Other Views

PUERTO RICO

Congress must move on Puerto Rico statehood

 

rullanfrank123@yahoo.com

The significance of the results of Puerto Rico’s Nov. 6, 2012 status plebiscite, how Congress should react to those results and what needs to be done to finally resolve the issue of the island’s ignominious political status is slowly but surely emerging as part of the agenda of the “unfinished business of American democracy.”

The reason for some of the intentionally-created confusion about Puerto Rico’s most recent plebiscite can be easily explained. There are forces on the island — along with a small cadre of mostly “hired gun” allies in Washington — that oppose any Puerto Rican status solution because they want to replace the island’s current territory status with a governing arrangement that U.S. officials have uniformly said is impossible.

To understand the issue, it is necessary to first recognize the possible alternatives for Puerto Rico’s future in addition to the status quo, which was indisputably rejected in the Nov. 6, 2012 plebiscite. The Clinton, Bush and Obama administrations, along with congressional committees, have said that there are only three possible alternatives to territory status. Other proposals are inconsistent with the U.S. Constitution and are unacceptable for structure of government and basic policy reasons.

The options are to become a state of the United States; an independent nation; or a nation in free association with another nation (becoming a sovereign country in a power-sharing arrangement that either nation can unilaterally end).

So if Puerto Rico’s alternatives are so clear, why is there always controversy about the options on the island’s status plebiscite ballots? The root of the problem is that the forces that do not want Puerto Ricans to choose among the real options contend that successive Democratic and Republican administrations and Democratic and Republican-controlled congressional committees have been ignoring a fourth option.

Under proposals put forth by these “fourth option” advocates, the U.S. would be permanently bound to Puerto Rico, but Puerto Rico could nullify federal laws and court jurisdiction and enter into arrangements with foreign countries — which requires national sovereignty. Most economic benefits of Puerto Rico’s current U.S. status would continue to apply with some new ones and Puerto Ricans would continue to be granted U.S. citizenship.

Let’s call this fourth option the “Fantasy Island” option.

In the 2012 plebiscite, the “Fantasy Island” or status quo advocates urged voters to not vote on the question of an alternative to the current status, claiming that their proposal should have been a fourth alternative. The problem with their 2012 strategy on the question of an alternative to the current status is that Puerto Rico law is crystal clear that non-votes do not count.

In a 2000 decision, the U.S. Supreme Court also made it clear that blank ballots do not count if the applicable voting statute is clear about the validity of blank ballots. Federal and territorial law indisputably mean that beginning the transition to U.S. statehood won among the alternatives to territory status by a supermajority vote of more than 61 percent.

It is now up to the U.S. Congress to answer two simple questions. Does the U.S. follow the rule of law? And, if so, will it grant Puerto Rico’s petition for measures to begin the transition to statehood?

Members of Congress should not allow themselves to be fooled by “Blank Ballot” arguments. And there are only three possible alternatives to territory status. There is no “Fantasy Island” option that combines incompatible elements of statehood, nationhood and territory status.

It’s time for Congress to adhere to the rule of law and the U.S. Constitution, and to stop being fooled by those who are trying to keep Puerto Rico from reaching its rendezvous with destiny. In sum, Congress should act upon the valid 61 percent majority vote for a transition to statehood. Congress should say “welcome home” to Puerto Rico.

Frank Rullán is a Florida and Puerto Rico attorney and former vice president of the Puerto Rico Bar Association of Florida

Read more Other Views stories from the Miami Herald

  •  

PUTNEY

    FLORIDA

    Michael Putney: Death penalty politics in Florida

    I recently met Florida death penalty exonerees 23 and 24. They are, respectively, Herman Lindsey of Pompano Beach and Seth Penalver of Fort Lauderdale. They’re not choir boys, but they’re not murderers, either. And they were on the list to be killed by the state.

  •  

MENENDEZ

    CENTRAL AMERICA

    Sen. Robert Menendez: How to deal with the growing security crisis in Central America

    During the last decade in countries like Brazil, Chile and other areas in Latin America, changing economic policies and innovative social inclusion programs are giving rise to economic growth built on exports and an increasingly prosperous middle class. But in Central America, a region of growing strategic importance to the United States, many countries face a bourgeoning security and law-enforcement crisis that demands greater attention from us all.

  • IN MY OPINION

    Glenn Garvin: Welcome to ‘unwelcome’ speech on campus

    I know it was hard to hear anything last week over the cacophony of the White House roof falling over Benghazi, the IRS and spying on reporters. But still, I was surprised there wasn’t more fuss about the Obama administration’s war on Shakespeare.

Miami Herald

Join the
Discussion

The Miami Herald is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere on the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

The Miami Herald uses Facebook's commenting system. You need to log in with a Facebook account in order to comment. If you have questions about commenting with your Facebook account, click here.

Have a news tip? You can send it anonymously. Click here to send us your tip - or - consider joining the Public Insight Network and become a source for The Miami Herald and el Nuevo Herald.

Hide Comments

This affects comments on all stories.

Cancel OK

  • Videos

  • Quick Job Search

Enter Keyword(s) Enter City Select a State Select a Category