SPECIAL FEATURE COLUMN 18 CARIBBEAN BUSINESS THURSDAY, AUGUST 4, 2011 CARIBBEAN BUSINESS THURSDAY, AUGUST 4, 2011 31 The commonwealth and the PDP BY RAFAEL HERNÁNDEZ COLÓN is clearly established in Examining Bd. of Engi- Beyond the issue of inclusion in the plebiscite, neers, Architects & Surveyors v. Flores de Otero, the PDP has made clear to the people of Puerto ritics of commonwealth 426 U.S. 572. Rico its position on our political status. The PDP Allied’s expansion of services continues apace Ccharge that it isn’t de- The sixth principle, that Congress can treat is the only party in Puerto Rico that supports the fi ned, precise or concrete; Puerto Rico differently from the states, as long existing relationship between Puerto Rico and BY ANGELA VARGAS now the exclusive distributor in Puerto Rico for “Our focus is to create and maintain business that there have been differ- as it has a rational basis for doing so, goes back the U.S. This is a crucial position with regard to a global electronics company.” partnerships for the long term: This is the biggest ent defi nitions of common- to U.S. Supreme Court opinions in Downes v. the party’s capacity to run our government and ince 2008, Allied Logistics Worldwide has Allied also has signifi cantly increased the vol- added value we provide,” Frontera said. “That, wealth proposed by the Pop- Bidwell, 182 U.S. 244, and its most recent incar- engage our problems. Yet this fact isn’t clearly Sbeen restructuring its managerial culture with ume of space it handles. With four storage units and the best team and resources in Puerto Rico’s ular Democratic Party (PDP) nation, Harris v. Rosario, 446 U.S. 651, whose perceived by those Puerto Ricans who tend to be- the aim of bolstering the company’s development in Caguas, Puerto Nuevo, Guaynabo and Cataño, shipping industry.” throughout the years, and that holding, when read in the light of the opinions in lieve that there is no difference between electing and growth. Allied now has more than 250,000 square feet to Referring to burgeoning Latin American mar- today different members of Calero, Examining Board and Rodríguez, isn’t a pro-commonwealth government and electing an Alberto Cruz, president and one of Allied’s work with. kets such as in Panama and the Dominican Re- the party continue to propose anticommonwealth government to run the com- founding members, reported the company has Frontera listed electronic data interchange (EDI) public, the company president stated that Allied different defi nitions. …commonwealth is a monwealth. They don’t understand that by failing increased its revenue by 25% while steadily add- as an example of how Allied focuses on increasing is currently—and seriously—looking south when This, they say, was what prevented an agree- in governance, the NPP gains in politics because ing new accounts. its position as a state-of-the-art industry player. considering expansion. ment with the governing New Progressive Party juridical reality; a legal it goes on to place the blame on commonwealth, While consumer-goods transportation services The term loosely refers to the structured transmis- Cruz noted the atmosphere in the industry is (NPP) on the upcoming plebiscite. entity existing under the not on its administration. continue to be the core of Allied’s operations, sion of information between companies. Frontera currently one of rapid change. Many large compa- Alejandro García Padilla took the bull by the Let us not forget that commonwealth is our this particular niche now occupies nearly 40% of said most enterprises prefer to conduct business nies that weren’t initially interested in operating horns at the PDP Convention held last month constitutional law of the reality and that statehood, free association and the company’s operations, where it used to easily this way nowadays, where reports, bidding and from Puerto Rico have fi nally seen the island’s in Río Grande. The gubernatorial candidate and United States of America independence are aspirations. No adult in Puerto take up 60%. payment processes are entirely done within Al- potential as a stepping-stone between the States party president put forth the essence of common- Rico should be naïve enough to expect that we “We have been expanding our services to in- lied’s web services. and the world, he said. wealth in seven principles, which were approved and recognized under are going to become a state of the union, much clude maritime, aerial, distribution and storage The company also has established a number of “Many of these companies fail when tran- by acclamation by the convention. less a republic, within his or her lifespan. There services,” said Allied General Manager Joaquín global strategic alliances in which Allied functions sitioning to the local market,” Cruz said. “On Contrary to defi nitions put forth in recent years international law by the isn’t, and won’t be, according to electoral trends, Frontera, who joined the company in 2008. “In as an agent with respect to Puerto Rico’s market. the other hand, we have a unique competitive by the party, or by its members, the principles United Nations. a substantial political majority to bring about fact, we also are diversifying to