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Supreme Court of the United States
Puerto Rico; US Territory; commonwealth; colonization; voting rights; suffrage; naturalization; citizenship; Foraker Act; Jones Act; Insular Cases; incorporated territory; unincorporated territory; statehood; taxation without representation; First Amendment; Free Speech; Association; Strict Scrutiny; Government Interests; Compelling Interest; Narrow Tailoring; Proportionality;
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Full-Text Articles in Social Welfare Law
Puerto Rican Presidential Voting Rights: Why Precedent Should Be Overturned, And Other Options For Suffrage, Sigrid Vendrell-Polanco
Puerto Rican Presidential Voting Rights: Why Precedent Should Be Overturned, And Other Options For Suffrage, Sigrid Vendrell-Polanco
Brooklyn Law Review
The United States has continued to hold Puerto Rico as a colony, much like the British empire did the US colonies, and has given it no clear path to incorporation, statehood, or independent sovereignty. It has also denied its citizens the right to vote for their president and have voting representation in Congress. Current case law regarding Puerto Rican presidential voting rights and voting representation in Congress rests on precedent that dates almost as far back as its acquisition—the infamous Insular Cases. This case law is inconsistent with prior precedent, constitutional principles, and does not account for Puerto Rico’s contributions …