Commonwealth (United States insular area)
Encyclopedia
In the terminology of the United States
insular area
s, a Commonwealth is a type of organized but unincorporated
dependent territory
.
The definition of "Commonwealth" according to current U.S. State Department policy (as codified in the department's Foreign Affairs Manual) reads: "The term 'Commonwealth' does not describe or provide for any specific political status or relationship. It has, for example, been applied to both states and territories. When used in connection with areas under U.S. sovereignty that are not states, the term broadly describes an area that is self-governing under a constitution of its adoption and whose right of self-government will not be unilaterally withdrawn by Congress".
There are currently two United States insular areas classified with the status of commonwealth, the Northern Mariana Islands
and Puerto Rico
.
Despite the Spanish translation of the term "commonwealth", Puerto Rico's relationship with United States is not a Compact of Free Association
(which is the case for the Federated States of Micronesia
, Palau
, and the Marshall Islands
). As sovereign states, these islands have full right to conduct their own foreign relations, while the Commonwealth of Puerto Rico
is part of the United States as a territory. ”
The territory was organized by the Foraker Act
in 1900, which was amended by the Jones-Shafroth Act
in 1917. The drafting of the Constitution of Puerto Rico
by its residents was authorized by Congress in 1951, and the result approved in 1952. Puerto Rico have held several referendum with the options of U.S. statehood, independence and commonwealth; the commonwealth option has won.
The Commonwealth of Puerto Rico has a grade of sovereingty equal as a State of the Union. The residents of Puerto Rico are United States citizens and they are represented in Congress by a Resident Commissioner with voice but without vote. Residents of Puerto Rico generally do not pay federal income taxes (however, they pay Social Security, Medicare and Unemployment taxes) and cannot vote on Presidential elections.
Puerto Rico has sports sovereignty with its own national olympic team. Puerto Rico also participates in different International Organizations such as the Economic Commission for Latin America (ECLA) (Associate Member).
CNRA approved by the U.S. Congress on May 8, 2008, thus altering the CNMI’s immigration system.
Specifically, CNRA § 702(a) amended the Covenant to state that “the provisions of the ‘immigration laws’ (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) shall apply to the Commonwealth of the Northern Mariana Islands.”2 Further, under
CNRA § 702(a), the “immigration laws,” as well as the amendments to the Covenant, “shall . . .
supersede and replace all laws, provisions, or programs of the Commonwealth relating to the admission of aliens and the removal of aliens from the Commonwealth.”
Transition to U.S. Immigration Law began November 28, 2009 in the Commonwealth of the Northern Mariana Islands (CNMI). CNMI's immigration laws have been replaced by the INA and other U.S. immigration laws.
was an insular area that held commonwealth status from March 24, 1934 until July 4, 1946. The United States
recognized the future independence of the Philippines in 1934 but called for a transitional period from 1934 until 1946 when the Philippines became fully independent.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
insular area
Insular area
An insular area is a United States territory, that is neither a part of one of the fifty U.S. states nor the District of Columbia, the federal district of the United States...
s, a Commonwealth is a type of organized but unincorporated
Unincorporated territories of the United States
Unincorporated territory is a legal term of art in United States law denoting an area controlled by the government of the United States, but which is not a part of the United States proper ....
dependent territory
Dependent territory
A dependent territory, dependent area or dependency is a territory that does not possess full political independence or sovereignty as a State, and remains politically outside of the controlling state's integral area....
.
The definition of "Commonwealth" according to current U.S. State Department policy (as codified in the department's Foreign Affairs Manual) reads: "The term 'Commonwealth' does not describe or provide for any specific political status or relationship. It has, for example, been applied to both states and territories. When used in connection with areas under U.S. sovereignty that are not states, the term broadly describes an area that is self-governing under a constitution of its adoption and whose right of self-government will not be unilaterally withdrawn by Congress".
There are currently two United States insular areas classified with the status of commonwealth, the Northern Mariana Islands
Northern Mariana Islands
The Northern Mariana Islands, officially the Commonwealth of the Northern Mariana Islands , is a commonwealth in political union with the United States, occupying a strategic region of the western Pacific Ocean. It consists of 15 islands about three-quarters of the way from Hawaii to the Philippines...
and Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
.
Commonwealth of Puerto Rico
Of the current U.S. insular areas, the term was first used by Puerto Rico in 1952 as its formal name in English ("Commonwealth of Puerto Rico"). The formal name in Spanish for Puerto Rico is "Estado Libre Asociado de Puerto Rico,".Despite the Spanish translation of the term "commonwealth", Puerto Rico's relationship with United States is not a Compact of Free Association
Compact of Free Association
The Compact of Free Association defines the relationship that three sovereign states—the Federated States of Micronesia , the Republic of the Marshall Islands and the Republic of Palau—have entered into as associated states with the United States.Now sovereign nations, the three freely associated...
(which is the case for the Federated States of Micronesia
Federated States of Micronesia
The Federated States of Micronesia or FSM is an independent, sovereign island nation, made up of four states from west to east: Yap, Chuuk, Pohnpei and Kosrae. It comprises approximately 607 islands with c...
