The Supreme Court announced yesterday that it will consider Puerto Rico vs. Valle, placing a case involving Puerto Rico’s political status on the Court’s agenda for the 2015-2016 term.
In its petition for certiorary, the government of Puerto Rico argued that the case is “the most important case on the constitutional relationship between Puerto Rico and the United States since the establishment of the Commonwealth in 1952.”
At issue is whether the Commonwealth of Puerto Rico and the Federal Government are separate sovereigns for purposes of the Double Jeopardy Clause of the United States Constitution.
Puerto Rico vs. Valle involves the consolidation of two individual cases, both involving charges related to firearms, in which the defendants were able to dismiss their cases pending before a Puerto Rico court after a federal court ruled on the same charges. On appeal, Puerto Rico contends that the dismissal of these cases under its jurisdiction “strips Puerto Rico of the ability to enforce its own criminal laws without federal interference.”
For more information and to obtain copies of the briefs filed with the Court, click here.
Is it possible they could rule Puerto Rico an incorporated territory?
Possibly. Consider this.
Territories deemed “unincorporated ” have a federal court of “article four”. Article Four Federal Courts are PARTIALLY bound to the US constitution,YET RECOGNIZE THE TERRITORIAL CLAUSE.
Federal Courts for STATES AND INCORPORATED (STATEHOOD BOUND) TERRITORIES have US Federal Courts under ARTICLE THREE. (US Constitution applies full force)
Puerto Rico’s US Federal Court is ARTICLE THREE!!!
*IN FEDERAL JUDICIARY PURPOSES,PUERTO RICO IS AN INCORPORATED TERRITORY.
In 1948 or abouts, Congress strengthened Puerto Rico’s US citizenship and Fed Courts to Article 3 in preparation for the new Puerto Rico Constitution and Organized Republican government the PDP/PPD falsely calls “commonweath”& “Free Associated State” in Spanish.
Subsequent federal laws treating PR “like a state” have had the legal sense of incorporation into the US.
I expect the SCOTUS to vacate the PPD’S claims and state CONGRESS IS IN CHARGE UNDER TERRITORIAL CLAUSE AND PERHAPS DECLARE PR INCORPORATED IN PERMANENT UNION.
I will go “way off” and say maybe SCOTUS will declare PR incorporated, vacate Balzac,and tell congress to admit PR as and state,calling the Commonwealth unconstitutional for perpetuating 2 ND class citizenship and nd it’s status deception.
I rock
Luis, I agree entirely with your statement … I think it’s quite possible that the USSC will rule Puerto Rico an incorporated territory.
Back around 1900, a cynical sage opined that “The Supreme Court follows the election returns,” and history has since repeatedly upheld the accuracy of that observation. Nowhere on the current “national scene” is there so much as the slightest indication that the electorate is “ripe and ready” for some sort of “heavyweight” SCOTUS edict regarding the future of Puerto Rico. Accordingly, my bet is that “Puerto Rico v. Valle” will yield a brief, boring, narrowly focused, purely technical ruling; think “escueto y sin sabor.”
Possibly. Especially if Congress is desperately trying to avoid the choice of statehood or independence ,forced at letting go of such a militarily strategic and lucrative money tree island from tax exempt bonds,corporate profits……
I don’t see how the SCOTUS accepted this except to embarrass the ‘commonweath ‘ party and finally put to death the “Free Associated State ” myth the PPD/PDP “commonweath ” party espouses.
Get your AMC Loews Cineplex Popcorn & Soda. This’ll be good!