Page 6 - Suffolk University Law Review
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7] THE EVOLUTIONOF DEMOCRATIC GOVERNANCE 591
plenary powers over Alaska and Hawaü.
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.17 Achieving this
legitimacy dernands 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
governed by creating a commonwealth.18 Law 600 offered the people of Puerto
Rico an avenue to adopt their own constitution and govem 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.i'' Law 447 approved this draft, and formalized 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.22 The third and last effort to democratize occurred in 1986, when 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
l 7. See U.N. Charter art, 73, e. (regularing "non-self-governing territories..). Pursuant to Article 73 of
the United Nations Charter, the United States must reguJarly present "statistical and other information"
regarding the development of self-govemment in Guam, the Virgin lslands. and American Samoa. Id. The
United States stopped submitting reports on Puerto Rico after the 1950-1952 consrirutional process, pursuant to
the U.N. General Assembly's Resolutioo 748 (VIIl) of 1953. See O.A. Res. 748 (VIll), at 25 (Nov. 27, 1953)
(allowing United Stares to cease subrnitting information reguired 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 a/so Act of July 3, 1952, Pub. L. No. 82-447, 66 Stat. 327
(approving Puerto Rico's new constirution).
19. See § 2, 64 Stat. al 319 (callingfor Puerto Rican constitutional referendum).
20. See 66 Star, al 327 (recogniziogoverwbelmingapproval of Puerto Rican constitutioo).
21. See id. (approving Puerto Rican constitution).
22. See Act of Mar. 24, 1976, Pub. L. No. 94-241. 90 Stat. 263 (approving self-goveming status of
Northem Mariana Islands). "For the United States, the Covenantrepresented a novel method of expanding the
union-not by conquest, purchase, or treaty with another foreign power-but witb the consent of those to be
governed." See Maybetb HeraJd, The Northern Mariana Is/amis: A Change in Course Under lis Covenant
with the United States, 71 OR. L. REv. 127, 127 (1992) (describing change in territoriaJ status for Northern
Mariana Islands),
23. See Act of Jan. 14, 1986, Pub. L. No. 99-239, 99 Stat. 1770 (approving free associarion compacts with
Micronesia aod Marsh.aU Islands); see a/so LErBOWITZ, supra note 2, 622-703 (discussing free associatioo
cornpact with Palau).
24. See Bureau of East Asían and Pacific Affairs, U.S. Relations with Marshall Tslands, U.S. DEP'T.
STATE (Dec. 25, 2016), https://www.state.gov/r/pa/ei/bgn/2655l.htm [https://penna.cc/Z389-XW4A]
plenary powers over Alaska and Hawaü.
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.17 Achieving this
legitimacy dernands 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
governed by creating a commonwealth.18 Law 600 offered the people of Puerto
Rico an avenue to adopt their own constitution and govem 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.i'' Law 447 approved this draft, and formalized 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.22 The third and last effort to democratize occurred in 1986, when 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
l 7. See U.N. Charter art, 73, e. (regularing "non-self-governing territories..). Pursuant to Article 73 of
the United Nations Charter, the United States must reguJarly present "statistical and other information"
regarding the development of self-govemment in Guam, the Virgin lslands. and American Samoa. Id. The
United States stopped submitting reports on Puerto Rico after the 1950-1952 consrirutional process, pursuant to
the U.N. General Assembly's Resolutioo 748 (VIIl) of 1953. See O.A. Res. 748 (VIll), at 25 (Nov. 27, 1953)
(allowing United Stares to cease subrnitting information reguired 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 a/so Act of July 3, 1952, Pub. L. No. 82-447, 66 Stat. 327
(approving Puerto Rico's new constirution).
19. See § 2, 64 Stat. al 319 (callingfor Puerto Rican constitutional referendum).
20. See 66 Star, al 327 (recogniziogoverwbelmingapproval of Puerto Rican constitutioo).
21. See id. (approving Puerto Rican constitution).
22. See Act of Mar. 24, 1976, Pub. L. No. 94-241. 90 Stat. 263 (approving self-goveming status of
Northem Mariana Islands). "For the United States, the Covenantrepresented a novel method of expanding the
union-not by conquest, purchase, or treaty with another foreign power-but witb the consent of those to be
governed." See Maybetb HeraJd, The Northern Mariana Is/amis: A Change in Course Under lis Covenant
with the United States, 71 OR. L. REv. 127, 127 (1992) (describing change in territoriaJ status for Northern
Mariana Islands),
23. See Act of Jan. 14, 1986, Pub. L. No. 99-239, 99 Stat. 1770 (approving free associarion compacts with
Micronesia aod Marsh.aU Islands); see a/so LErBOWITZ, supra note 2, 622-703 (discussing free associatioo
cornpact with Palau).
24. See Bureau of East Asían and Pacific Affairs, U.S. Relations with Marshall Tslands, U.S. DEP'T.
STATE (Dec. 25, 2016), https://www.state.gov/r/pa/ei/bgn/2655l.htm [https://penna.cc/Z389-XW4A]
