No existe la doble ciudadanía en Puerto Rico

[EL_BORICUA]

DOES ANYONE KNOW THE DATE THE US SUPREME
COURT DECIDED THERE WAS NO PUERTO RICAN
CITIZENSHIP OR WHAT CASE NAME IT IS UNDER
OR EVEN IF THERE IS SUCH A CASE I CANNOT
FIND IT,PLEASE HELP.

[Boricua-in-US]

El Boricua,

FYI !!

The granting of American citizenship for people born in Puerto Rico was in no way part of the process of the establishment of the Commonwealth status or part of the Constitution of Puerto Rico. American citizenship was granted by completely different statutes and was not part or was not a subject considered for approval or consent in the process described in Section 1 of P.L. S1-600 (48 U.S.C. S73 1b) as being in the "in the nature of a compact."The reference made of U.S citizenship in the preamble of the Puerto Rico Constitution does not change the nature of the citizenship of Puerto Rican. The approval of the Constitution of Puerto Rico in 1952 did not change in any way the nature of U.S. citizenship of Puerto Ricans granted through law via the Territorial Clause into the type of citizenship enjoyed by the rest of U.S. citizens who by being born in a state of the union enjoy full constitutional citizenship.

Congress may continue the current policy under 8 U.S.C. 1402 and treat persons born in Puerto Rico as a separate category of citizens subject to such separate rules and regulations as Congress may determine from time to time to be reasonable. It is understood that under any policy adopted by Congress, the American citizenship that has previously been granted to individuals already born in Puerto Rico cannot be regulated or terminated in violation of due process of law, and equal protection of other fundamental rights. See among other cases; Schneider v. Rusk, 377 U.S. 163 (1964), Afroyim v. Rusk 18 L. ed 2dd. 757 (1967), Kenndy v. Mendoza,372 U.S. 144(1963) Rusk v. Cort 372 U.S. 144 (1963).

However, there is no restriction on power of Congress regarding citizenship of those born in the future- specially if there is a change in the status of Puerto Rico. This is because people born in Puerto Rico have statutory rather than constitutionally derived citizenship. This is so because our citizenship was granted by the Jones Act of 1917, and not by the Constitution of the United States. The Constitution states under Article XIV " All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." Their right to aquire U.S. citizenship by virtue of birth in Puerto Rico is permissive at the discretion of Congress. Congress could, without a question, terminate the granting of American citizenship to persons born in Puerto Rico. J Killian, Senior Specialist in American Constitutional Law stated on March 9, 1998:

"In Rogers v. Balleri, 401 U.S. 815 (1971),... the Court..ruled that (its earlier decision in case of) Afroyim was applicable because the claimant was not a 'Fourteenth Amendment citizen'...because Balleri had been born outside the United States... the case law establishes that Puerto Rico, whatever its exact status and relationship to the United States, is not itself in the United States...In that perspective, then, the limitation of the first sentence of Section 1 of theFourteenth Amendment would not restrain Congress' discretion in legislating about the citizenship status of Puerto Rico."

In the letter to Hon. Don Young, Richard Thornburgh states; "The history of citizenship for Puerto Ricans confirms beyond debate that the nationality and U.S. citizenship of persons born in Puerto Rico is a matter governed by U.S. laws enacted by Congress unilaterally-albeit with broad popular support and acceptance among Puerto Ricans. This unilateral exercise of Territory Clause authority to define the citizenship status of persons born in Puerto Rico is consistent with Article IX of the Treaty of Paris. Clearly, the U.S. nationality and citizenship is not within the internal sovereignty exercised by the people of Puerto Rico under the Commonwealth structure of local self-government."

[Boricua-in-US]

El Boricua and EddieR

Here some more!

Funk & Wagnalls Dictionary defines "citizen" as:

1. A native or naturalized person owing allegiance to, and entitled to protection from, a government.
2. A resident of a city or town.
3. A civilian, as distinguished from a public officer, soldier, etc. The same dictionary defined "Citizenship" as "The status of a citizen, with its rights, privileges, and duties.

In the United States, citizenship may be acquired in one of two ways; either as a "natural" citizen or a "naturalized" citizen. Those that obtain their citizenship at birth are referred to as
"natural" citizens, while those that acquired their citizenship, or become citizens at some time after their birth are referred to as "naturalized" citizens.

