[Congressional Record Volume 148, Number 95 (Monday, July 15, 2002)]
[House]
[Pages H4598-H4601]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CELEBRATING 50TH ANNIVERSARY OF CONSTITUTION OF COMMONWEALTH OF PUERTO
RICO
Mr. GILCHREST. Mr. Speaker, I move to suspend the rules and agree to
the concurrent resolution (H. Con. Res. 395) celebrating the 50th
anniversary of the constitution of the Commonwealth of Puerto Rico, as
amended.
The Clerk read as follows:
H. Con. Res. 395
Resolved by the House of Representatives (the Senate
concurring), That the Congress celebrates the 50th
anniversary of the Constitution of the Commonwealth of Puerto
Rico.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Maryland (Mr. Gilchrest) and the gentlewoman from the Virgin Islands
(Mrs. Christensen) each will control 20 minutes.
The Chair recognizes the gentleman from Maryland (Mr. Gilchrest).
Mr. GILCHREST. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. GILCHREST asked and was given permission to revise and extend
his remarks.)
Mr. GILCHREST. Mr. Speaker, I rise today in support of H. Con. Res.
395. The gentleman from Utah (Mr. Hansen), the gentleman from West
Virginia (Mr. Rahall), and Resident Commissioner Anibal Acevedo-Vila
worked together to compose this nonpartisan and status-neutral
resolution celebrating the 50th anniversary of the constitution of the
Commonwealth of Puerto Rico.
H. Con. Res. 395 celebrates the 50th anniversary of this important
historical event in our Nation's history by listing some highlights
Puerto Rico's local constitution went through in becoming adopted. The
resolution is noncontroversial, and I ask Members to join me in its
support.
Mr. Speaker, I reserve the balance of my time.
Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may
consume.
[[Page H4599]]
(Mrs. CHRISTENSEN asked and was given permission to revise and extend
her remarks.)
Mrs. CHRISTENSEN. Mr. Speaker, H. Con. Res. 395 is a resolution
authored by the gentleman from Puerto Rico (Mr. Acevedo-Vila) in close
collaboration and with the full support of both the chairman and
ranking member, the gentleman from Utah (Mr. Hansen) and the gentleman
from West Virginia (Mr. Rahall).
The gentleman from Puerto Rico (Mr. Acevedo-Vila) regrets that he is
not here for the House consideration of the resolution commemorating
the 50th anniversary of the constitution of the Commonwealth of Puerto
Rico, but a long-standing commitment in his district this morning made
it impossible for him to be here until later today. He has already
submitted a statement for the Record on his support of this historic
occasion.
I take this opportunity, also, Mr. Speaker to commend the resident
commissioner, the gentleman from Puerto Rico (Mr. Acevedo-Vila) for his
work on this resolution. H. Con. Res. 395 commemorates the 50th
anniversary of the constitution of the Commonwealth of Puerto Rico.
Mindful of the spirited debate over Puerto Rico's political status, the
resolution was crafted to be nonpartisan and status neutral.
The adoption of Puerto Rico's constitution began in 1950 with the
enactment of the U.S. law which permitted Puerto Rico to draft its own
constitution. A referendum held in March of 1952 ratified the work of a
constitution convention 6 months in the making. In July 1952, Congress
approved Puerto Rico's constitution, and it was thereafter signed by
President Harry S. Truman as Public Law 82-447.
The relationship between Puerto Rico and the United States predates
the adoption of their constitution. Their contribution to the diversity
of the U.S. along with their economic and social development begins in
1898 and continues today. The constitution is but yet a milestone for
Puerto Rico, and they look forward to greater political progress.
Mr. Speaker, Puerto Ricans living in my district, the U.S. Virgin
Islands, and particularly my home island of St. Croix, have contributed
significantly to the development of the Virgin Islands. They are now an
integral part of the fabric of every facet of life in our community.
I am sure that all of the residents of the U.S. Virgin Islands join
me in congratulating the esteemed Governor, Sila Calderon, and our
neighbors, friends and oft times family, the people of Puerto Rico, on
this 50th anniversary and wish them God's continued blessings not only
during this celebration but as they continue to realize their dreams
and aspirations for the future.
