(The report of the Senate Committee on Interior and Insular Affairs on S.J. Res. 151, the companion measure in the Senate to H.J. Res. 430, the bill that became Public Law 447, 82d Cong., approving the Constitution of Puerto Rico, is set forth below.)

[S. Rept. 1720, 82d Cong., 2d sess.]

The Committee on Interior and Insular Affairs to whom was referred the joint resolution (S.J. Res. 151) approving the Constitution of the Commonwealth of Puerto Rico, having considered the same, hereby recommend that the resolution be passed with the following amendments:

Ôn page 2, line 11, strike out the comma and the words "effective as of the date of the enactment of this joint resolution." and insert in lieu thereof the following: "Except section 20 of article II of said Constitution: Provided, That section 5 of article II thereof, shall have no force and effect until amended by the people of Puerto Rico under the procedure prescribed by article VII of the constitution of the Commonwealth of Puerto Rico, by adding to such section 5 the following declaration: "Compulsory attendance at elementary public schools to the extent permitted by the facilities of the state as herein provided, shall not be construed as applicable to those who receive elementary education in schools established under nongovernmental auspices": Provided further, That the constitution of the Commonwealth of Puerto Rico hereby approved, shall become effective when the Constitutional Convention of Puerto Rico shall have declared in a formal resolution its acceptance in the name of the people of Puerto Rico of the conditions of approval herein contained, and when the Governor of Puerto Rico being duly notified by the proper officials of the Constitutional Convention of Puerto Rico, that such resolution of acceptance has been formally adopted, shall issue a proclamation to that effect.

Section 20 of article II purports to recognize a number of so-called human rights We may pass for present purposes the question as to whether these or any of them are in fact human rights and under our system of government should have constitutional protection.

To constitute an effective right there must be a well-founded and enforceable claim with a correlative and enforceable duty upon others to satisfy it. Corresponding enforceable duties to the rights asserted cannot be determined and fixed under section 20, and therefore it is unrealistic, confusing, and misleading to assert such rights in a constitution which is intended to be a fundamental and clear statement of matters which are enforceable and of the limitations on the exercise of power.

Because of the novelty of the assertion of these so-called human rights as constitutional rights the confusions and uncertainties to which we have referred are not remedied by our judicial precedents and constitutional history.

The declaration is not self-enforcing and it does not establish clear rights, duties, or bounds for legislative implementation. Indeed, the language of the last two paragraphs of the proposed section demonstrates the uncertain and speculative nature of the entire section.

We do not believe it advisable to approve the proposed section of a basic charter for government containing these obvious defects.

It is noted that sections 16 to 18, inclusive, state as rights a number of subjects which have been considered by legislatures and courts in American jurisdictions. The committee assumes that these sections are not intended to be self-executing but may be implemented by legislation containing standards and meeting other constitutional requirements.

GOVERNMENT MUST BE REPUBLICAN IN FORM AND SUBSTANCE

The committee notes references on the proposed constitution to a "fully democratic basis" (preamble), "the democratic system" (preamble), "democratic heritage" (preamble), “democratic system of government" (preamble), “the people in a democracy" (art. II, sec. 19).

The committee understands that these references are not intended to and shall not in any way enlarge, diminish, change or modify the fact that the government under this proposed constitution is intended to be and must be republican in form and substance; that to the extent these references express ideals or aspirations they are understood to be consistent with a government republican in form and substance. The committee also assumes that the first sentence of section 19 of article

II means that the enumeration of rights in the proposed constitution shall not be construed to deny or disparage others lawfully retained by the people of Puerto Rico and that lawfully retained powers not delegated to the government of Puerto Rico are reserved to the people thereof.

With respect to section 5 of article II, it seemed possible to the committee that the language on the constitution as submitted to the Congress was susceptible of interpretation that the government of Puerto Rico upon the construction of sufficient facilities would have the power to require all children to attend public elementary schools and thus deprive them of their right to choose between public and nongovernmental schools. Testimony before the committee made it clear that this interpretation was not intended. It was decided, however, that it would be desirable to avoid possible misconstruction by recommending the adoption of a clarifying amendment under the provision of article VII of the constitution of the Commonwealth of Puerto Rico.

