On November 24, the First Circuit ruled 2-1 that the U.S. Constitution does not permit any voting representatives for Puerto Rico in the U.S. House of Representatives, notwithstanding treaties that the U.S. has signed to protect voting rights for all adult U.S. citizens. The case is Igartua v United States of America, 09-2186. The government of Puerto Rico had joined the voter-plaintiff in support of the lawsuit, and an attorney for the government of Puerto Rico had been permitted to participate in oral argument. Here is the decision.
Each of the three judges on the panel wrote separately. Judge Sandra Lynch wrote 31 pages for the Court. Judge Kermit Lipez wrote 14 pages to say that although he agrees that plaintiffs should not prevail, he feels the case is important enough that all the judges of the First Circuit should have participated in an en banc hearing. Judge Juan Torruella wrote a passionate dissent of 63 pages. Judge Turruella notes in a footnote that in 1898, while Spain still owned Puerto Rico, Puerto Rican voters chose 6 Senators and 12 Delegates to the Spanish Parliament, the Cortes, in Madrid. Thanks to Rick Hasen’s ElectionLawBlog for the link.
This brings to mind the issue of the two territories of remaining territory and the non-voting delegates to the house
and/or house and senate.
.
When Michigan became a state it had remaining territory that
never formed into any states (CIRCA 1835 – 1837). 5,000 electors were the number to trigger a delegate for the remaining territory of Michigan. For those who do not recall
the events in Detroit when Michigan picket the Tennessee plan
of become a state. The remaining territory of Michigan lies
on islands within one hundred miles on the Pacific Coast not
covered by the the boundary treaties with the UK or Canada, viz., Washington Islands in the Pacific Ocean. Population
still to low for a delegate.
The other is the remainder of the Terriory of Hawaii, viz.,
not covered by the statehood Act of 1959. Palmyra Island,
Johnson Island (within Johnson Atoll), and Kingman Reef.
Sincerely, Mark Seidenberg, Vice Chairman, American Independent Party
Gee – P.R. is NOT a State of the Union — 14th Amdt, Sec. 2.
Obvious remedy – (1) P.R. to be declared an independent NATION-STATE by an Act of the gerrymander Congress or (2) a const. amdt. to have a uniform definition of Elector in ALL of the U.S.A. — i.e. regular States and ALL of the territories/colonies — so that ALL of the Electors-Voters in the U.S.A. can elect U.S.A. Reps. using Prop. Rep.
Do Donkeys and/or even New Age Elephants love (2) ???
This stuff AIN’T atomic physics — except for MORONS stuck in 1787 thinking.
If I remember correctly, the people of Puerto Rico have had a number of opportunities to vote to become a state, become an independent country or remain the same.
http://en.wikipedia.org/wiki/Puerto_Rico
One more ongoing political mess due to a WAR.
If they want voting representatives in Congress, then they need to become a state, with all of the subsequent responsibilities.
A waste of tax dollars. Except for military matters, give Puerto Rico independence.