Page 4 - Suffolk University Law Review
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7] THE EVOLUTIONOFDEMOCRATICGOVERNANCE 591
plenary powers over Alaska and Hawaii.
The democratic legitimacy of the United States' relationships with Puerto
Rico, Guam, the Virgin Islands, and American Samoa-which do not currently
endorse all fundamental American democratic principies-are pending issues
for Congress, the President, and the U.S. Supreme Court.'" Achieving this
Iegitimacy demands a higher degree of creative statesmanship in using
Congress's plenary territorial powers, in addition to political and judicial will.
Between 1950 and 1952, through the Puerto Rican Federal Relations Act (Law
600) and the Act of July 3, 1952 (Law 447), Congress initially attempted to
democratize and anchor its relationship with Puerto Rico to the consent of the
govemed by creating a commonwealth.18 Law 600 offered the people of Puerto
Rico an avenue to adopt their own constitution and govern themselves on
interna} matters related to their relationship with the United States.19 The
people of Puerto Rico accepted the compact embodied by Law 600 and drafted
their own constitution. 20 Law 447 approved this draft, and fonnalized the
compact.21
In 1976, Congress approved the Covenant to Establish the Commonwealth
of the Northem Mariana Islands in Political Union with the United States of
America, representing a second effort to democratize under the Territorial
Clause.F The third and last effort to democratize occurred in 1986, wben the
Federated States of Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau, adopted compacts of free association.23 The United States
military occupied these Pacific Ocean islands both during and after World War
II.24 Due to their military and strategic importance, the United States later
17. See U.N. Charter art. 73, 1 e. (regulating"non-self-governing territories"). Pursuant to Article 73 of
the United Nations Charter, the United States must regularly present "statistical and other information"
regarding the development of self-government in Guam, the Virgin Islands, and American Samoa. Id. The
United States stopped submitting reports on Puerto Rico after the 1950-1952 constitutional process, pursuant to
the U.N. General Assembly's Resolution 748 (VID) of 1953. See G.A. Res. 748 (VIII), at 25 (Nov. 27, 1953)
(allowing United States to cease submitting information required under Article 73).
18. See Puerto Rican Federal Relations Act, Pub. L. No. 81-600, 64 Stat. 319 (1950) (authorizing Puerto
Rican vote to install new constitution); see also Act of July 3, 1952, Pub. L. No. 82-447, 66 Stat. 327
(approving Puerto Ricos new constitution).
19. See § 2, 64 Stat. at 319 (calling for Puerto Rican constitutional referéndum).
20. See 66 Stat. at 327 (recognizing overwhelming approval of Puerto Rican constitution).
21. See id. (approvingPuerto Rican constitution).
22. See Act of Mar. 24, 1976, Pub. L. No. 94-241, 90 Stat. 263 (approving self-governing status of
Northem Mariana lslands). "For the United States, tbe Covenant represented a novel method of expanding the
union-not by conquest, purchase, or treaty with another foreign power-butwitb the consent of those to be
govemed." See Maybeth Herald, The Northern Mariana lslands: A Change in Course Under Jts Covenant
with the United States, 71 OR. L. REv. 127, 127 (1992) (describing change in territorial status for Northem
Mariana lslands).
23. See Act of Jan. 14, 1986, Pub. L. No. 99-239, 99 Stat. 1770 (approving free association compacts with
Micronesia and Marshall Islands); see a/so LElBOWITZ, supra note 2, 622-703 (discussing free association
compact with Palau).
24. See Bureau of East Asian and Pacific Affairs, U.S. Relations with Marshall lslands, U.S. DEP'T.
STATE (Dec. 25, 2016), https://www.state.gov/r/pa/ei/bgn/26551.htm [https://perma.cc/Z389-XW4A)
plenary powers over Alaska and Hawaii.
The democratic legitimacy of the United States' relationships with Puerto
Rico, Guam, the Virgin Islands, and American Samoa-which do not currently
endorse all fundamental American democratic principies-are pending issues
for Congress, the President, and the U.S. Supreme Court.'" Achieving this
Iegitimacy demands a higher degree of creative statesmanship in using
Congress's plenary territorial powers, in addition to political and judicial will.
Between 1950 and 1952, through the Puerto Rican Federal Relations Act (Law
600) and the Act of July 3, 1952 (Law 447), Congress initially attempted to
democratize and anchor its relationship with Puerto Rico to the consent of the
govemed by creating a commonwealth.18 Law 600 offered the people of Puerto
Rico an avenue to adopt their own constitution and govern themselves on
interna} matters related to their relationship with the United States.19 The
people of Puerto Rico accepted the compact embodied by Law 600 and drafted
their own constitution. 20 Law 447 approved this draft, and fonnalized the
compact.21
In 1976, Congress approved the Covenant to Establish the Commonwealth
of the Northem Mariana Islands in Political Union with the United States of
America, representing a second effort to democratize under the Territorial
Clause.F The third and last effort to democratize occurred in 1986, wben the
Federated States of Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau, adopted compacts of free association.23 The United States
military occupied these Pacific Ocean islands both during and after World War
II.24 Due to their military and strategic importance, the United States later
17. See U.N. Charter art. 73, 1 e. (regulating"non-self-governing territories"). Pursuant to Article 73 of
the United Nations Charter, the United States must regularly present "statistical and other information"
regarding the development of self-government in Guam, the Virgin Islands, and American Samoa. Id. The
United States stopped submitting reports on Puerto Rico after the 1950-1952 constitutional process, pursuant to
the U.N. General Assembly's Resolution 748 (VID) of 1953. See G.A. Res. 748 (VIII), at 25 (Nov. 27, 1953)
(allowing United States to cease submitting information required under Article 73).
18. See Puerto Rican Federal Relations Act, Pub. L. No. 81-600, 64 Stat. 319 (1950) (authorizing Puerto
Rican vote to install new constitution); see also Act of July 3, 1952, Pub. L. No. 82-447, 66 Stat. 327
(approving Puerto Ricos new constitution).
19. See § 2, 64 Stat. at 319 (calling for Puerto Rican constitutional referéndum).
20. See 66 Stat. at 327 (recognizing overwhelming approval of Puerto Rican constitution).
21. See id. (approvingPuerto Rican constitution).
22. See Act of Mar. 24, 1976, Pub. L. No. 94-241, 90 Stat. 263 (approving self-governing status of
Northem Mariana lslands). "For the United States, tbe Covenant represented a novel method of expanding the
union-not by conquest, purchase, or treaty with another foreign power-butwitb the consent of those to be
govemed." See Maybeth Herald, The Northern Mariana lslands: A Change in Course Under Jts Covenant
with the United States, 71 OR. L. REv. 127, 127 (1992) (describing change in territorial status for Northem
Mariana lslands).
23. See Act of Jan. 14, 1986, Pub. L. No. 99-239, 99 Stat. 1770 (approving free association compacts with
Micronesia and Marshall Islands); see a/so LElBOWITZ, supra note 2, 622-703 (discussing free association
compact with Palau).
24. See Bureau of East Asian and Pacific Affairs, U.S. Relations with Marshall lslands, U.S. DEP'T.
STATE (Dec. 25, 2016), https://www.state.gov/r/pa/ei/bgn/26551.htm [https://perma.cc/Z389-XW4A)
