294 • Marine Minerals: Exploring Our New Ocean Frontier 



Like Guam, the U.S. Virgin Islands are authorized 

 to draft their own constitution.^* The most recent of sev- 

 eral proposed constitutions was turned down by voters 

 in 1981. At the present time, the issues of a constitu- 

 tion and status are in abeyance. 



Comment. — All three of these territories enjoy a large 

 measure of self-rule, but under the territorial clause of 

 the Constitution^^ their governments are, in effect. Fed- 

 eral agencies exercising delegated power. Neither the 

 initial cessions nor any subsequent grant of local power 

 have insulated the islands from highly discretionary Fed- 

 eral authority. 



The Executive Branch, acting through the Depart- 

 ment of the Interior, maintains fiscal and other super- 

 visory powers. Congress retains the right to approve and 

 amend local constitutions or to annul local statutes. It 

 appears that nothing in domestic law would impede the 

 establishment and development of EEZs around these 

 islands. 



Group C 



Puerto Rico. — Spain ruled Puerto Rico from 1508 

 until 1898. The island was ceded to the United States 

 by the Treaty of Paris under the same terms and con- 

 ditions as Guam.^^ After nearly 2 years of mOitary rule, 

 the island was administered under Organic Acts passed 

 in 1900" and 191 7. ^^ In 1950 Congress passed the Puerto 

 Rican Federal Relations Act "in the nature of a com- 

 pact so that the people of Puerto Rico may organize a 

 government pursuant to a constitution of their own 

 adoption. "'' This Act provided for the automatic re- 

 peal of those sections of the 1917 Act pertaining to local 

 concerns and the structure of the island's government. 

 The repeal was effective upon adoption and proclama- 

 tion of the constitution in 1952, and Puerto Rico then 

 "ceased to be a territory of the United States subject 

 to the plenary powers of Congress . . ."*° The govern- 

 ment of Puerto Rico no longer exercises delegated power, 

 and its constitution and laws may not be amended by 

 Congress. 



The Puerto Rico constitution establishes the common- 

 wealth and declares that "political power emanates from 

 the people, to be exercised according to their wUl within 

 the terms of the compact between them and the United 

 States."*' "Commonwealth" is an undefined term and, 

 as noted above, the "compact" is not a comprehensive 



agreement but the residue of the 1917 Organic Act from 

 which the irrelevant provisions have been stripped. It 

 has remained for the courts to struggle toward clarifi- 

 cation of this status. 



Puerto Rico is subject to the U.S. Constitution but 

 "like a state, is an autonomous political entity, 'sover- 

 eign over matters not ruled by the Constitution.' "*^ 

 Federal laws "not locally inapplicable" have the same 

 force and effect in Puerto Rico as in the States.*^ Fed- 

 eral statutes may exempt Puerto Rico or may include 

 it on terms different from the States.** Relations between 

 the courts of Puerto Rico and the Federal courts are the 

 same as those for State courts.*^ The principles of defer- 

 ence and comity apply to Federal court review of Puerto 

 Rico's legislative, executive, and judicial acts.*^ 



For all of its State-like attributes, commonwealth sta- 

 tus is inherently ambiguous. Congressional power to 

 treat the island differently leaves Puerto Rico uncertain 

 as to its participation in important Federal programs. 

 Court cases resolving specific issues do not provide a 

 coherent, overall definition of the scope of local author- 

 ity. What President Johnson called a "creative and flex- 

 ible" relationship*' has come to be viewed as an un- 

 satisfactory, interim arrangement. WhUe disagreeing on 

 the form of the ultimate relationship, all of Puerto Rico's 

 political parties agree that a clear outline of the island's 

 powers vis-a-vis the Federal Government is essential.*^ 

 There are no legal obstacles to such a change. On the 

 island's side, "the Constitution of the Commonwealth 

 of Puerto Rico does not close the door to any change 

 of status that the people of Puerto Rico desire . . ."*' 

 On the Federal side, there have been repeated execu- 

 tive^" and congressional^' declarations that the choice 

 of status remains with the people of Puerto Rico. 



Statehood would give Puerto Rico equal standing 

 with the other States in whatever management regime 

 Congress establishes for the EEZ. Independence would 



"Public Law 94-584, 90 Stat. 2899 (1976), as amended by Public Law 96- 

 597, 94 Stat. 3479 (1980). 

 "U.S. Const, art. IV, §3. 

 '*See note 26, above. 



"The Foraker Act, ch. 191, 31 Stat. 77 (1900). 

 "The Jones Act, ch. 145, 39 Stat. 951 (1917). 

 "Ch. 446, 64 Slat. 319 (1950). 



"United Slates v. Quinones, 758 F.2d 40, 42 (1985). 

 "P.R. Const, art. I, §1. 



"Rodriguez v. Popular Democratic Party. 457 U.S. 1, 8 (1982) (quoting 

 Mora V. Mejias, 115 F. Supp 610, 612 [D.P.R. 1953]). 



"48 U.S.C. 734 (1982). 



**Harris v. Rosario, 446 U.S. 651 (1980) (per curiam) (overturning a ruling 

 that lower A.F.D.C. payments in Puerto Rico violate the equal protection 

 guarantees of the Fifth Amendment under the territorial clause. "Con- 

 gress . . . may treat Puerto Rico differently from States so long as there is a 

 rational basis for its actions. ")- 



"48 U.S.C. 864 (1982). 



*^Rodriguez v. Popular Democratic Party, supra, at 8; Hemandez-Agosto 

 V. Romero-Barcelo, 748 F.2d 1, 5 (1st Cir. 1984). 



*^Statement in Response to the Report of the United States — Puerto Rico 

 Status Commission, 2 Weekly Comp. Pres. Doc. 1034 (Aug. 5, 1966). 



*"*?. Falk, ed. , The PoliticaJ Status of Puerto Rico (Lexington, MA: Lexing- 

 ton Books, 1986); Puerto Rico's Political Future: A Divisive Issue with Many 

 Dimensions (GAO Report GGD-81-48, Mar. 2, 1981). 



'^Puerto Rico Socialist Party v. Commonwealth, 107 PR. Dec. 590, 606 

 (1978). 



>"2 Weekly Comp. Pres. Doc. 1034 (Aug. 5, 1966) (Johnson); 12 Weekly 

 Comp. Pres. Doc. 1225 (July 7, 1976) (Ford); 13 Weekly Comp. Pres. Doc. 

 1374 (Sept. 17, 1977) (Carter); 18 Weekly Comp. Pres. Doc. 19 (Jan. 12, 1982) 

 (Reagan). * 



"S. Con. Res. 35, 93 Stat. 1420 (1979). 