Mr. Speaker, I encourage Members to support this resolution. We look
forward to expeditious consideration in the other body.
Mr. Speaker, I yield such time as he might consume to the gentleman
from New York (Mr. Serrano).
(Mr. SERRANO asked and was given permission to revise and extend his
remarks.)
Mr. SERRANO. Mr. Speaker, I rise with utmost respect for my
colleagues and with some sadness in my heart because I rise in
opposition to this resolution. I do so because in our profession,
perception is a strong weapon. And the perception of this weapon or the
result will be that we are in fact celebrating the relationship between
Puerto Rico and the United States. While that relationship has had some
wonderful moments, it has never stopped, in my opinion, being a
colonial relationship, in fact.
I do not think the Congress should at this moment or at any other
moment celebrate and encourage continued colonial relationships. Now,
why do I believe that Puerto Rico is a colony of the United States?
Because while citizenship has been granted since 1917, the same rights
as other American citizens have not been granted to the American
citizens who live in Puerto Rico. I often startle some of my colleagues
by reminding them that if any of us were to move back to Puerto Rico
right now, we could not serve in Congress with a vote, we could not
vote for Members of Congress, we could not vote for the President, or
have full representation. Yet our citizenship supposedly would stay
intact. I find it very difficult to do what I am doing, but I think it
needs to be done so we can continue once and for all to discuss this
issue and bring it to the front of the political discussion in this
country.
A few years ago I joined with the gentleman from Indiana (Mr. Burton)
in the so-called Young bill, which I think was the first real attempt
for our country to tell the place where I was born what to do about its
political future. What the Young bill did was say here are your
options, take a vote, and 180 days from the time you take the vote, we
will respond. That bill passed the House, never passed the Senate. That
is sad because that bill in my opinion would have put this thing in
motion.
Mr. Speaker, it is clear today that Puerto Rico remains a U.S.
territory subject to the absolute powers of the U.S. Congress under the
territorial clause of the United States Constitution in spite of the
level of internal self-government given by the U.S. Congress.
When in 1952 the Jones Act was replaced by Public Law 447, which is
what we are celebrating today, which approved the constitution of
Puerto Rico, the law governing Puerto Rico changed. However, the
territorial relationship previously existing did not change at all. And
a territory, as we all know, is neither a State of the Union nor a
nation of the world. It is simply a colony. In fact, Puerto Rico holds
the dubious distinction of being the oldest colony in the world, having
been a colony of Spain for over 400 years until 1898 and now a colony
of the U.S. for over 100 years.
To celebrate any colonial status is to promote and prolong it. And I
cannot, and I refuse to do that, however benign this resolution may
seem.
This Congress should not be celebrating nor promoting the continued
colonialism of Puerto Rico, and it is time we did something about it.
The United Nations recognizes two options for decolonization: Puerto
Rico becomes the 51st State of the Union and joins the other States
with full powers and responsibilities; or Puerto Rico because a
sovereign nation unto itself and takes its place among other nations of
the world.
Under separation, there is also the option for free association where
Puerto Rico could negotiate with the United States, common currency,
postal service, military service; but all negotiated as equals, not as
it exists today.
Rather than celebrating and promoting this status, we should let the
4 million American citizens of Puerto Rico know that the only option
real to them is not the present option, but the option of statehood or
independence. Most importantly and most urgently, we must move forward
to put an end to this colonialism that shames both our Nation and
Puerto Rico and brings indignity to the over 4 million fellow citizens
living in Puerto Rico.
Mr. Speaker, I come to this discussion as a person who feels emotion
on both sides. I grew up in New York City since I was a little boy
coming from Puerto Rico. I was born in Puerto Rico. I grew up in a
State called New York. I know the dignity and strength and democracy of
being a State. I grew up in an independent Nation called the United
States. I know the dignity and strength of that. That is all I ask for
the place I was born in.
