The Puerto Rico Constitution

Rafael Cox Alomar has a B.A. from Cornell University, a D.Phil. from Oxford University (Marshall Scholar) and a J.D. from Harvard Law School. He consults at the crossroads of international dispute resolution, energy, finance transactions, and federal regulatory matters. Admitted to the bar in Washington D.C., New York, and Puerto Rico, Rafael has practiced law since 2004 in some of the most prestigious international law firms in Washington, acting on behalf of clients on a wide array of dispute resolution and transactional matters. He is a law professor at the University of the District of Columbia's David A. Clarke School of Law, and has been a Visiting Professor at Harvard Law School.

CONTENTS
Series Foreword by Lawrence Friedman
Prefatory Note
Foreword by Chief Justice Federico Hernández Denton
Acknowledgments

PART ONE The Constitutional History of Puerto Rico

The Council of Indies 1493-1812
The Cádiz Constitution of 1812
Constitutional Developments 1814-1834
The Royal Statute of 1834
The Spanish Constitution of 1837
The Spanish Constitution of 1845
The Spanish Constitution of 1869
The Spanish Constitution of 1876
Constitutional Developments 1877-1897
The Autonomic Charter of 1897
The 1898 Spanish American War and the Treaty of Paris
U.S. Military Rule 1898-1900
The 1900 Foraker Act
The U.S. Supreme Court and the Insular Cases 1901
The 1917 Jones Act
The 1947 Elective Governor Act
Public Law 600, the Constitutional Convention and the 1952 Constitution
Politico-Constitutional Developments post-1952
Sánchez Valle and Franklin Trust
PROMESA and Aurelius
Epilogue: Between Scylla and Charybdis

PART TWO The Constitution of Puerto Rico and Commentary

Preamble

Article I: The Commonwealth

Section 1. The Commonwealth of Puerto Rico
Section 2. Form of Government
Section 3. Geographic Area
Section 4. Seat of Government

Article II: The Bill of Rights

Section 1. Human Dignity and Equality; Discrimination Prohibited
Section 2. Suffrage; Electoral Franchise
Section 3. Freedom of Religion; Complete Separation of Church and State
Section 4. Freedom of Speech and Press; Peaceful Assembly; Petition for a Redress of Grievances
Section 5. Public Education
Section 6. Freedom of Association
Section 7. Right to Life, Liberty, and Enjoyment of Property; No Death Penalty; Due Process; Equal Protection of Laws; Impairment of Contracts; Exemption of Property from Attachment
Section 8. Protection against Attacks on Honor, Reputation, and Private Life
Section 9. Just Compensation for Private Property
Section 10. Searches and Seizures; Wiretapping; Warrants
Section 11. Criminal Prosecutions; Jury Trial; Self Incrimination; Double Jeopardy; Bail; Imprisonment
Section 12. Slavery; Involuntary Servitude; Cruel and Unusual Punishments; Suspension of Civil Rights for Prisoners; Ex Post Facto Laws; Bills of Attainder
Section 13. Habeas Corpus; Military Authority Subordinate
Section 14. Titles of Nobility; Gifts from Foreign Countries
Section 15. Employment and Imprisonment of Children
Section 16. Rights of Employees
Section 17. Right to Organize and Bargain Collectively
Section 18. Right to Strike, Picket, and Other Legal Concerted Activities
Section 19. Liberal Construction of Rights of People and Powers of Legislative Assembly

Article III: The Legislature

Section 1. Legislative Assembly
Section 2. Number of Members
Section 3. Senatorial and Representative Districts; Senators and Representatives at Large
Section 4. Board to Revise Senatorial and Representative Districts
Section 5. Qualifications of Members of Legislative Assembly
Section 6. Residence in District
Section 7. Representation of Minority Parties; Additional Members
Section 8. Terms of Office; Vacancies
Section 9. Powers of Each House
Section 10. Regular and Special Sessions
Section 11. Open Sessions
Section 12. Quorum
Section 13. Place of Meeting; Adjournment
Section 14. Privileges and Immunities of Members
Section 15. Membership Incompatible with Other Offices
Section 16. Power to Change Executive Departments
Section 17. Legislative Proceedings
Section 18. Joint Resolutions
Section 19. Passage of Bills; Approval by Governor
Section 20. Line-item Veto
Section 21. Impeachment Proceedings
Section 22. Comptroller

