Jones-Shafroth Act
Encyclopedia
The Jones–Shafroth Act (1917) 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 four year term. Also known as the "Jones Act of Puerto Rico" or "Jones Law of Puerto Rico", it amended the "Organic Act of Puerto Rico" created by the Foraker Act
of 1900. (This "Jones Act" applies only to Puerto Rico
.) The act was signed into law by President Woodrow Wilson
on March 2, 1917.
, the Resident Commissioner
in Washington, argued in its favor, giving several significant speeches in the House of Representatives. On 5 May 1916 he demanded:
"Give us now the field of experiment which we ask of you. . . . It is easy for us to set up a stable republican government with all possible guarantees for all possible interests. And afterwards, when you . . . give us our independence . . . you will stand before humanity as a great creator of new nationalities and a great liberator of oppressed people."
. In some respects, the governmental structure paralleled that of a state of the United States. Powers were separated among an Executive, Judicial, and Legislative branch. The law also recognized certain civil rights
through a bill of rights
to be observed by the government of Puerto Rico (although trial by jury
, which did not exist in Puerto Rico's civil law
system, was not among them).
was passed two months later, it allowed conscription
to be extended to the island. Some 20,000 Puerto Rican soldiers were sent to World War I. Before the Act was signed, Puerto Ricans residents of the island who were not citizens of the United States (their citizenship since 1898 was Puerto Rican) were considered as aliens. But then Isabel Gonzalez
arrived in New York from Puerto Rico. US Immigration attempted to deport her back to Puerto Rico, but she appealed her case up to the Supreme Court (see: Gonzales v. Williams), and won immigration rights for all Puerto Ricans from that point forward. However, the Court fell just short of granting US Citizenship status. As such Puerto Ricans were ineligible for the draft. Prior to the Act, Puerto Ricans in the mainland United States who were permanent residents were required to register with the Selective Service System and could be drafted.
consisting of 19 members and a 39-member House of Representatives
. All were elected by manhood suffrage for a term of four years. Acts of the Legislature could be vetoed by the governor, but his veto could be overridden by a two-thirds vote, in which case the President of the United States
would make the final decision.
Matters relating to franchises and concessions were vested in a Public Service Commission consisting of the heads of the executive departments, the auditor, and two elected commissioners. A Resident Commissioner
to the United States continued to be elected by popular vote for a four-year term; the Resident Commissioner's duties included representing Puerto Rico in the U.S. House of Representatives, with a voice but without vote, as well as before the executive departments in Washington
.
The Governor of Puerto Rico
was to be appointed by the President of the United States
, and not elected. All cabinet officials had to be approved by the United States Senate
, and the United States Congress
had the power to veto any law passed by the Puerto Rican Legislature. Washington maintained control over fiscal and economic matters and exercised authority over mail services, immigration, defense and other basic governmental matters. Puerto Rico was not given electoral votes in the election of President, because the Constitution of the United States of America allowed only full-fledged states to have electoral votes.
which, when implemented in 1952, provided greater autonomy as a Commonwealth (according to the political sector in power in the island at the time).
Act of Congress
An Act of Congress is a statute enacted by government with a legislature named "Congress," such as the United States Congress or the Congress of the Philippines....
of the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
by which Puerto Ricans
Puerto Rican people
A Puerto Rican is a person who was born in Puerto Rico.Puerto Ricans born and raised in the continental United States are also sometimes referred to as Puerto Ricans, although they were not born in Puerto Rico...
were collectively made U.S. citizens
Citizenship in the United States
Citizenship in the United States is a status given to individuals that entails specific rights, duties, privileges, and benefits between the United States and the individual...
, the people 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...
were empowered to have a popularly-elected Senate
Senate of Puerto Rico
The Senate of Puerto Rico is the upper house of the Legislative Assembly of Puerto Rico, the territorial legislature of Puerto Rico. The Senate is composed of 27 senators, representing eight constituent senatorial districts across the commonwealth, with two senators elected per district; an...
, established a bill of rights
Bill of rights
A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
, and authorized the election of a Resident Commissioner
Resident Commissioner of Puerto Rico
The Resident Commissioner of Puerto Rico is a non-voting member of the United States House of Representatives elected by the voters of the Commonwealth of Puerto Rico every four years...
to a four year term. Also known as the "Jones Act of Puerto Rico" or "Jones Law of Puerto Rico", it amended the "Organic Act of Puerto Rico" created 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...
of 1900. (This "Jones Act" applies only to 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...
.) The act was signed into law by President Woodrow Wilson
Woodrow Wilson
Thomas Woodrow Wilson was the 28th President of the United States, from 1913 to 1921. A leader of the Progressive Movement, he served as President of Princeton University from 1902 to 1910, and then as the Governor of New Jersey from 1911 to 1913...
on March 2, 1917.
Impetus
The impetus for this legislation came from a complex of both local and mainland interests. Puerto Ricans lacked internationally recognized citizenship; but the local council was wary of "imposing citizenship." Luis Muñoz RiveraLuis Muñoz Rivera
Luis Muñoz Rivera was a Puerto Rican poet, journalist and politician. He was a major figure in the struggle for political autonomy of Puerto Rico....
, the Resident Commissioner
Resident Commissioner of Puerto Rico
The Resident Commissioner of Puerto Rico is a non-voting member of the United States House of Representatives elected by the voters of the Commonwealth of Puerto Rico every four years...
in Washington, argued in its favor, giving several significant speeches in the House of Representatives. On 5 May 1916 he demanded:
"Give us now the field of experiment which we ask of you. . . . It is easy for us to set up a stable republican government with all possible guarantees for all possible interests. And afterwards, when you . . . give us our independence . . . you will stand before humanity as a great creator of new nationalities and a great liberator of oppressed people."
