It was ratified by the electorate of the archipelago and island in a referendum on March 3, 1952 and proclaimed into effect by Governor Luis Muñoz Marín on July 25, 1952, celebrated as Constitution Day.
Puerto Rico is subject to the territorial sovereignty and federal government of the United States, which is responsible for the monetary policy, foreign relations, defense, among enumerated powers.
The local government of Puerto Rico is responsible for education, law enforcement, elections, among other reserved powers.
On July 10, 1952, the Constitutional Convention of Puerto Rico reconvened and approved a resolution accepting those conditions, which were later ratified in a referendum held in November 1952, by the electorate.
In a speech on July 25, 2013, Governor Alejandro García Padilla, despite the conditions established by Congress, proclaimed that, henceforth, Sec.
[4] A continuing debate has dealt with the legal status of Puerto Rico under the Federal Government of the United States.
In 1976, the U.S. Supreme Court clarified that the purpose of Congress in the 1950 and 1952 legislation was to accord to Puerto Rico the degree of autonomy and independence normally associated with a State of the Union.
[6] The debate was fueled when the Supreme Court decided that the Double Jeopardy Clause bars Puerto Rico and the United States from successively prosecuting a single person for the same conduct under equivalent criminal laws.
[7] The argument made by the U.S. Supreme Court was interpreted by many as an affirmation of a severely diminished capacity of the constitutional stature that the Puerto Rican government had.
[8][verification needed] Still, the outcome fueled a debate regarding the current nature of the political relationship established between Puerto Rico and United States of America.
[10] Governor Pedro Pierluisi has favored term limits for legislators but has expressed opposition to proposals for the creation of a recall referendum.
The constitution was then overwhelmingly approved a month later by the people of Puerto Rico in a referendum held on March 3, 1952.
L. 81–600 which provided for the people of Puerto Rico to adopt a constitution of their own which had to include a bill of rights.
The Bill of Rights also establishes explicitly that there shall be complete separation of church and state, and that Puerto Rico must have a system of free and secular public education.
It is divided into nineteen sections, each one listing one or several rights which are deemed fundamental under Puerto Rican constitutional law.
[14] These two sentences have traditionally been interpreted by scholars as granting an unlimited number of rights, since anything that violates the dignity of a human being will be deemed unconstitutional.
Finally, the sections guarantees that a minimum amount of the property owned by individuals will be exempt from government possession.
Section Eight declares that every person has the right to be protected by law against attacks on their honor, reputation and private or family life.
It also establishes that in all trials of felony the accused shall enjoy of a jury of twelve peers who render a verdict by majority vote in which no less than nine shall concur.
Section Thirteen guarantees the writ of habeas corpus, which can only be suspended by the Legislative Assembly in time of "rebellion, insurrection or invasion."
Section Seventeen creates the fundamental right of employees, private and public, to organize themselves into associations and to negotiate with their employers.
[15] It also established the composition of each house, and that Puerto Rico must be divided into senatorial and representative districts for the purpose of elections.
[16][15] The article also established a board that must revise the districts after each decennial census so that they remain practicable, and divided upon the basis of population and means of communication.
[20] The article also established that the sessions of each house must be open, what constitutes quorum, and where should they meet, namely in the Capitol of Puerto Rico.
[24] Article Four also established the parliamentary procedure to enact bills, namely that they must be printed, read, referred to a commission and returned therefrom with a written report, approved by the majority of which each house is composed, and signed by the governor in order to become law.
Every proposed amendment shall specify the terms under which it shall take effect, and it shall become a part of this Constitution if it is ratified by a majority of the electors voting thereon.
The section 3 indicates that no amendment to this Constitution shall alter the republican form of government established by it or abolish its bill of rights.