish.
VI. LEGISLATIVE HISTORY SUSTAINS ATTAINMENT OF COMMONWEALTH
STATUS
The P.R. Supreme Court argued that the legislative histories of Law 600 and
Law 447 demonstrated that Congress did not intend to transform the territory of
Puerto Rico into a sovereign entity.145 In support of this argument, the P.R.
Supreme Court quoted phrases by then-Governor Luis Muñoz Marin and by
Resident Commissioner Antonio Fernós Isern during thc legislative process, as
well as committee reports and other comments by members of the executive
branch.146 The e remarks were taken out of context, and ignore other
statements made by Muñoz Marín, Fernós Isem, and members of Congress,
that confinn their intent to transform Puerto Rico's territorial status through
Law 600 and Law 447.
The U.S. Supreme Court ignored the quoted legislative history, and rejected
tbe invitation to declare Puerto Rico a territory without sovereignty. As a
former member of the First Circuit Court of Appeals, Justice Breyer previously
considered and rejected the same arguments in his opinion in Cordova .147 He
wrote, "[t]he theme that consistently runs throughout the legislative history of
Puerto Rico's attainment of Commonwealth status is that Cornmonwealth
represents the fultillment of a process of increasing self-government over local
affairs by the people of Puerto Rico."148 Isolated statements in a legislative
process by which a people realize an exercise of self-determination must be
carefully scrutinized, and cannot provide the basis for debasing such a
momentous act.
The P.R. Supreme Court further argued that the White House task force
reports produced under the three prior presidential administrations-all of
which concluded that Puerto Rico is a territory-support the position that
Puerto Rico is a territory under the plenary powers of Congress, and therefore,
is a territory without sovereignty for Fifth Amendment purposes.149 Viewed
145. See Pueblo v. Sanchez Valle, 192 P.R. Dec. 596. 627-31 (2015) (arguing Puerto Rico's terntorial
status existed post Law 600 and Law 447).
146. See id. (affirmmg Puerto Rico's territorial nature).
147. See Cordova & Simonpietri lns. Agency, lnc. v. Chase Manhattan Bank. .A., 649 F.2d 36, 40 ( lst
Cir, 1981) (concluding theme of legislative history included desire to increase Puerto Rico 's self-govemance).
148. See id. (explammg how Puerto Rico achieved commonwealth status).
149. See Sane/tez Valle, 192 P.R. Dec. at 640-42 (discussing nature of relationship between Unned States
and Puerto Rico).
Insular Cases in its extensive analysis of the current relationship between
Puerto Rico and the United States. The Court's affinnation of the unique
nature of Puerto Rico's status is an important step in the right direction. More
is needed, however, in the realm of restraints upon Congress in the political and
economic arena, so that the principies of freedom and govemment by consent
may flourish.
VI. LEGISLATIVE HISTORY SUSTAINS ATTAINMENT OF COMMONWEALTH
STATUS
The P.R. Supreme Court argued that the legislative histories of Law 600 and
Law 447 demonstrated that Congress did not intend to transform the territory of
Puerto Rico into a sovereign entity.145 In support of this argument, the P.R.
Supreme Court quoted phrases by then-Governor Luis Muñoz Marin and by
Resident Commissioner Antonio Fernós Isern during thc legislative process, as
well as committee reports and other comments by members of the executive
branch.146 The e remarks were taken out of context, and ignore other
statements made by Muñoz Marín, Fernós Isem, and members of Congress,
that confinn their intent to transform Puerto Rico's territorial status through
Law 600 and Law 447.
The U.S. Supreme Court ignored the quoted legislative history, and rejected
tbe invitation to declare Puerto Rico a territory without sovereignty. As a
former member of the First Circuit Court of Appeals, Justice Breyer previously
considered and rejected the same arguments in his opinion in Cordova .147 He
wrote, "[t]he theme that consistently runs throughout the legislative history of
Puerto Rico's attainment of Commonwealth status is that Cornmonwealth
represents the fultillment of a process of increasing self-government over local
affairs by the people of Puerto Rico."148 Isolated statements in a legislative
process by which a people realize an exercise of self-determination must be
carefully scrutinized, and cannot provide the basis for debasing such a
momentous act.
The P.R. Supreme Court further argued that the White House task force
reports produced under the three prior presidential administrations-all of
which concluded that Puerto Rico is a territory-support the position that
Puerto Rico is a territory under the plenary powers of Congress, and therefore,
is a territory without sovereignty for Fifth Amendment purposes.149 Viewed
145. See Pueblo v. Sanchez Valle, 192 P.R. Dec. 596. 627-31 (2015) (arguing Puerto Rico's terntorial
status existed post Law 600 and Law 447).
146. See id. (affirmmg Puerto Rico's territorial nature).
147. See Cordova & Simonpietri lns. Agency, lnc. v. Chase Manhattan Bank. .A., 649 F.2d 36, 40 ( lst
Cir, 1981) (concluding theme of legislative history included desire to increase Puerto Rico 's self-govemance).
148. See id. (explammg how Puerto Rico achieved commonwealth status).
149. See Sane/tez Valle, 192 P.R. Dec. at 640-42 (discussing nature of relationship between Unned States
and Puerto Rico).