, Palau
Palau
Palau , officially the Republic of Palau , is an island nation in the Pacific Ocean, east of the Philippines and south of Tokyo. In 1978, after three decades as being part of the United Nations trusteeship, Palau chose independence instead of becoming part of the Federated States of Micronesia, a...
, and the Marshall Islands
Marshall Islands
The Republic of the Marshall Islands , , is a Micronesian nation of atolls and islands in the middle of the Pacific Ocean, just west of the International Date Line and just north of the Equator. As of July 2011 the population was 67,182...
). As sovereign states, these islands have full right to conduct their own foreign relations, while the Commonwealth of Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
is part of the United States as a territory. ”
The territory was organized by the Foraker Act
Foraker Act
The Foraker Act,officially the Organic Act of 1900, is a United States federal law that established civilian government on the island of Puerto Rico, which had been newly acquired by the United States as a result of the Spanish–American War. Section VII of the Foraker Act also established Puerto...
in 1900, which was amended by the Jones-Shafroth Act
Jones-Shafroth Act
The Jones–Shafroth Act was a 1917 Act of the United States Congress by which Puerto Ricans were collectively made U.S. citizens, the people of Puerto Rico were empowered to have a popularly-elected Senate, established a bill of rights, and authorized the election of a Resident Commissioner to a...
in 1917. The drafting of the Constitution of Puerto Rico
Constitution of Puerto Rico
The Constitution of the Commonwealth of Puerto Rico is the controlling government document of the Commonwealth of Puerto Rico. It is composed of nine articles detailing the structure of the government as well as the function of several of its institutions. The document also contains an extensive...
by its residents was authorized by Congress in 1951, and the result approved in 1952. Puerto Rico have held several referendum with the options of U.S. statehood, independence and commonwealth; the commonwealth option has won.
The Commonwealth of Puerto Rico has a grade of sovereingty equal as a State of the Union. The residents of Puerto Rico are United States citizens and they are represented in Congress by a Resident Commissioner with voice but without vote. Residents of Puerto Rico generally do not pay federal income taxes (however, they pay Social Security, Medicare and Unemployment taxes) and cannot vote on Presidential elections.
Puerto Rico has sports sovereignty with its own national olympic team. Puerto Rico also participates in different International Organizations such as the Economic Commission for Latin America (ECLA) (Associate Member).
Commonwealth of the Northern Mariana Islands
In 1976, Congress approved the mutually negotiated Covenant to Establish a Commonwealth of the Northern Mariana Islands (CNMI) in Political Union with the United States. Prior to November 28, 2009, the Immigration and Nationality Act (INA) did not apply in the CNMI. Rather, a separate immigration system existed in the CNMI. This system was established under the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (“Covenant”), which was signed in 1975 and codified as 48 U.S.C. § 1801. The Covenant was unilaterally amended by the Consolidated Natural Resources Act of 2008Consolidated Natural Resources Act of 2008
The Consolidated Natural Resources Act of 2008 was an act passed in the 110th United States Congress and enacted on May 8, 2008.-Legislative history:...
CNRA approved by the U.S. Congress on May 8, 2008, thus altering the CNMI’s immigration system.
Specifically, CNRA § 702(a) amended the Covenant to state that “the provisions of the ‘immigration laws’ (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) shall apply to the Commonwealth of the Northern Mariana Islands.”2 Further, under
CNRA § 702(a), the “immigration laws,” as well as the amendments to the Covenant, “shall . . .
supersede and replace all laws, provisions, or programs of the Commonwealth relating to the admission of aliens and the removal of aliens from the Commonwealth.”
Transition to U.S. Immigration Law began November 28, 2009 in the Commonwealth of the Northern Mariana Islands (CNMI). CNMI's immigration laws have been replaced by the INA and other U.S. immigration laws.
Commonwealth of the Philippines
The Commonwealth of the PhilippinesCommonwealth of the Philippines
The Commonwealth of the Philippines was a designation of the Philippines from 1935 to 1946 when the country was a commonwealth of the United States. The Commonwealth was created by the Tydings-McDuffie Act, which was passed by the U.S. Congress in 1934. When Manuel L...
was an insular area that held commonwealth status from March 24, 1934 until July 4, 1946. The United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
recognized the future independence of the Philippines in 1934 but called for a transitional period from 1934 until 1946 when the Philippines became fully independent.
See also
- Commonwealth (U.S. state)
- Politics of the Northern Mariana IslandsPolitics of the Northern Mariana IslandsPolitics of the Northern Mariana Islands takes place in a framework of a presidential representative democratic system, whereby the Governor is head of government, and of a pluriform multi-party system. The Northern Mariana Islands are a commonwealth in political union with the United States....
- Politics of Puerto RicoPolitics of Puerto RicoThe politics of Puerto Rico take place in the framework of a republican democratic form of government that is under the jurisdiction and sovereignty of the United States of America as an organized unincorporated territory....
- President's Task Force on Puerto Rico's StatusPresident's Task Force on Puerto Rico's StatusThe mission of the President’s Task Force on Puerto Rico’s Status is to provide options for Puerto Rico’s future status and relationship with the Government of the United States....
- Territories of the United States
- U.S. stateU.S. stateA U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...