Article IV: The Executive

Section 1. Governor
Section 2. Terms of Office; Residence and Office
Section 3. Qualifications of Governor
Section 4. Powers and Duties of Governor
Section 5. Appointment of Secretaries; Council of Secretaries
Section 6. Executive Departments
Section 7. Succession to Office of Governor - Permanent Vacancy
Section 8. Temporary Vacancy
Section 9. Election by Legislative Assembly in Advance of Qualified Successor
Section 10. Removal of Governor


Article V: The Judiciary

Section 1. Judicial Power; Supreme Court; Other Courts
Section 2. Unified Judicial System; Creation, Venue, and Organization of Courts
Section 3. Supreme Court as Court of Last Resort; Composition
Section 4. Sessions and Decisions of Supreme Court; Judicial Review
Section 5. Original Jurisdiction of Supreme Court
Section 6. Rules of Evidence and of Civil and Criminal Procedure
Section 7. Rules of Administration; Chief Justice to Direct Administration and Appoint Administrative Director
Section 8. Appointment of Judges, Officers, and Employees
Section 9. Qualifications of Justices of Supreme Court
Section 10. Retirement of Judges
Section 11. Removal of Judges
Section 12. Political Activity by Judges
Section 13. Tenure of Judge of Changed or Abolished Court


Article VI: General Provisions

Section 1. Municipalities
Section 2. Power of Taxation; Power to Contract Debts
Section 3. Rule of Taxation to be Uniformed
Section 4. Elections
Section 5. Promulgation of Laws; Effective Date
Section 6. Failure to Make Appropriations
Section 7. Appropriations not to Exceed Revenues
Section 8. Priority of Disbursements if Revenues Insufficient
Section 9. Use of Public Property and Funds
Section 10. Extra Compensation for Services; Extension of Term or Decrease of Salary of Public Officer; Salary for More than One Office
Section 11. Salaries of Officials; Increase or Decrease
Section 12. Residence of Governor
Section 13. Franchises, Rights, Privileges, and Concessions
Section 14. Land Holding by Corporations
Section 15. Flag, Seal, and Anthem
Section 16. Oath of Public Officials and Employees
Section 17. Removal of Seat of Government in Emergency
Section 18. Criminal Actions Conducted in Name of People of Puerto Rico
Section 19. Natural Resources; Historic or Artistic Sites; Penal Institutions; Delinquents


Article VII: Amendments to the Constitution

Section 1. Proposal of Amendments
Section 2. Revision of Constitution by Constitutional Convention
Section 3. Limitation of Amendments


Article VIII: Senatorial and Representative Districts

Section 1. Boundaries of Senatorial and Representative Districts
Section 2. Electoral Zones in San Juan


Article IX: Transitory Provisions

Section 1. Laws, Rights, and Liabilities
Section 2. Existing Officers Continued in Office
Section 3. Existing Judges Continued in Office
Section 4. Commonwealth of Puerto Rico as Successor of People of Puerto Rico
Section 5. Citizen of the Commonwealth of Puerto Rico to Replace Term Citizen of Puerto Rico
Section 6. Political Parties
Section 7. Laws Supplementing Transitory Provisions
Section 8. Division of Department of Agriculture and Commerce
Section 9. First and Second General Elections
Section 10. Effective Date of Constitution


Table 1 Puerto Rico's Political Parties circa 1951-1952
Table 2 Election of the Constitutional Convention August 27, 1951
Table 3 Constitutional Convention Delegates per Political Party
Table 4 Delegates to the 1951-1952 Constitutional Convention Mentioned in Commentary
Table 5 Puerto Rico Supreme Court Justices Mentioned in Commentary
Table 6 Insular Cases Involving Puerto Rico
Bibliographical Essay
List of Cases
List of U.S. Treaties and Statutes
Index
About the Author