I don't know how many of you are aware of the legal questions surrounding Puerto Rico, but let me give you a brief outline.

In November, 1953 Puerto Rico was removed from the UN list of non-self-governing territories by a vote of 20 yes-16 no-18 adstain.

Despite the US Congress passing legislation designating that they do not have the exclusive right to govern Puerto Rico, the US Supreme Court and two Presidential Task Force Reports have held that congress may pass legislation concerning Puerto Rico on any issue without the consent of Puerto Rico's legislature.

The problem exists that the US Consitution provides only the following ways to dispose of a territory:

1. Independence (example - the Philippines)

2. Statehood (example - 36 of 37 states following independence from Britain).

Any solution to the problem short of deciding between statehood and independence would require an amendment to the US Constitution. I propose two possible amendments



My Proposed Solution #1:
Preamble: Whereas it is the inherent right of all peoples to self-determination, but also the inherent right of nations to security, the following provisions for the transference of sovereignty in whole or in part to a territory already under the sovereignty of the United States are enacted.

Section 1: The Congress of the United States shall by simple majority vote of both houses of congress (and through reconciliation of the bills if necessary) propose the terms of sovereignty transference. The proposal shall be submitted to the states for approval or disapproval.

Section 2: The legislatures of the several states shall vote on approving the sovereignty transference. Upon the consent of 2/3rds of the states, the issue shall be submitted to the territory or territories in question.

Section 3: At this point the territory or territories in question shall be marginally independent of the United States. Marginal independence shall grant them the authority to seek outside advice and aid concerning a vote to approve or disapprove the terms of sovereignty transference.

Section 4: Whatever manner decided upon shall be uncorrupt and democratic; the president and/or his/her designated officer shall have the authority to challenge the sovereignty vote of the territory or territories in question. Jurisdiction for such a challenge shall reside solely with the United States Supreme Court. The Supreme Court shall have the authority to consider any precedent that remains democratic and undiscriminatory in their decision, including judgements of foreign courts in similar cases or judgements of international organizations on the case before the Supreme Court.

Section 5: Corrupted votes are invalid and shall be deemed not to have occurred at all. Both the territory or territories in question and the President of the United States or his designee shall have the authority to challenge a vote on the grounds of corruption and to seek restitution for money spent on the vote. The US supreme court shall have sole jurisdiction over such challenges. The burden of proof for declaring a vote invalid shall be civil. The burden of proof for restitution in corrupted votes shall be criminal.



My Proposed Solution #2:
Preamble: Whereas it is the inherent right of all peoples to self-determination, but also the inherent right of nations to security, the following provisions for the transference of sovereignty in whole or in part to a territory already under the sovereignty of the United States are enacted.

Section 1: The Congress of the United States shall by 2/3rds majority vote of both houses of congress (and through reconciliation of the bills if necessary) propose the terms of sovereignty transference. The proposal shall be submitted to the President of the United States to sign or veto. If vetoed, proceed to Section 2. If signed, proceed to Section 3.

Section 2: A presidential veto of a sovereignty transference proposal may be overturned by 3/4ths of the states' governors. Governors shall have three weeks to declare in support of the sovereignty transference proposal. If 3/4ths of governors have not so declared within three weeks then the veto shall stand unchallengeable. If the veto is overturned, proceed to Section 3.

Section 3: At this point the territory or territories in question shall be marginally independent of the United States. Marginal independence shall grant them the authority to seek outside advice and aid concerning a vote to approve or disapprove the terms of sovereignty transference.

Section 4: Whatever manner decided upon shall be uncorrupt and democratic; the President of the United States and/or his/her designee shall have the authority to challenge the sovereignty vote of the territory or territories in question. Jurisdiction for such a challenge shall reside solely with the United States Supreme Court. The Supreme Court shall have the authority to consider any precedent that remains democratic and undiscriminatory in their decision, including judgements of foreign courts in similar cases or judgements of international organizations on the case before the Supreme Court.

Section 5: Corrupted votes are invalid and shall be deemed not to have occurred at all. Both the territory or territories in question and the President of the United States or his designee shall have the authority to challenge a vote on the grounds of corruption and to seek restitution for money spent on the vote. The US supreme court shall have sole jurisdiction over such challenges. The burden of proof for declaring a vote invalid shall be civil. The burden of proof for restitution in corrupted votes shall be criminal.