| 翻訳と辞書 |
| Implications of Puerto Rico's current political status ： ウィキペディア英語版 |
Implications of Puerto Rico's current political status
The current political status of Puerto Rico has ramifications into many spheres of Puerto Rican life, and there are limits to the level of autonomy the Puerto Rican government has. For example, the Island's government is not fully autonomous, and the level of federal presence in the Island is common place, including a branch of the United States Federal District Court. There are also implications relative to the American citizenship carried by people born in Puerto Rico. Specifically, although people born in the Commonwealth of Puerto Rico are natural born US citizens, they are not Article 14 citizens. Puerto Ricans are also covered by a group of "fundamental civil rights" but, since Puerto Rico is not a state, Puerto Ricans are not covered by the full American Bill of Rights. As for taxation and representation, Puerto Ricans pay all U.S. federal taxes, although most bona fide residents of the island are not required to file federal income tax returns. Representation-wise, Puerto Ricans have no voting representative in the U.S. Congress, but do have a Resident Commissioner who has a voice in Congress (but no vote except for committee-level voting). Puerto Ricans must also serve in the United States military with the same duties as a US citizen residing in the other 50 states.
==Level of autonomy==
Under the Constitution of Puerto Rico, Puerto Rico designates itself with the term Commonwealth and Puerto Ricans have a degree of administrative autonomy similar to citizens of a U.S. state and like the States, it has a republican form of government, organized pursuant to a constitution adopted by its people, and a bill of rights. The constitution, approved by the U.S. congress, went into effect in 1952. In addition, like the States, Puerto Rico lacks "the full sovereignty of an independent nation," for example, the power to manage its "external relations with other nations," which was retained by the Federal Government.
Constitutionally, Puerto Rico is subject to the Congress' plenary powers under the territorial clause of Article IV, sec. 3, of the U.S. Constitution.〔U.S. Const. art. IV, § 3, cl. 2 ("The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States ...").〕 U.S. federal law applies to Puerto Rico, even though Puerto Rico is not a state of the American Union and their residents have no voting representation in the U.S. Congress. Because of the establishment of the Federal Relations Act of 1950, all federal laws that are "not locally inapplicable" are automatically the law of the land in Puerto Rico.〔〕〔39 Stat. 954, 48 USCA 734 . "The statutory laws of the United States not locally inapplicable, except as hereinbefore or hereinafter otherwise provided, shall have the same force and effect in Porto Rico as in the United States ...".〕 Following the 1950 and 1952 legislation, only two district court decisions have held that a particular federal law, which does not specifically exclude or treat Puerto Rico differently, is inapplicable to Puerto Rico.〔The two are: (1)''Refusing to apply the Federal Firearms Act to transactions solely within Puerto Rico'': United States v. Rios, 140 F. Supp. 376 (D.P.R. 1956) and (2)''Refusing to apply federal death penalty to Puerto Rico'': United States. v. Acosta Martínez, 106 F. Supp 2d 311 (D.P.R. 2000), rev’d 252 F. 3d 13 (1st Cir. 2001); cert. denied 535 U.S. 906 (2002).〕 The more recent decision was vacated on appeal.〔See United States v. Rios, 140 F. Supp. 376 (D.P.R. 1956) (refusing to apply the Federal Firearms Act to transactions solely within Puerto Rico); United States. v. Acosta Martínez, 106 F. Supp 2d 311 (D.P.R. 2000) (refusing to apply federal death penalty to Puerto Rico), rev’d 252 F. 3d 13 (1st Cir. 2001); cert. denied 535 U.S. 906 (2002).〕 Efrén Rivera Ramos, Dean and Professor of Law at the University of Puerto Rico School of Law, clarified the meaning of ''plenary powers'', explaining, "The government of a state derives its powers from the people of the state, whereas the government of a territory owes its existence wholly to the United States. The Court thus seems to equate plenary power to exclusive power. The U.S. government could exert over the territory power that it could not exercise over the states." Ramos quotes Justice Harlan, writing in ''Grafton v. United States'', , "The jurisdiction and authority of the United States over that territory (to the Philippines ) and its inhabitants, for all legitimate purposes of government is paramount,". Ramos then goes on to argue "This power, however, is not absolute, for it is restrained by some then-undefined fundamental rights possessed by anyone subject to the authority of the U.S. government."〔(''Puerto Rico's Political Status: The Long-Term Effects of American Expansionist Discourse'', by Efrén Rivera Ramos. ) Levinson Sanford and Bartholomew H. Sparrow. (editors) In, "The Louisiana Purchase and American expansion, 1803–1898." Rowman & Littlefield. 2005. Retrieved 12 June 2013.〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Implications of Puerto Rico's current political status」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|