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The Exclusion of Non-Native Voters from a Final Plebiscite in Puerto Rico: Law and Policy

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University of Massachusetts Amherst ScholarWorks@UMass Amherst Open Access Dissertations 9-2010 The Exclusion of Non-Native Voters from a Final Plebiscite in Puerto Rico: Law and Policy Ramon Antonio Rodriguez University of Massachusetts Amherst, [email protected] Follow this and additional works at: https://scholarworks.umass.edu/open_access_dissertations Part of the Political Science Commons Recommended Citation Rodriguez, Ramon Antonio, "The Exclusion of Non-Native Voters from a Final Plebiscite in Puerto Rico: Law and Policy" (2010). Open Access Dissertations. 307. https://scholarworks.umass.edu/open_access_dissertations/307 This Open Access Dissertation is brought to you for free and open access by ScholarWorks@UMass Amherst. It has been accepted for inclusion in Open Access Dissertations by an authorized administrator of ScholarWorks@UMass Amherst. For more information, please contact [email protected]. THE EXCLUSION OF NON-NATIVE VOTERS FROM A FINAL PLEBISCITE IN PUERTO RICO: LAW AND POLICY A Dissertation Presented by RAMON ANTONIO RODRIGUEZ SUAREZ Submitted to the Graduate School of the University of Massachusetts Amherst in partial fulfillment of the requirements for the degree of DOCTOR IN PHILOSOPHY September 2010 Political Science (c) Copyright by Ramon Antonio Rodriguez Suarez 2010 All Rights Reserved THE EXCLUSION OF NON-NATIVE VOTERS FROM A FINAL PLEBISCITE IN PUERTO RICO: LAW AND POLICY A Dissertation Presented by RAMON ANTONIO RODRIGUEZ SUAREZ Approved as to style and content by: ________________________ John Brigham, Chair ________________________ Roberto Alejandro, Member ________________________ Agustin Lao-Montes, Member _______________________________ John A. Hird, Chair Department of Political Science DEDICATION To my father Lorenzo O. Rodríguez who passed away before I concluded my PhD requirement and who always had faith in my desire and will to obtain my Ph.D. To my mother Nancy I. Suárez who throughout her life always showed me the value and power of education. Both served as a motivation and inspiration. ABSTRACT THE EXCLUSION OF NON-NATIVE VOTERS FROM A FINAL PLEBISCITE IN PUERTO RICO: LAW AND POLICY SEPTEMBER 2010 RAMON ANTONIO RODRIGUEZ SUAREZ, B.A., INTERAMERICAN UNIVERSITY OF PUERTO RICO M.A., SAINT JOHN‟S UNIVERISTY Ph.D., UNIVERSITY OF MASSACHUSETTS AMHERST Directed by: John Brigham U.S.-Puerto Rico relations have always been mystifying to countless U.S. citizens, due to inconsistent policies and judicial decisions from the United States. Puerto Ricans have no control over immigration yet immigrants can decide the future of the island nation. Puerto Rico is a nation under colonial rule. Paul R. Bras sustains the possibility of corporate recognition for the ethnic group as a separate nationality within an existing state evocative of the United States. The United States has treated Puerto Rico as a foreign country nevertheless at times as domestic. Under U.S. law and jurisprudence Puerto Rico is not part of the United States but rather the island is a possession. The electoral difference in plebiscites between the two major political parties is less than three percent. v Nonnative voters in the island can have the clout to decide the ultimate political status of the island. A key concern to the problem is who are considered nonnative voters in Puerto Rico. Non-native voters are those who have not been born in Puerto Rico nor have one of their parents born in the island. The exclusion is legally and politically achievable. There are many countries (ex. East Timor) in the world, former colonies (ex. Namibia), and previous U.S. territories (ex. Hawaii) that serve as examples of exclusion. Voting rights in plebiscites are determined by law. U.N. General Assembly Resolution 1514, states that all powers have to be in the hands of the people of Puerto Rico. International law and policies sustain that the future political status of colonies is to be determined by the nation. Puerto Rico lacks representation in the U.S. Government. When this happens the unrepresented become a separate nation. William Appelman Williams stated that “the principle of self determination when taken seriously … means a policy of standing aside for people to make their own choices, economic as well as political and cultural.” Under international law and policies of self-determination Puerto Rico can exclude non native voters. Judicial precedents make this point very comprehensible. vi TABLE OF CONTENTS Page ABSTRACT .............................................................................................................. v LIST OF TABLES .................................................................................................... ix INTRODUCTION...................................................................................................... 1 CHAPTER I. THE SETTING ........................................................................................................ 45 A. The Spanish Colony .................................................................................. 52 B. The American Colony ............................................................................... 65 1. Military Government ........................................................................... 66 2. Civil Government: The Foraker Act 1900-1917 .................................. 68 3. The Jones Act 1917 .............................................................................. 76 4. The Twenties and the Thirties .............................................................. 78 5. Luis Munoz Marin and the Populares .................................................. 79 II. NATION AND CITIZENSHIP .............................................................................. 85 A. The Legal Recognition of the Puerto Rican Identity for the Purpose of Voting in a Plebiscite ........................................................ 104 B. Conclusion ................................................................................................. 133 III. PUERTO RICAN CITIZENSHIP......................................................................... 135 A. The Origin of Puerto Rican Citizenship .................................................... 148 IV. INTERNATIONAL LAW AND POLICIES ........................................................ 167 A. United Nations and Self Determination ..................................................... 171 B. Fundamental and Procedural Requisite in the Exercise of Self Determination ................................................................................ 184 C. Decolonization ........................................................................................... 194 D. Conclusion ................................................................................................. 204 vii V. NATIONALISM AND COMMONWEALTH ...................................................... 208 A. Role of History ........................................................................................... 208 B. Assessment of Commonwealth .................................................................. 211 VI. EMOTIONAL SATISFACTION ........................................................................ 221 A. Introduction ............................................................................................... 221 B. Conclusion ................................................................................................. 231 VII. CONCLUSION ................................................................................................... 234 BIBILIOGRAPHY ...................................................................................................... 245 viii LIST OF TABLES Table Page 1. Autonomy Related Proposal ................................................................................... 239 ix INTRODUCTION Puerto Rico today is positioned in the minds of many U.S. mainland citizens and others as a tropical island, sunny beaches, baseball, boxing, and home to five Miss Universe, home of Ricky Martin, the ethnic background of U.S. Supreme Court Justice Sonia Sotomayor Baez and numerous other descriptions. Still others know that the island is somewhere in the Caribbean Sea, with a somewhat confused political relationship with the United States. In most American textbooks, it is a footnote, when the territories acquired by the United States as a result of the Spanish-American War are mentioned. Textbooks in American politics are normally limited to discussing the federal sphere of political action and that of the fifty states, excluding the territories and Puerto Rico. Even in the Universities, lectures in American politics exclude the island totally. So, it‟s no coincidence that even people with higher education do not have a clue about the political, social and economic relations of Puerto Rico with the United States. The island is more than a vacation site or a footnote in a book. It is also the home to approximately 4.0 million American citizens1 and the spiritual home for another 4.0 million Puerto Ricans residing in the continental United States.2 Moreover, it is a political unit of unusual status that raises difficult questions about the meaning of nation, citizenship, voting rights, constitutionalism, autonomy, independence and other important political concepts. Puerto Rico and its sui-generis relationship with the United States deserve a closer attention by American politics experts. 1 US Census 2006 estimate was 3, 855,608 2 US Census
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