serve high-value The move is intended to launch the shipping & edge whereby we fully understand the market’s propounded by García Padilla rest on the law as such a change. The instruments of government sectors such as apparel and technology. We are logistics company further into the global market. standards.” Ⅲ it exists today; they aren’t political constructs pro- that Puerto Rico is under the plenary territorial that we have, and will have during our lifetimes, duced by fertile imaginations; they aren’t wish powers of Congress, but that in the exercise of its are those provided by the commonwealth. Our lists. They are solid principles set forth in the laws residual powers under the compact—which stem, economic progress, our quality of life, our so- of Congress, in our Constitution and the federal among other sources, from Article IV Sec. 3 of cial justice, depend on the use we make of these Constitution, in opinions of the Supreme Court of the Constitution—Congress isn’t constrained by instruments. the United States and other federal courts, and in all the provisions of the U.S. Constitution when You can’t at the same time berate them and use decisions of the General Assembly of the United legislating for Puerto Rico. them effectively. Unfortunately, many of our vot- Nations. The seventh principle is that being parties to ers haven’t become aware of this and elect NPP The fi rst principle is that commonwealth was a dynamic relationship, the Congress and the governments to administer the commonwealth, created by means of a compact between the U.S. people of Puerto Rico, in common agreement, which the NPP despises. This is like placing a Congress and the people of Puerto Rico. This may broaden the commonwealth’s autonomy. boxer in a ring with one hand tied behind his back, rests on U.S. Public Law 600 of 1950 and Public This is supported by numerous Supreme Court and mentally conditioned to punch himself with Law 447 of 1952, numerous U.S. Supreme Court opinions in cases, such as United States v. Lara, the other hand. The truth behind this metaphor opinions and Resolution 748 (1953) of the United 541 U.S. 193. This means that changes in the can be perceived if one analyses the effects the Nations General Assembly. relationship may be made by mutual agreement federal minimum wage and the loss of Section The second and third principles are that com- between Congress and the people of Puerto Rico, 936—brought about by NPP governments—have monwealth is an autonomous political entity and but these changes must be within the nature of had on our economy. But the one who loses in that, like the states, it is sovereign in matters not commonwealth as defi ned by the other six princi- this fi ght isn’t the boxer who blames his loss on governed by the U.S. Constitution. Several U.S. ples. This doesn’t imply a change to another type commonwealth; it is the people of Puerto Rico. Supreme Court opinions vouch for this: Calero- of status, such as free association or statehood. Status positioning isn’t enough to confront our Toledo v. Pearson Yacht Leasing Co., 416 U.S. The PDP stands today for commonwealth, and challenges today, but it is the foundation upon 663; Examining Bd. of Engineers, Architects & will stand for it tomorrow when enhancements which sophisticated and sectorially targeted poli- Surveyors v. Flores de Otero, 426 U.S. 572; and of this status are made. cies must be developed by the commonwealth Rodríguez v. Popular Democratic Party, 457 U.S. The seven principles defi ne the commonwealth and federal governments in order for our econo- 1. So does U.N. Resolution 748 (1953). in a juridical sense. It is fi tting that it should be my to achieve, once again, a respectable growth The fourth principle, that our American citi- done this way, because commonwealth is a ju- rate with which we can improve our quality of zenship and our loyalty to the principles of the ridical reality; a legal entity existing under the life and deepen our social justice. Ⅲ U.S. Constitution are the indispensable founda- constitutional law of the United States of Amer- tions of our permanent union with the U.S., is ica and recognized under international law by Rafael Hernández Colón is a three-term (12-year) inscribed in the preamble of the commonwealth the United Nations. This entity must be included former governor of Puerto Rico (1973-76 and 1985-92). Constitution and in U.S. Supreme Court deci- in the plebiscite ballot in order for the people of He served as Justice secretary (1965-67) and Senate sions such as Afroyim v. Rusk, 387 U.S. 253, Puerto Rico to have a valid exercise of self-deter- president (1969-72). He was president of the Popular establishing the permanency and irrevocability mination. Formulations of what commonwealth Democratic Party for 19 years. Comments on this article of U.S. citizenship. should be, if not anchored in existing law, might are welcome at caribbeanbusiness.pr. Go to Sign in link The fi fth principle, that Congress relinquished be debatable as to their constitutional viability, on the homepage. Emails also may be sent to column@ its plenary territorial powers over Puerto Rico, and thus are objectionable. Not this one. caribbeanbusinesspr.com.