HISTORY OF THE LEGISLATION

The constitution of Puerto Rico was adopted in conformity with the provisions of the act of July 3, 1950 (Public Law 600, 81st Cong.; 64 Stat. 319). The text of the law is set forth in full in the appendix. The act provides that it should be submitted to the people of Puerto Rico, and if approved by them, the Legislature of Puerto Rico would be authorized to call a constitutional convention to draft a constitution for the island. Public Law 600 was so drawn that the constitution to be drafted superseded those sections of the Organic Act of Puerto Rico, the present basic law under which the island is governed, which relate exclusively to local government of the island.

The constitution drafted by the convention then was to be submitted to the people of Puerto Rico. If adopted by them, it was to be submitted to the President of the United States. If the President found it to be in conformity with the applicable provisions of Public Law 600 and of the Constitution of the United States, he was to transmit it to the Congress. If approved by the Congress, the constitution is to become effective in accordance with its terms. Thereupon, specific sections of the organic act shall be deemed repealed. The scetions not repealed remain in full force and effect and are to constitute and be known as the Puerto Rican Federal Relations Act.

All the preceding conditions save that of approval by the Congress have been fulfilled. It is for the Members of the Senate now to determine whether that constitution so authorized, drafted, adopted, and transmitted shall come into effect, with the changes recommended by the committee.

APPROVAL BY THE PEOPLE OF PUERTO RICO

The Referendum Act of 1950, enacted by the Legislature of Puerto Rico, made provision for submission of Public Law 600 to the voters of Puerto Rico, for the election of delegates to a constitutional convention, and for voting by the people of Puerto Rico on the constitution drafted by the convention. On June 4, 1951, the people of Puerto Rico voted 387,016 to 119,169 to accept Public Law 600. The votes cast represented an estimated 65 percent of the total eligible electorate. In the elections held on August 27, 1951, about 65 percent of the eligible electorate voted for delegates to the constitutional convention. The Popular Democratic Party elected 70 delegates, the Statehood Party elected 15 and the Socialist (Labor) Party elected 7. Many of Puerto Rico's leading citizens were members of the convention.

The constitutional convention met on September 17, 1951, and the Resident Commissioner for Puerto Rico, Dr. Antonio Fernós-Isern, was elected chairman. Debate was full, and the convention did not complete its work until February 1952, when it adopted the constitution by a vote of 88 to 3, one delegate being absent. As a part of the deliberations the constitutions of the 48 States were carefully analyzed and their provisions debated.

The constitution drafted by the convention is the product of much careful thought and sober consideration of the needs and aspirations of Puerto Rico. It contains much that may be found in the constitutions of the States. It was published in English and Spanish in Puerto Rican daily newspapers and was displayed in public places throughout the island.

The proposed constitution was submitted to the people of Puerto Rico on March 3, 1952, and was adopted by them by the impressive vote of 373,418 to 82,743. Two of our legislative colleagues in the other body were invited by the

Governor of Puerto Rico to be present at the elections. They traveled freely and entirely without official guidance or chaperoning to election places chosen by them, at which they talked freely with voters and election officials. They reported to the Senate committee their observation that the elections were completely free and were not in any way dominated by the majority party of individual proponents of the constitution. Avowed opponents of the constitution stated to the congressional observers that no effort had been made to coerce affirmative votes and that voters were free to vote as they pleased. The Congressmen were impressed by the measure taken to guard against "repeaters" and to assure secrecy of balloting and security of ballots once cast.

FINDINGS OF THE PRESIDENT

On April 22, 1952, the President transmitted the constitution as adopted by the people of Puerto Rico to the Congress, with his approval and a message in which he stated that he had found the constitution to contain a bill of rights, to provide for a republican form of government, and to be in conformity with the applicable provisions of Public Law 600 and of the Constitution of the United States. The full text of the President's message is set forth below.

This committee promptly held hearings on the joint resolution approving the constitution. Representatives of the Interior Department testified urging immediate passage of the resolution. Two Members of the House appeared before the committee, and the committee heard the Honorable Luis Munoz-Marin, who is the elected Governor of Puerto Rico, and other elected and appointed officials of the island.

The committee has given careful consideration to all testimony and to all the numerous communications received, as well as to the constitution itself, and recommends that, as amended, Senate Joint Resolution 151 receive speedy approval by the Senate, so that the constitution may come into effect and elections may be held in accordance with its provisions at the same time as the coming national elections in the continental United States.

PROVISIONS OF THE CONSTITUTION

The constitution expressly provides for a republican form of government, and in article II contains a bill of rights, which contains the safeguards to be found in the Constitution of the United States, and also includes some additional provisions, such as the prohibition of the death penalty and the practice of wiretapping, and the keeping in custody in a jail or penitentiary of any child less than 16 years of age. Only the legislative assembly, composed of the two popularly elected legislative houses, will have power to suspend the privilege of the writ of habeas corpus.