Let me say for those on the island who may not care for these
comments, I do not approach it as someone who was born there only. I
approach it as a Member of the United States Congress who, looking at
the Caribbean, says today, 2002, 104 years later, Puerto Rico should no
longer be a colony of the United States.
I respect my colleagues, and I know that their intent is to celebrate
the relationship. However, I have some problems, serious problems, with
the relationship. Statehood or independence, that is the way to go.
Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, the constitution that we are celebrating the 50th
anniversary of is really a milestone for Puerto Rico. As we have heard,
this is but a step on their road to progress and a future status yet to
be determined by the people of the Commonwealth of Puerto Rico. I
appreciate the remarks of the gentleman and his sentiment on this
issue.
[[Page H4600]]
Mr. Speaker, I yield back the balance of my time.
{time} 1600
Mr. GILCHREST. Mr. Speaker, I yield myself such time as I may
consume.
I do want to say that the gentleman from Puerto Rico (Mr. Acevedo-
Vila) asked us to propose this resolution for the 50th anniversary of
the constitution of Puerto Rico with the full intent of giving the
people of Puerto Rico a great deal of dignity. It is about that that we
are discussing this issue here this afternoon.
I urge my colleagues to vote ``aye'' on the resolution.
Mr. GILMAN. Mr. Speaker, while I do not have any objections to this
resolution, it does not paint the complete picture regarding the status
of Puerto Rico. H. Con. Res. 395, does not represent the views of the
majority of our fellow citizens in Puerto Rico.
It is important that my colleagues are aware that most of our fellow
citizens in Puerto Rico and many of our citizens of Puerto Rican
descent do not share the sentiments of this resolution. Many of our
constituents do not support continuation of Puerto Rico's current
political status.
The constitution enshrined Puerto Rico's status as a U.S. territory.
Its approval attempted to legitimize the status, but it was
controversial from the start. This subject to many is visceral, and
several years ago nationalists were so enraged by this often-divisive
issue that they fired shots in this very chamber. Their violence was
unjustified and reprehensible, and world events clearly show that
resorting to violence to have your voice heard does not advance one's
cause. Advocates of the constitution were disappointed with the final
result of an effort that was intended to enable Puerto Ricans to choose
a permanent, non-territorial status as well as draft a local
constitution. It only accomplished the latter goal. In fact, the
counsel to the governor at the time who had a significant role in
drafting not only the laws that authorized and approved the
constitution but the constitution itself, recently wrote that even the
constitution was ``mauled'' in Congress. The counsel called the vents
of fifty years ago that we rise to celebrate today ``a tawdry record.''
In fact, approving the equivalent of a state constitution for a
territory was a democratic innovation in territorial governance at the
time, even though Puerto Ricans were already electing their own
governor as well as legislature.
The current governing arrangement is a sad anachronism in this era.
It no longer has the support of our fellow citizens in Puerto Rico. A
12-year governor from the party that is generally associated with the
current status wrote a few years ago ``all factions do agree on the
need to end the present undemocratic arrangement, whereby Puerto Rico
is subject to the laws of Congress but cannot vote in it.''
In the most recent referendum on the islands' status options, in
December 1998, the current status received .06% of the vote. The party
that has been associated with the current status abandoned that losing
proposition--and never really wanted it.
Even the most ardent defenders of the status quo, like the current
Governor, recognize that the current arrangement has had its day,
although in careful words. The Governor recently said that ``fifty
years ago'' the arrangement ``fared quite well when compared with the
prevailing colonial arrangements then existing in the Caribbean. Half a
century later there are areas where that is no longer the case.''
Mr. Speaker, with all due respect to the distinguished gentleman from
the territory and the Governor who were elected with a plurality; they
are not in a position to speak for the people of Puerto Rico on the
issue. While a plurality is adequate for conducting day-to-day
government functions, it is not enough to act on behalf of the islands
on questions that can change the complete status of the territory. For
issues of paramount importance a majority is required.
