Skylar
Diamond Member
- Jul 5, 2014
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Not by the people ,, they are foreigners to meAre Puerto Ricans constitutional citizens?Were Puerto Ricans subject to the vietnam war draft?If you're talking about the Puerto Rican Supreme Court's recognition that Puerto Ricans were citizens of Puerto Rico......what change? The US government had recognized that for far, far longer.
Puerto Ricans are citizens of Puerto Rico...AND the United States. Just like someone residing in Texas is a citizen of the State of Texas AND the United States.
Remember, you're clueless. It tends to hamper your arguments. Which is why you keep making up imaginary pseudo-legal 'requirements'.
Irrelevant. As being subject to the draft isn't a requirement for citizenship either.
Any other imaginary pseudo-legal 'requirements' you want to make up? That they have to have Driver's Licenses to be US citizens? That they have to have a Facebook Account? That they're legally required to speak English or be right handed?
The only requirement that a Puerto Rican has to be a US Citizen.....is being born in Puerto Rico.
§1402. Persons born in Puerto Rico on or after April 11, 1899
All persons born in Puerto Rico on or after April 11, 1899, and prior to January 13, 1941, subject to the jurisdiction of the United States, residing on January 13, 1941, in Puerto Rico or other territory over which the United States exercises rights of sovereignty and not citizens of the United States under any other Act, are declared to be citizens of the United States as of January 13, 1941. All persons born in Puerto Rico on or after January 13, 1941, and subject to the jurisdiction of the United States, are citizens of the United States at birth.
(June 27, 1952, ch. 477, title III, ch. 1, §302, 66 Stat. 236 .)
Your imagination loses again.
Supreme Court Justice Edward D. White attempted to answer this question when he wrote a concurring opinion in Downes v. Bidwell. His opinion is regarded by scholars as the source of the doctrine on territorial incorporation. The doctrine contains three basic elements.
First, it recognizes a difference between incorporated territories – those meant to become states – and unincorporated territories.
Second, Congress is granted absolute power to enact legislation extending or withholding constitutional provisions. In other words, only fundamental constitutional rights are guaranteed in unincorporated territories, not the full application of civil rights.
Third, unincorporated territories can be selectively governed as foreign locations in a constitutional sense. That means that so long as Congress is not violating the fundamental constitutional rights of Puerto Ricans, Congress can choose to treat Puerto Rico as a foreign country for legal purposes.
The prevailing consensus to this day is in line with White’s interpretation – that the Citizenship Clause of the 14th Amendment does not extend to Puerto Rico. Since the Downes ruling, for 116 years, Congress has governed Puerto Rico as a separate and unequal territory.
Are Puerto Ricans really American citizens?
With congress recognizing that anyone one born in Puerto Rico is a citizen, the birth right citizenship issue under the 14th amendment is irrelevant.
§1402. Persons born in Puerto Rico on or after April 11, 1899
All persons born in Puerto Rico on or after April 11, 1899, and prior to January 13, 1941, subject to the jurisdiction of the United States, residing on January 13, 1941, in Puerto Rico or other territory over which the United States exercises rights of sovereignty and not citizens of the United States under any other Act, are declared to be citizens of the United States as of January 13, 1941. All persons born in Puerto Rico on or after January 13, 1941, and subject to the jurisdiction of the United States, are citizens of the United States at birth.
(June 27, 1952, ch. 477, title III, ch. 1, §302, 66 Stat. 236 .)
And the law passed by Congress, which has sole authority over issues of naturalization, is crystal clear on whether those born in Puerto Rico are US citizens.
Try again.
You're not 'the people'. Nor is 'foreigners to me' a legal standard. Its just more meaningless pseudo-legal gibberish.
Back in reality, the law establishes the only legal requirements for Puerto Ricans to be US Citizens: being born in Puerto Rico.
§1402. Persons born in Puerto Rico on or after April 11, 1899
All persons born in Puerto Rico on or after April 11, 1899, and prior to January 13, 1941, subject to the jurisdiction of the United States, residing on January 13, 1941, in Puerto Rico or other territory over which the United States exercises rights of sovereignty and not citizens of the United States under any other Act, are declared to be citizens of the United States as of January 13, 1941. All persons born in Puerto Rico on or after January 13, 1941, and subject to the jurisdiction of the United States, are citizens of the United States at birth.
(June 27, 1952, ch. 477, title III, ch. 1, §302, 66 Stat. 236 .)
That you disagree is meaningless.