Puerto Rico is currently a possession, or territory, of the United States. It could also become a State or a nation with its own sovereignty.
For decades, some leaders in Puerto Rico have claimed that Puerto Rico could become an “enhanced commonwealth.” Sometimes called “perfected commonwealth” or “developed commonwealth,” this idea includes cherry-picking among federal laws in their application to Puerto Rico and creating a completely new relationship between Puerto Rico and the United States that grants Puerto Rico the rights of both a U.S. state and a foreign country.
All three branches of the federal government and both major U.S. political parties have rejected this option.
As it has become clear that “enhanced commonwealth” is a non-starter, some of its supporters started suggesting that Puerto Rico can have that brand new relationship under “Free Association.”
This idea got a boost in 2016, when Supreme Court decisions and the enactment a U.S. law (PROMESA ) creating a U.S. financial control board to deal with Puerto Rico’s bankruptcy made it clear that Puerto Rico lacks power in its relationship with the United States. Commonwealth supporters increasingly gravitated to the idea of Puerto Rico becoming a Freely Associated State as, essentially, a way to continue to push “commonwealth” under a new label.
In 2017, the Department of Justice (DOJ) expressed concern that voters might confuse the two options. In rejecting the text of a proposed plebiscite ballot, the DOJ made sure Puerto Rican voters understood that “Free Association” is an agreement between two sovereign nations.
Is it possible to repackage a rejected “enhanced commonwealth” status as “free association”? As the curtain has been pulled back on the viability of a “commonwealth” status for Puerto Rico, some “commonwealth” proponents appear to be trying to do so.
As Rafael Cox Alomar, a 2012 candidate for Resident Commissioner of Puerto Rico , wrote in wrote in 2019: “[I]n Puerto Rico there is a robust proportion of the eligible voters who would reject statehood if faced with the options of either an enhanced Commonwealth or a well-rounded free association arrangement.”
As Puerto Rico moves forward, it’s essential that voters and lawmakers alike understand what a Freely Associated State is and how that status would affect residents of Puerto Rico.
Updated September 4, 2023
Commonwealth or ELA (Free Associated State) are esotoric (no meaning) political Terms not found in the US Constitution–which only recognizes four forms of Government, under the sovereignty of the US–one for: States; Territories; District of Colombia; Indian Tribes. Under the US Constitution the status of Puerto Rico is US Territory. However, the US Congress, under the Territorial Clause and US Supreme Court Insular Cases can allowed the Government of Puerto Rico to be called a Commonwealth or ELA. But, the US Congress is not above the US Constitution to allow for “Enhanced ELA” with sovereignty as another Status outside the Territorial Clause. Puerto Rico has no soverignty unles it becomes a State or has Independence. The Federal Government-US Congress must provide– EQUALITY+PROGESS=STATEHOOD with DIGNITY!
Commonwealth or ELA (Free Associated State) are esoteric (no meaning) political Terms not found in the US Constitution–which only recognizes four forms of Government, under the sovereignty of the US–one for States; Territories; District of Colombia; Indian Tribes.
Under the US Constitution, the status of Puerto Rico is US Territory. However, the US Congress, under the Territorial Clause and US Supreme Court Insular Cases can allow the Government of Puerto Rico to be called a Commonwealth or ELA.
But, the US Congress is not above the US Constitution to allow for “Enhanced ELA” with sovereignty as another Status outside the Territorial Clause. Puerto Rico has no sovereignty unless it becomes a State or has Independence.
The Federal Government-US Congress must provide– EQUALITY+PROGESS=STATEHOOD with DIGNITY