Puerto Rico has a tradition of handling all such questions on a tri-
partisan basis. This resolution was not the subject of consultations
with the two minority parties, which together represent a clear
majority of the vote and the majority of citizens' views on status
matters. It is important to note that spokesmen for the two parties
have criticized the resolution because of the status that it
symbolizes.
Mr. Speaker, while I do not object to H. Con. Res. 395, we should
recognize that a majority of Puerto Ricans would not be pleased by our
passage of this Resolution.
Mr. ACEVEDO-VILA. Mr. Speaker, I want to thank Chairman Hansen and
Ranking Member Rahall and the leadership of both parties for their
support of this Concurrent Resolution celebrating the 50th anniversary
of the Constitution of the Commonwealth of Puerto Rico.
In order to fully appreciate the historical significance of the
Constitution of the Commonwealth proclaimed in 1952, I will share with
my colleagues some of the pertinent historical facts.
In 1917 Congress approved the Jones Act, conferring the US
citizenship to all Puerto Ricans. While citizenship has always been and
remains cherished by Puerto Ricans, the Jones Act did not provide
increased local rule or a democratic process through which the people
of Puerto Rico could exercise their right to self-determination.
While the Jones Act included a bill of rights, the central principle
of a democratic system--consent by the governed--was non-existent in
Puerto Rico. Puerto Rico was therefore treated at this time like a
colony. For decades, the Puerto Rican people struggled to achieve self-
determination, and democratic rule. After World War II, the colonial
regime founded under the Jones Act became difficult to sustain in
Puerto Rico and in Washington. In 1947 Congress responded to Puerto
Rico's claim for democracy, by enacting the Elective Governor Act. This
statute provided for the election, every 4 years, of the governor of
Puerto Rico by the people of Puerto Rico.
There years later, with Public Law 600 of 1950, Congress began a
process through which the people of Puerto Rico would exercise their
right to self-determination by drafting their own constitution. It is
important to note that Congress did not impose this Act upon the people
of Puerto Rico, but rather it made an offer to Puerto Ricans that could
be accepted or rejected. Section 2 of the Act provides: ``This Act
shall be submitted to the qualified voters of Puerto Rico for
acceptance or rejection through an island-wide referendum to be held in
accordance with the laws of Puerto Rico. Upon the approval of this Act
by a majority of the voters participating in such referendum, the
Legislature of Puerto Rico is authorized to call a constitutional
convention to draft a constitution for the said island of Puerto
Rico.''
Puerto Rico accepted the offer and a constitutional convention
drafted the new constitution and in March 1952, the people of Puerto
Rico ratified it. Months later, the President signed Public Law 447,
approving the Constitution of the Commonwealth. In that Joint
Resolution, Congress expressed that Public Law 600 had been approved
``as a compact with the people of Puerto Rico.'' Finally, in July 25,
1952, Governor Luis Munoz Marin proclaimed the Constitution of the
Commonwealth.
This Constitution established a republican form of government,
provided for a broad Bill of Rights that followed not only the US
Constitution but also the Universal Declaration of the Rights of Man.
This Constitution also provided for the election of all members of the
legislature by the people.
As expected, democratic rule, paved the way for cultural growth and
economic development. After 1952, under the Commonwealth status, Puerto
Rican culture flourished, and a stronger sense of identity grew. Our
symbols were brought back to our public landscape, our flag, our
anthem, etc. The Commonwealth allowed Puerto Ricans to fully and freely
express their identity and their pride. Moreover, under Commonwealth,
our economic foundations have grown stronger and the relationship has
been very beneficial for both Puerto Rico and the United States. Today
Puerto Rico consumes more U.S. goods per capita than any jurisdiction
in the world and represents the 9th largest market for U.S. goods in
the world. In 1999, Puerto Rico purchased $16 billion worth of US
products, which translates into over 320,000 jobs in the mainland U.S.
Today I want my colleagues to recognize that Puerto Rico purchases more
from the U.S. than much larger countries such as China, Italy, Russia
and Brazil.
Clearly the Commonwealth Constitution has served well the people of
Puerto Rico and the status of Commonwealth has benefited the United
States.
