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Issued : Monday, July 26, 2010 12:00 AM
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The Big Lie

By : CARLOS ROMERO BARCELÓ
Edition: July 29, 2010 | Volume: 38 | No: 29

As we approach July 25 and Popular Democratic Party leaders start talking about the celebration to commemorate the “unforgettable” occasion when Puerto Rico became a “commonwealth,” by virtue of which act, the island allegedly ceased being a territory and gained full autonomy, I can’t help but think that instead of celebrating, we should hang our heads in shame. Why? Because prior to July 25, 1952, Puerto Rico was a colony, or territory if you wish, of the United States of America, by virtue of conquest in the Spanish-American War of 1898. The vote to establish a “commonwealth” didn’t achieve any full local autonomy for Puerto Rico. As a matter of fact, it accepted our colonial or territorial status. We are now a “colony” by choice, instead of by conquest. We should raise a black flag on July 25, to underscore our shame for freely endorsing our colonial relationship.

We were ceded to the U.S. by Spain, as a result of the Spanish-American War. That was nothing to be ashamed of. We were conquered by Spain and, after 400 years of being a colony of Spain, the territory, or colony, of Puerto Rico was ceded to the U.S. We didn’t become a colony, or territory, of the U.S. by choice, except for the fact that the vast majority of people born in Puerto Rico, or residing in Puerto Rico, welcomed the U.S. Army and were happy to become a U.S. colony, rather than being a colony of Spain.

When the U.S. gained possession of the island and became responsible for governing us, they found out we were “the poorhouse of the Caribbean.” At the turn of the 19th century, we were poorer than Cuba, poorer than Jamaica, poorer than what is now the Dominican Republic and, believe it or not, poorer than Haiti. Puerto Rico didn’t have a public health system or a public education system.

There was no religious freedom and only residents born in Spain or the children and direct descendants of Spanish subjects enjoyed citizenship.

We were granted U.S. citizenship by virtue of the Jones Act of 1917, which also established a Republican form of democratic government with a House of Representatives and Senate, whose members would be elected by all qualified votes in Puerto Rico. The Jones Act didn’t grant us the right to elect our own governor. However, in 1947, Congress passed a law granting us the right to elect our governor in 1948. The people elected Luis Muñoz Marín, who rose to power advocating independence, but opted in the process to work toward achieving full local autonomy for Puerto Rico. However, he was pursuing something that ran against the U.S. Constitution, which enumerates and defines the authority and powers of Congress.

What autonomists in Puerto Rico have failed or refused to accept is that Congress can’t divest itself of its authority and powers. Congress can decide not to exercise any one of its powers or its authority, but it can’t deny the next Congress any powers or authority granted to it by the U.S. Constitution.

In other words, if we want to keep our U.S. citizenship there can be no full local autonomy, since we always will be subject to those congressional powers and authority which Congress chooses to exercise. If Puerto Rico were to aspire to sovereignty, it can’t aspire to U.S. citizenship for all those born in Puerto Rico. There precisely lies the problem for those who keep telling the people of Puerto Rico we can achieve separate national sovereignty and maintain our right to be natural-born citizens if born in Puerto Rico.

The truth of the matter is that our so-called “commonwealth” status hasn’t granted us “full local autonomy.” We are bound by federal laws, such as those for: labor, minimum wage, banking, public health, the environment, definitions of criminal behavior and violations, transportation and many more. As a matter of fact, we are protected and ruled by the U.S. Constitution and even federal laws are above our own local constitution. In other words, if a conflict arises between our local constitution and a federal law, the federal law will prevail. Furthermore, the federal court has the power to overrule our Supreme Court in the interpretation of federal laws, even in the interpretation and application of our own local laws.

However, despite all these legal and constitutional realities, the political leaders of the Popular Democratic Party, led by Luis Muñoz Marín, started and carried out an intense publicity campaign in which they lied to the people and misled them regarding what was achieved on July 25, 1952. The truth of the matter is that the only three things we achieved with the whole plebiscite process in 1951 and 1952, was to change the official name of “The Territory of Puerto Rico” to the “Commonwealth of Puerto Rico” and to rewrite the Jones Act into a constitution, thereby giving our consent to the colonial relationship. Nonetheless, as is said in Puerto Rico: “El mono, aunque lo vistas de seda, mono se queda” (Even if you dress a monkey in silk, it still will be a monkey.)

During the congressional hearing held to examine Public Law 600, Muñoz Marín wanted to change the name in English to the exact translation of the name in Spanish: “Estado Libre Asociado” or Free Associated State. However, Abe Fortas, Muñoz Marin’s attorney in Washington, warned Muñoz that the name in English would never be accepted by Congress, precisely because Puerto Rico was neither a state, nor free. In other words, because the name was a “lie.”

However, Muñoz kept the name in Spanish and he and his political allies repeated the name “ad nauseam” and used it at every available opportunity to brainwash the people of Puerto Rico. They even went as far as joining with the U.S. State Department to lie to the United Nations, claiming that by “establishing” the commonwealth, Puerto Rico had achieved full local autonomy. They didn’t mention that Puerto Rico remained subject to the legislative power and authority of the U.S. Congress, subject to presidential and other executive branch decisions, and that the highest judicial authority in Puerto Rico was the federal courts, presided by judges, appointed by the U.S. president, for whom we don’t vote, and approved by the U.S. Senate, where we have no representation.

Our people have been lied to and misled by the leaders of the Popular Democratic Party for 58 years, a lie that has been a big obstacle in our attempts to put an end to our colonial relationship with the U.S.

At least two prominent “commonwealth” proponents have repented about having lied to the people: the first was José Trias Monge, former chief judge of the Puerto Rico Supreme Court, and Muñoz Marín and the Popular Democratic Party’s legal adviser. Together with Abe Fortas, they were the legal architects of Public Law 600. They were also the main lobbyists in Congress for the adoption of the “commonwealth” process; the second one was the former mayor of Caguas, William “Willie” Miranda Marín, may he rest in peace.

After he retired, Trías Monge acknowledged Puerto Rico was the world’s last colony.

During his last year, “Willie” Miranda Marín acknowledged he and the Popular Democratic Party leadership had been lying to the people about the alleged “full autonomy” of Puerto Rico’s relationship with the U.S.

Should we celebrate July 25, or should we mourn in shame? To accept and endorse our colonial relationship was a shameful event in our history.

As Abraham Lincoln said: “You can lie to some of the people all the time, and you can lie to all the people some of the time, but you can’t lie to all the people, all of the time.”

Carlos Romero Barceló is a two-term former governor of Puerto Rico (1977-’84), a two-term former resident commissioner (1993-2000) and a two-term former mayor of San Juan (1969-’78). He was president of the New Progressive Party for 11 years. He is now a consultant involved in real estate, doing business as CRB Realty. His email address is rbarcelo@prtc.net. Comments on this article are welcome at caribbeanbusinesspr.com. Go to Sign in link on the homepage. Emails also may be sent to column@caribbeanbusinesspr.com

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