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The Puerto Rico Constitution (eBook)

Rafael Cox-Alomar

ISBN13: 9780190461287

Published: February 2023

Publisher: Oxford University Press USA

Country of Publication: USA

Format: eBook (ePub)

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9780190461263

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The only book of its kind in the English language, this is the first volume of the Oxford Commentaries on the State Constitutions of the United States to explore the constitution of a U.S. territory: Puerto Rico.

The first half of the volume unearths the island's constitutional history from the days of Spanish colonization in the 16th century, through to Congress' enactment in 2016 of the Puerto Rico Oversight, Management and Economic Stability Act (PROMESA). Professor Cox Alomar offers a careful analysis of the most recent decisions of the U.S. Supreme Court implicating Puerto Rico, Sánchez Valle (2016), Franklin Trust (2016), Aurelius (2020) and Vaello Madero (2022). The second half of this volume provides an in-depth analysis of each of the provisions incorporated by the Puerto Rican framers to the 1952 Constitution, still in full force today.

Commentary is provided on each of these constitutional provisions in light of the most recent decisions of the Puerto Rico Supreme Court. The volume examines the interaction between the Puerto Rico Supreme Court and the U.S. Supreme Court, as well as the complex relationship between Puerto Rico and the political branches in Washington. This book is a timely companion in one of the more complex, yet transformative periods in Puerto Rico's constitutional life.

Subjects:: Other Jurisdictions , eBooks, USA

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