While the Commonwealth alternative has won every referendum held on
the Island since 1952, the issue of Puerto Rico's status is not
settled. It is actually a highly divisive issue. As the representative
of Puerto Rico in Congress I will continue working to make sure that
the will of the people of Puerto Rico is heard and respected in
Washington, and to make sure that any petition to improve the
Commonwealth be properly addressed.
Notwithstanding the current debate of status in Puerto Rico, there is
no doubt that the Constitution of the Commonwealth of Puerto Rico
represents the greatest democratic achievement of the Puerto Rican
people, in the 20th century. It is this historical achievement that we
celebrate on July 25th.
The Commonwealth is the result of the pragmatic genius and the
progressive spirit of a great generation of leaders in Puerto Rico and
in the United States. I quote President Harry Truman on April 22, 1952,
regarding the approval by Congress of the Puerto Rican Constitution:
``The Commonwealth of Puerto Rico will be a government which is truly
by
[[Page H4601]]
consent of the governed. No government can be invested with higher
dignity and greater worth than one based upon the principle of consent.
The people of the United States and the people of Puerto Rico are
entering into a new relationship that will serve as an inspiration to
all who love freedom and hate tyranny. We are giving new substance to
man's hope for a world with liberty and equality under law. Those who
truly love freedom know that the right relationship between a
government and its people is based on mutual consent and esteem. The
Constitution of the Commonwealth of Puerto Rico is a proud document
that embodies the best of our democratic heritage. I recommend its
early approval by the Congress.''
Some fifty year have passed since Congress ratified the Constitution
of Puerto Rico. I am very proud to represent my people and to recognize
and celebrate this historic event through this resolution today. It is
an honor to work with my colleagues in Congress and to celebrate with
all Americans the Commonwealth Constitution and our ongoing commitment
to democracy, liberty, progress and self-determination.
I thank my colleagues for their support of this Resolution.
Mr. RAHALL. Mr. Speaker, as the ranking Democrat on the Resources
Committee I want to begin by thanking Jim Hansen for his work in
getting this important resolution celebrating the 50th Anniversary of
the Constitution of the Commonwealth of Puerto Rico before the House of
Representatives.
While it is true that Chairman Hansen and I often have a difference
of opinion when it comes to issues involving Puerto Rico, on the matter
before us today we stand united.
I also want to commend the gentleman from Puerto Rico, Mr. Acevedo-
Vila, for his diligence in bringing this measure to our attention, and
working to have it considered by the House of Representatives in a
timely fashion.
During my tenure in Congress, I've come to appreciate the passionate
deliberations over Puerto Rico's future political status. Anyone who is
familiar with this history will recognize how studious one must be in
crafting legislation, or otherwise, that makes mention of Puerto Rico's
political status. In this regard, I offer my deep appreciation to Mr.
Acevedo-Vila for working collaboratively with both Chairman Hansen and
myself to compose a nonpartisan and status-neutral resolution
recognizing this milestone for Puerto Rico.
It is times such as this occasion that we are given good cause to
step back and appreciate all that the relationship between Puerto Rico
and the United States has meant to each other over the years. The U.S.
has benefitted from Puerto Rican achievements in business, the arts,
government, and athletics. More importantly, the U.S. has been enriched
by Puerto Rican history, culture, and language. I would also emphasize
the in time of war the people of Puerto Rico have also shed their blood
in defense of the United States of America.
For her part, Puerto Rico has capitalized on the access to economic
opportunities provided to her from the U.S. relationship. The result of
this, being a prosperous economy and society.
The relationship will be perfected. The determination of the people
of Puerto Rico will make it so. I have a special fondness for the
people of Puerto Rico. I have found them to be a hard working and
diligent people with deep passions. Today, I congratulate the people of
Puerto Rico on this anniversary and encourage my colleagues to support
this measure.
Mr. GILCHREST. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Culberson). The question is on the
motion offered by the gentleman from Maryland (Mr. Gilchrest) that the
House suspend the rules and agree to the concurrent resolution, H. Con.
Res. 395, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. SERRANO. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________