Citizenship of the United States but with no real Congressional Representation

By ignoring the highly complex historical background, it could be said that the people of Puerto Rico gained a significant recognition in 1917. Thus, it is fair to say that the islanders were merely stateless vassals for almost nineteen years before a significant political step was taken on their behalf. And, with the Jones-Shafroth Act, signed by President Woodrow Wilson on March 2, 1917, they gained instant nationhood and citizenship; and the people of Puerto Rico “shall be deemed and held to be citizens of the United States...all native born Puerto Ricans on or after April 11, 1899, are declared American citizens.” And, U.S. Code: Title 8: Section 1402, declares: “All persons born in Puerto Rico on or after January 13, 1941, and subject to the jurisdiction of the United States, are citizens of the United States at birth. All persons born in Puerto Rico on or after April 11, 1899, and prior to January 13, 1941, subject to the jurisdiction of the United States, residing on January 13, 1941 in Puerto Rico or other territory over which the United States exercises rights of sovereignty and not citizens of the United States under any other Act, are declared to be citizens of the United States as of January 13, 1941.” Obviously, Section 1402 only extends citizenship to individuals other than native born Puerto Ricans but it does provide that even a son of a foreigner born in Puerto Rico is a citizen “of the United Sates at birth.” Thus, any Puerto Rico born person, notwithstanding his parents’ nationality, becomes a citizen of the United States at birth and of the State where he resides. With this particular in mind, there is no doubt that Section 1402 quite clearly stresses the applicability of Section 1, 14th Amendment to Puerto Rico, which is openly treated as a State for immigration purposes. When the Courts intervene, the people of Puerto Rico have to endure a maze of stupefying judicial interpretations. In an early decision, the Supreme Court in 1922 (Balzac v. People of Puerto Rico, 258 U.S. 298), stated that only “fundamental rights” under the federal constitution apply of their own force in an unincorporated territory. Otherwise, the U.S. Constitution and federal laws apply to the extent Congress determines in its discretion under the territorial clause (Reid v. Covert, 354 U.S. 1, 1957). Furthermore, the U.S. Supreme Court decisions establish that the unincorporated commonwealth relationship is temporary by nature, and disenfranchisement and less-than-equal discriminatory treatment of citizens of the territory is deemed constitutionally permissible (Harris v. Rosario, 446 U.S. 651, 1980).