U.S. Commonwealths: The Political Status of Puerto Rico and the CNMI
The United States maintains unique political relationships with several insular areas, most notably those designated as commonwealths. While the term "commonwealth" suggests a degree of self-governance, the legal realities and administrative frameworks vary significantly between different territories. Two primary examples are the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands (CNMI).
Commonwealth of the Northern Mariana Islands (CNMI)
The political union between the United States and the CNMI was established through a mutually negotiated agreement known as the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States. Approved by Congress in 1976 and signed in 1975 (codified as 48 U.S.C. § 1801), this document defined the territory's relationship with the federal government.
One of the most significant shifts in the CNMI's administration involved its immigration laws. For decades, the CNMI operated under its own separate immigration system established by the Covenant. However, the U.S. Congress passed the Consolidated Natural Resources Act of 2008 (CNRA) on May 8, 2008, which unilaterally amended the Covenant. This legislative change transitioned the CNMI to the Immigration and Nationality Act (INA)—the standard federal immigration law of the United States—effective November 28, 2009.
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Commonwealth of Puerto Rico
Puerto Rico's relationship with the United States is complex and characterized by ongoing political debate. The U.S. acquired the islands in 1898 following the Spanish-American War. Initially organized by the Foraker Act of 1900 and later amended by the Jones-Shafroth Act of 1917, the territory eventually moved toward internal self-governance.
In 1950, Congress passed P.L. 81-600, authorizing a constitutional convention. In 1952, the people of Puerto Rico ratified a constitution, establishing a republican form of government and adopting the formal English name "Commonwealth of Puerto Rico" (Spanish: Estado Libre Asociado de Puerto Rico).
The Debate Over Political Status
The central point of contention regarding Puerto Rico is whether it should remain a U.S. territory, become a U.S. state, or achieve full independence. Under the Territorial Clause of the U.S. Constitution, the U.S. Congress holds the ultimate power to decide the island's political status.
Over the years, several referendums have been held to gauge public opinion:
- 1967, 1993, and 1998: The commonwealth status option won in multiple plebiscites.
- 2012: 54% of voters opposed the current territorial status. Among non-territorial options, statehood received 61.16%, Sovereign Free Associate State received 33.34%, and independence received 5.49%.
- 2017: 97.18% voted for statehood, though this result followed a boycott by the Popular Democrats, resulting in a low turnout of 22.93%.
- 2020: In a two-option ballot, 52.52% favored immediate admission to the Union, while 47.48% voted against it, with a 54.72% turnout.
It is important to note that Puerto Rico is a U.S. territory and not a Compact of Free Association (a status held by Palau, the Marshall Islands, and the Federated States of Micronesia), meaning it does not possess the full right to conduct its own foreign relations as a sovereign state.
Citizenship, Taxation, and Sovereignty
Puerto Ricans are U.S. citizens. They elect a Resident Commissioner to represent them in the U.S. House of Representatives; this official has the right to speak but cannot vote on the House floor. Additionally, Puerto Rico has no representation in the Electoral College for presidential elections.
Regarding finances, most residents do not pay federal income taxes, unless they are federal employees (such as those in the FBI, USPS, or military) or earn income from outside U.S. territories. However, they are required to pay other federal taxes, including Social Security and Medicare.
Despite its territorial status, Puerto Rico maintains sports sovereignty, fielding its own national teams in the Olympics and other international events. It also holds memberships in international bodies like the Organization of Ibero-American States (full member), and the Economic Commission for Latin America and the Ibero-American Summit (associate members).
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Representation in Congress
U.S. insular areas lack direct representation in the federal legislature. According to Article I, Section 3 of the Constitution, Senate seats are reserved for U.S. states, leaving insular areas without senators. Similarly, Article I, Section 2 apportions House seats by state population.
To provide a limited voice, insular areas are granted a delegate in the House of Representatives. While delegates can vote within committees, they are prohibited from voting on the House floor during final legislation.
Key Facts
- CNMI Immigration: Transitioned from a local system to the U.S. Immigration and Nationality Act (INA) on November 28, 2009.
- Puerto Rico's Status: A U.S. territory since 1898; its final political status is determined solely by the U.S. Congress.
- Voting Rights: Puerto Ricans have U.S. citizenship but cannot vote in the U.S. Presidential Electoral College.
- Congressional Voice: Insular areas have delegates or resident commissioners in the House who can vote in committees but not on the House floor.
- Taxation: Most Puerto Rican residents are exempt from federal income tax but pay Social Security and Medicare taxes.
| Feature | Commonwealth of Puerto Rico | Commonwealth of the Northern Mariana Islands | General Insular Areas |
|---|---|---|---|
| U.S. Citizenship | Yes | Yes | Varies |
| House Representation | Resident Commissioner (Non-voting) | Delegate (Non-voting) | Delegate (Non-voting) |
| Senate Representation | None | None | None |
| Federal Income Tax | Generally exempt | Applicable | Varies |
| Immigration Law | U.S. Federal Law | U.S. Federal Law (since 2009) | U.S. Federal Law |
Frequently Asked Questions
Does the Commonwealth of Puerto Rico have the same status as a U.S. state?
No. Puerto Rico is a U.S. territory. While it has its own constitution and internal self-governance, it lacks voting representation in the U.S. Senate and the Electoral College.
Why did the immigration laws change in the Northern Mariana Islands?
The U.S. Congress passed the Consolidated Natural Resources Act of 2008, which unilaterally amended the original Covenant to make the federal Immigration and Nationality Act (INA) the applicable law for the CNMI.
Can Puerto Ricans vote for the U.S. President?
No, because Puerto Rico has no representation in the Electoral College, residents cannot vote in the general election for the U.S. president and vice president.
What is the role of a Resident Commissioner or Delegate in Congress?
They provide a voice for the insular areas in the U.S. House of Representatives. They are permitted to participate in committee votes but are not allowed to vote on the House floor.
Is Puerto Rico a sovereign state?
No. Unlike the Federated States of Micronesia or Palau, which have Compacts of Free Association, Puerto Rico is a territory of the United States and does not have full rights to conduct its own foreign relations.