Page 8 - Suffolk University Law Review
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7] THEEVOLUTION OFDEMOCRATIC GOVERNANCE 593
Stability Act (PROMESA), which addresses Puerto Rico's current fiscal crisis,
casts a shadow on the case law's trend toward democratization.31
This Article seeks to analyze the principles set forth by the U.S. Supreme
Court in Sanchez Valle supporting creative statesmanship between territories,
or former territories, and the U.S. govemment. The goal of this statesmanship
is to establish truly democratic arrangements and allocations of powers
protected by the U.S. Constitution, based on the principle of consent by the
governed. These constitutionally protected democratic arrangements stand in
sharp contrast to the restrictive vision of territorial power that underpins
PROMESA, the Supreme Court's nineteenth-century jurisprudence, the U.S.
Solicitor General's amicus curiae brief, and other amici curiae briefs in Sanchez
Valle. These sources stand for the proposition that any political arrangements
with territories or former territories are unprotected, because Congress retains
plenary powers to undo them. This restrictive view of the Territorial Clause
and the opposing creative statesmanship views are beyond the narrow question
of double jeopardy raised in Sanchez Valle, yet the U.S. Supreme Court
addressed them head on. 32 This Article posits that a careful reading of Sanchez
Valle demonstrates a rejection of the restrictive view of territorial powers, and
opens theprotected spheres of sovereignty between nonstate territories and the United
States-as Frankfurter suggested in 1914. With the political will of both
Congress and Puerto Rico, creative statesmanship can be the foundation of a
commonwealth relationship that connects the intemational norm of self-
determination and the American principle of consent by the govemed. This
Article now turns to an analysis of the Sanchez Valle pronouncements, which
draws upon the competing visions outlined above.
II. THE OPINIONS OF THE PUERTO RICO SUPREME COURT AND THE U.S.
SUPREME COURT IN SANCHEZ VALLE
Luis Sanchez Valle was charged with, and pleaded guilty to, selling a
firearm without a license in violation of 18 U.S.C. § 922.33 After he was
sentenced on his federal charges, Sanchez Valle filed a motion to dismiss his
additional charges (which originated. out of the same criminal activity as bis
federal conviction) brought by the Puerto Rican government for violating
Puerto Rico's Weapons Act.34 At the Puerto Rico trial court, Sanchez Valle
31. See Puerto Rico Oversight, Management, and Economic Stability Act, Pub. L. No. 114-187, 130 Stat.
549 (2016) (noting POMESA's supremacy over Puerto Rico's territorial laws).
32. See Sanchez Valle, 136 S. Ct. at 1875-77 (discussing Puerto Rican sovereígnty to decide double
jeopardy issue),
33. See id. at 1869 (describing charges against Luis Sanchez Valle in Puerto Rico and United States).
34. See id. (focusing on Sanchez Valle's double jeopardy argument); Pueblo v. Sanchez Valle, 192 P.R.
Dec. 594, 598-99 (2015) (outlining Sanchez Valle's weapons charges in Puerto Rico); see a/so P.R. LAWS ANN.
tit. 25, § 458 (2016) (codifying license requirement for weapon distribution).
Stability Act (PROMESA), which addresses Puerto Rico's current fiscal crisis,
casts a shadow on the case law's trend toward democratization.31
This Article seeks to analyze the principles set forth by the U.S. Supreme
Court in Sanchez Valle supporting creative statesmanship between territories,
or former territories, and the U.S. govemment. The goal of this statesmanship
is to establish truly democratic arrangements and allocations of powers
protected by the U.S. Constitution, based on the principle of consent by the
governed. These constitutionally protected democratic arrangements stand in
sharp contrast to the restrictive vision of territorial power that underpins
PROMESA, the Supreme Court's nineteenth-century jurisprudence, the U.S.
Solicitor General's amicus curiae brief, and other amici curiae briefs in Sanchez
Valle. These sources stand for the proposition that any political arrangements
with territories or former territories are unprotected, because Congress retains
plenary powers to undo them. This restrictive view of the Territorial Clause
and the opposing creative statesmanship views are beyond the narrow question
of double jeopardy raised in Sanchez Valle, yet the U.S. Supreme Court
addressed them head on. 32 This Article posits that a careful reading of Sanchez
Valle demonstrates a rejection of the restrictive view of territorial powers, and
opens the
States-as Frankfurter suggested in 1914. With the political will of both
Congress and Puerto Rico, creative statesmanship can be the foundation of a
commonwealth relationship that connects the intemational norm of self-
determination and the American principle of consent by the govemed. This
Article now turns to an analysis of the Sanchez Valle pronouncements, which
draws upon the competing visions outlined above.
II. THE OPINIONS OF THE PUERTO RICO SUPREME COURT AND THE U.S.
SUPREME COURT IN SANCHEZ VALLE
Luis Sanchez Valle was charged with, and pleaded guilty to, selling a
firearm without a license in violation of 18 U.S.C. § 922.33 After he was
sentenced on his federal charges, Sanchez Valle filed a motion to dismiss his
additional charges (which originated. out of the same criminal activity as bis
federal conviction) brought by the Puerto Rican government for violating
Puerto Rico's Weapons Act.34 At the Puerto Rico trial court, Sanchez Valle
31. See Puerto Rico Oversight, Management, and Economic Stability Act, Pub. L. No. 114-187, 130 Stat.
549 (2016) (noting POMESA's supremacy over Puerto Rico's territorial laws).
32. See Sanchez Valle, 136 S. Ct. at 1875-77 (discussing Puerto Rican sovereígnty to decide double
jeopardy issue),
33. See id. at 1869 (describing charges against Luis Sanchez Valle in Puerto Rico and United States).
34. See id. (focusing on Sanchez Valle's double jeopardy argument); Pueblo v. Sanchez Valle, 192 P.R.
Dec. 594, 598-99 (2015) (outlining Sanchez Valle's weapons charges in Puerto Rico); see a/so P.R. LAWS ANN.
tit. 25, § 458 (2016) (codifying license requirement for weapon distribution).