Major features
The Act made all citizens of Puerto Rico U.S. citizens collectively and revised the system of government in Puerto RicoGovernment of Puerto Rico
The Government of Puerto Rico is a republican form of government subject to U.S. jurisdiction and sovereignty. Its current powers are all delegated by the United States Congress and lack full protection under the United States Constitution...
. In some respects, the governmental structure paralleled that of a state of the United States. Powers were separated among an Executive, Judicial, and Legislative branch. The law also recognized certain civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
through a bill of rights
Bill of rights
A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
to be observed by the government of Puerto Rico (although trial by jury
Trial by Jury
Trial by Jury is a comic opera in one act, with music by Arthur Sullivan and libretto by W. S. Gilbert. It was first produced on 25 March 1875, at London's Royalty Theatre, where it initially ran for 131 performances and was considered a hit, receiving critical praise and outrunning its...
, which did not exist in Puerto Rico's civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
system, was not among them).
Conscription
When the Selective Service Act of 1917Selective Service Act of 1917
The Selective Service Act or Selective Draft Act was passed by the Congress of the United States on May 18, 1917. It was envisioned in December 1916 and brought to President Woodrow Wilson's attention shortly after the break in relations with Germany in February 1917...
was passed two months later, it allowed conscription
Conscription
Conscription is the compulsory enlistment of people in some sort of national service, most often military service. Conscription dates back to antiquity and continues in some countries to the present day under various names...
to be extended to the island. Some 20,000 Puerto Rican soldiers were sent to World War I. Before the Act was signed, Puerto Ricans residents of the island who were not citizens of the United States (their citizenship since 1898 was Puerto Rican) were considered as aliens. But then Isabel Gonzalez
Isabel Gonzalez
Isabel González was a Puerto Rican activist who helped pave the way for Puerto Ricans to be given United States citizenship...
arrived in New York from Puerto Rico. US Immigration attempted to deport her back to Puerto Rico, but she appealed her case up to the Supreme Court (see: Gonzales v. Williams), and won immigration rights for all Puerto Ricans from that point forward. However, the Court fell just short of granting US Citizenship status. As such Puerto Ricans were ineligible for the draft. Prior to the Act, Puerto Ricans in the mainland United States who were permanent residents were required to register with the Selective Service System and could be drafted.
Legislative branch
The Act created a legislative system comprising two houses: a SenateSenate of Puerto Rico
The Senate of Puerto Rico is the upper house of the Legislative Assembly of Puerto Rico, the territorial legislature of Puerto Rico. The Senate is composed of 27 senators, representing eight constituent senatorial districts across the commonwealth, with two senators elected per district; an...
consisting of 19 members and a 39-member House of Representatives
House of Representatives of Puerto Rico
The House of Representatives of Puerto Rico is the lower house of the Legislative Assembly of Puerto Rico, the territorial legislature of Puerto Rico...
. All were elected by manhood suffrage for a term of four years. Acts of the Legislature could be vetoed by the governor, but his veto could be overridden by a two-thirds vote, in which case the President of the United States
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
would make the final decision.
Matters relating to franchises and concessions were vested in a Public Service Commission consisting of the heads of the executive departments, the auditor, and two elected commissioners. A Resident Commissioner
Resident Commissioner
Resident Commissioner is the title of several, quite different types of Commissioner in overseas possession or protectorate of the British Crown or of the United States.-British English:...
to the United States continued to be elected by popular vote for a four-year term; the Resident Commissioner's duties included representing Puerto Rico in the U.S. House of Representatives, with a voice but without vote, as well as before the executive departments in Washington
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
.
Executive branch
Six executive departments were constituted: Justice, Finance, Interior, Education, Agriculture, Labor and Health. The governor, the attorney-general and the commissioner of education were appointed by the President with the approval of the U.S. Senate; the heads of the remaining departments by the governor of Puerto Rico, subject to the approval of the Puerto Rican Senate.The Governor of Puerto Rico
Governor of Puerto Rico
The Governor of Puerto Rico is the Head of Government of the Commonwealth of Puerto Rico. Since 1948, the Governor has been elected by the people of Puerto Rico...
was to be appointed by the President of the United States
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
, and not elected. All cabinet officials had to be approved by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
, and the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
had the power to veto any law passed by the Puerto Rican Legislature. Washington maintained control over fiscal and economic matters and exercised authority over mail services, immigration, defense and other basic governmental matters. Puerto Rico was not given electoral votes in the election of President, because the Constitution of the United States of America allowed only full-fledged states to have electoral votes.
Subsequent legislation
Portions of the Jones Act were superseded in 1948, after which the Governor was popularly elected. In 1948, U.S. Congress allowed Puerto Rico to draft its own ConstitutionConstitution 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...
which, when implemented in 1952, provided greater autonomy as a Commonwealth (according to the political sector in power in the island at the time).
Further reading
- Cabranes, Jose. Citizenship and the American Empire (1979) (legislative history of the statute, reprinted from the University of Pennsylvania Law ReviewUniversity of Pennsylvania Law ReviewThe University of Pennsylvania Law Review is a law review focusing on legal issues, published by an organization of second and third year J.D. students at the University of Pennsylvania Law School. It is the oldest law journal in the United States, having been published continuously since 1852...
). - Gatell, Frank Otto. "The Art of the Possible: Luis Muñoz Rivera and the Puerto Rico Bill." Americas 1960 17(1): 1-20.
- Morales Carrion, Arturo . Puerto Rico: A Political and Cultural History (1984).
- Picó, Fernando. Historia general de Puerto Rico. Río Piedras: Ediciones Huracán, (1986).