"Natural citizens at the same time, can be subdivided into two groups; those that acquired their citizenship by having been born in the United States, or under its jurisdiction, and those that acquired their citizenship by been born to parents that are, or were then, citizens of the United States." (1)

In very simple terms, those individuals who are born in U.S. soil or under its jurisdiction are said to have received their citizenship under the doctrine of "jus soli" or by the "right of the land". Natural citizens who are not born within the United States, but who are born from parents who were citizens of the United States at the time of their birth acquire their citizenship under the "jure sanguinis" doctrine or by the "right through blood".

The process to become an individual "naturalized" citizen is a process controlled by the Department of Justice of the United States, where a qualified candidate is reviewed and approved by the Federal Court System. If successful the candidate is allowed to take an "Oath to Allegiance" in front of a judge to become a citizen.

Once approved the "naturalized" citizen has the same rights and duties (With a few exceptions) of a "natural citizen". "Collective Naturalization" happens when under congressional order, citizenship is granted to people who reside in a territory under United States sovereignty. This was the case as when American Citizenship was granted to the people of Puerto Rico under the Jones-Shaffroth Act of May 2, 1917.

The Constitution of the United States of America did not have a definition of "citizenship", and it did not have any rules as to how to obtain it. To address this issue, the Fourteenth Amendment was approved on July 9th,1868. It specified among other items under Section 1, that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside" In a recent plebiscite held in 1993, 48.4% of electors voted in favor of an "ideal" type of commonwealth, 46.2% voted in favor of statehood, and 4.4% voted in favor of independence. Having American citizenship an essential element under both statehood and commonwealth, clearly 96% of the Puerto Rican electorate voted for the preservation of our American citizenship. When one realizes that even under independence, the preference of the Puerto Rico Independence Party is to maintain Puerto Rican as well as American citizenship, one can conclude that 100% -the totality of the Puerto Rican population demand and want to maintain the citizenship of the United States of America.


Have anything to say?

[Boricua-in-US]

And some more.....let me know when to stop!

On March 2, 1917, under the presidency of Woodrow Wilson, the Jones Act was approved. This new organic law which granted numerous rights for residents of the island also included the granting of American citizenship to persons born in Puerto Rico.

On July 25, 1952, on the 54th anniversary of the arrival of American troops to Puerto Rico, the Constitution of the Commonwealth of Puerto Rico goes into effect. In the Constitution under the preamble it reads in part;

"That we consider determinant factors in our lives the citizenship of the United States of America, and the inspiration to continually enrich our democratic will in our individual and collective enjoyment of its rights and prerogatives; the loyalty to the postulates of the Federal Constitution; the living together in Puerto Rico of two great cultures of the American hemisphere"
Puerto Rico has enjoyed a great, beautiful relationship with the United States since 1898. Our people in Puerto Rico enjoy American citizenship since March 2, 1917. This relationship has allowed Puerto Rico to develop economically, raise our standards of living, enjoy all the freedoms under the Federal Constitution, and to convert Puerto Rico into the real"shining star of the Caribbean".

Have anything to say? I'm quoting you with history and facts about our citizenship, not with non-sense idealism or fanatism!

[Boricua-in-US]

For independentistas:

The view of your political party! Makes you wonder???


"When one realizes that even under independence, the preference of the Puerto Rico Independence Party is to maintain Puerto Rican as well as American citizenship, one can conclude that 100% -the totality of the Puerto Rican population demand and want to maintain the citizenship of the United States of America."

[EL_BORICUA]

DAMN BRO,I JUST ASKED IF ANYONE KNOWS THE
DATE OF THIS COURT DECISION OR THE NAME OF
THE CASE THAT THE SUPREME COURT DECIDED THAT
THERE IS NO PUERTORICAN CITZENSHIP I ASK
BECAUSE IN BALZAC V.PTO.RICO THE COURT
AFFIRMS IT.

[PRBLUEROSE]

[quote]Originally posted by Boricua-in-US:
[b]And some more.....let me know when to stop!

PLEASE DON'T STOP...
I AM VERY MUCH INTRIGED BY ALL I HAVE READ. I AM A PUERTORIQUEÑA BORN AND RAISED IN THE UNITED STATES AND CURRENTLY LIVING IN PUERTO RICO. I WOULD LIKE MORE LINKS TO SITES WHERE I CAN FIND INFORMATION PERTAINING TO YOUR POST.
YOUR POST HAVE PROBABLY BEEN THE MOST INFORMATIVE I HAVE READ IN THE DISCUSSIONS. KEEP UP THE GOOD WORK