Page 23 - Suffolk University Law Review
P. 23
7) THE EVOLUTIONOFDEMOCRATJC GOVERNANCE 615
Rican people of their self-government, tramples upon democracy, and fractures
Puerto Rico' s republican form of government, all of which Congress is bound
to protect under the United States Constitution, Law 600, and Law 447.
Sorne will argue that, by seeking and securing bankruptcy protections
through PROMESA, the govemment of Puerto Rico has implicitly consented to
PROMESA's result. Moreover, they will argue that PROMESA involves
bankruptcy, which líes outside the territorial plenary powers relinquished by
Congress when it approved the Constitution of the Commonwealth of Puerto
Rico. Nor, they will argue, is bankruptcy covered by the criteria found in
Cordova and Maldonado-Burgos concerning how and when a statute can apply
to Puerto Rico's internal matters. More plainly, sorne will argue that
PROMESA specifically addresses public policy concerns, and contains
evidence of Congress's intent to intervene more extensively in Puerto Rico's
interna} matters.
It is unlikely that this dispute will be judicially settled. PROMESA provides
an orderly process for restructuring the more than $70 billion in debt owed by
Puerto Rico. Moreover, the statuteinvasive powers over govemance without a concomitant invalidation of the
debt restructuring provisions.171 While it is evident that Puerto Rico faces
challenging years of austerity and conflicts with the FOMB, the possibility of
confronting multiple lawsuits from bondholders without a debt restructuring
process-with stays on lawsuits-would be chaotic and undesirable for the
Commonwealth.
Upon realizing the drawbacks inherent to the judicial route, Govemor
Alejandro García Padilla resorted to the United Nations as guardian of a
nation's right to self-determination.l'? In response to the arguments presented
by Governor García Padilla and many other Puerto Ricans, the Special
Committee on the Tmplementation of the Declaration on the Granting of
lndependence to Colonial Countries and Peoples (Special Committee)
denounced the FOMB and the position set forth by the United States Attorney
General in Sanchez Valle. The Special Committee, concernedly noting
Congress's "imposition on Puerto Rico" vis-a-vis the FOMB, called upon the
United States to "expedite a process that would allow the people of Puerto Rico
to exercise fully their right to self-determination and independence ... to take
Civil and Political Rights art. 25, adopted Dec. 16, 1966, 999 U.N.T.S. 171 (encapsulating rights of citizens to
participare in public affairs, including voting); Rodriguez v. Popular Democratic Party, 457 U.S. I, 8 (1982)
(acknowledging constitutional protection ofright to vote in Puerto Rico).
171. See Puerto Rico Oversight, Management, and Economic Stability Act § 3(a). The Act states, "if any
provision ofthis Act ... is held invalid ... title lll is not severable from titles I and 11, and titles 1 and TI are not
severable from title JJI." Id.
172. See Press Release, Special Comm. on Decolonization, Special Committee on Decolonization
Approves Text Calling Upon United States Govemment to Expedite Self-Determination Process for Puerto
Rico, U.N. Press Release GA/COU3926 (June 20, 2016), bttps://www.un.org/press/en/2016/gacol3296.doc.ht
m [https://perma.cc/45KV-NCPJ].
Rican people of their self-government, tramples upon democracy, and fractures
Puerto Rico' s republican form of government, all of which Congress is bound
to protect under the United States Constitution, Law 600, and Law 447.
Sorne will argue that, by seeking and securing bankruptcy protections
through PROMESA, the govemment of Puerto Rico has implicitly consented to
PROMESA's result. Moreover, they will argue that PROMESA involves
bankruptcy, which líes outside the territorial plenary powers relinquished by
Congress when it approved the Constitution of the Commonwealth of Puerto
Rico. Nor, they will argue, is bankruptcy covered by the criteria found in
Cordova and Maldonado-Burgos concerning how and when a statute can apply
to Puerto Rico's internal matters. More plainly, sorne will argue that
PROMESA specifically addresses public policy concerns, and contains
evidence of Congress's intent to intervene more extensively in Puerto Rico's
interna} matters.
It is unlikely that this dispute will be judicially settled. PROMESA provides
an orderly process for restructuring the more than $70 billion in debt owed by
Puerto Rico. Moreover, the statute
debt restructuring provisions.171 While it is evident that Puerto Rico faces
challenging years of austerity and conflicts with the FOMB, the possibility of
confronting multiple lawsuits from bondholders without a debt restructuring
process-with stays on lawsuits-would be chaotic and undesirable for the
Commonwealth.
Upon realizing the drawbacks inherent to the judicial route, Govemor
Alejandro García Padilla resorted to the United Nations as guardian of a
nation's right to self-determination.l'? In response to the arguments presented
by Governor García Padilla and many other Puerto Ricans, the Special
Committee on the Tmplementation of the Declaration on the Granting of
lndependence to Colonial Countries and Peoples (Special Committee)
denounced the FOMB and the position set forth by the United States Attorney
General in Sanchez Valle. The Special Committee, concernedly noting
Congress's "imposition on Puerto Rico" vis-a-vis the FOMB, called upon the
United States to "expedite a process that would allow the people of Puerto Rico
to exercise fully their right to self-determination and independence ... to take
Civil and Political Rights art. 25, adopted Dec. 16, 1966, 999 U.N.T.S. 171 (encapsulating rights of citizens to
participare in public affairs, including voting); Rodriguez v. Popular Democratic Party, 457 U.S. I, 8 (1982)
(acknowledging constitutional protection ofright to vote in Puerto Rico).
171. See Puerto Rico Oversight, Management, and Economic Stability Act § 3(a). The Act states, "if any
provision ofthis Act ... is held invalid ... title lll is not severable from titles I and 11, and titles 1 and TI are not
severable from title JJI." Id.
172. See Press Release, Special Comm. on Decolonization, Special Committee on Decolonization
Approves Text Calling Upon United States Govemment to Expedite Self-Determination Process for Puerto
Rico, U.N. Press Release GA/COU3926 (June 20, 2016), bttps://www.un.org/press/en/2016/gacol3296.doc.ht
m [https://perma.cc/45KV-NCPJ].
