The Puerto Rico Constitution

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