The Jones–Shafroth Act, Pub.L. 64-368, 39 Stat. 951, enacted March 2, 1917, also known as the Jones Act of Puerto Rico or Jones Law of Puerto Rico, was an Act of the United States Congress and President Woodrow Wilson that replaced the Foraker Act of 1900 and established civilian government on the island of Puerto Rico.
The people of Puerto Rico were empowered to have a popularly-elected Senate, established a bill of rights, Puerto Ricans were collectively made U.S. citizens, and authorized the election of a Resident Commissioner to a four year term.
It was superseded by Pub.L. 82-447 of 1952 which recognized the Constitution of Puerto Rico.
Contents |
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 Rivera[1], the Resident Commissioner in Washington, argued in its favor, giving several significant speeches in the House of Representatives.[2] 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."
The Act made all citizens of Puerto Rico U.S. citizens collectively[3] and revised the system of government in Puerto Rico. 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).
When the Selective Service Act of 1917 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.[4][5]
The Act created a legislative system comprising two houses: a Senate 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.
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 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.
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 Constitution which, when implemented in 1952, provided greater autonomy as a Commonwealth (according to the political sector in power in the island at the time).