The committee notes the fact that the constitutional convention of Puerto Rico in drafting the new constitution clearly indicated its purpose to establish a free government patterned after the governments of the several States. This purpose was specifically set forth in article II, which constitutes the bill of rights, by section 7 thereof in which the enjoyment of the right of private property is recognized as fundamental. Section 9 of the same article provides that such property, in the specific words "shall not be taken or damaged for public use except upon payment or just compensation and in the manner provided by law." The committee recognizes the constitution as a whole and in the bill of rights in particular the desire and intention of the people of Puerto Rico to make their new government a true servant of the people and not in any way their master. Article III makes provision for the legislative assembly and includes an unusual and significant section guaranteeing that there shall be representation in the assembly for minority parties. The procedure will assure that there will be a minimum aggregate of 17 minority party members in the house of representatives and 9 members in the senate, allocated among the minority parties in proportion to the total votes cast by each party in the gubernatorial election. Thus, the minority parties will be able to have representation on all legislative committees. Article IV relates to the executive branch of government. The authority customarily reposed in the chief executive has been given to the Governor, with the significant omission of power to suspend the writ of habeas corpus, which power, as already stated, has been transferred to the legislative assembly.

Article V makes provision for the judiciary. The supreme court will be responsible for the administration of the courts, whereas under the organic act this authority has been that of the attorney general of Puerto Rico. A provision worth noting is that the number of justices fixed by the constitution (a chief

justice and four associate justices) may be changed only by law at the request of the court itself. Article VI contains general miscellaneous provisions. Article VII prescribes the manner in which the constitution may be amended and provides that no amendment shall alter the republican form of government estabished by it or abolish its bill of rights. Article VIII establishes the senatorial and representative districts and article IX contains provisions relating to the transition period immediately following the coming into force of the constitution and prior to the taking of office of officials in accordance with its terms.

EFFECT OF APPROVAL

The committee wishes to take this opportunity to comment on the legal situation with respect to the relations between the Federal Government and Puerto Rico which will follow upon approval of the constitution by the Congress. Section 5 of Public Law 600 provides that at such time as the constitution of Puerto Rico becomes effective, certain specified sections of the act of March 2, 1917, as amended, the present Organic Act of Puerto Rico, shall be deemed repealed. The remaining provisions of the organic act will continue in force and effect and will be cited as the Puerto Rican Federal Relations Act. The provisions of the organic act which will be repealed are the bill of rights; the directive that the capital shall be at San Juan; the organization of the executive, legislative, and judicial branches of the territorial government, the manner in which each shall be appointed or elected, and the scope of authority entrusted to each; the manner in which laws shall be enacted; and other provisions of like character. Each of these relates wholly to matters which are the concern of local government and which may be found in the constitutions of the States. It was expected, and such is in fact the case, that the constitution to be adopted by the people of Puerto Rico would cover the same ground and render unnecessary the retention of these provisions on the Federal statute books.

THE FEDERAL RELATIONS ACT

The provisions of the present organic act which will remain in force and effect as the Puerto Rican Federal Relations Act, however, relate to matters affecting not the internal affairs of Puerto Rico but the relationship of Puerto Rico to the United States. A few references to these provisions will suffice to demonstrate their character. The full text is set forth in the appendix.

The rights, privileges, and immunities of citizens of the United States shall be respected in Puerto Rico to the same extent as though Puerto Rico were a State and subject to the provisions of article IV, section 2, of the Constitution of the United States; no discrimination shall be made by Puerto Rican internal-revenue taxes between articles imported into Puerto Rico from the United States and similar articles produced or manufactured in Puerto Rico; the statutory laws of the United States, not locally inapplicable, shall have the same force and effect in Puerto Rico as in the United States, except the internal-revenue laws.

FEDERAL AUTHORITY NOT IMPAIRED

The enforcement of the Puerto Rican Federal Relations Act and the exercise of Federal authority in Puerto Rico under its provisions are in no way impaired by the Constitution of Puerto Rico, and may not be affected by future amendments to that constitution, or by any law of Puerto Rico adopted under its constitution. Applicable provisions of the U.S. Constitution and the Federal Relations Act will have the same effect as the Constitution of the United States has with respect to State constitutions or State laws. U.S. laws not locally inapplicable will have equal force and effect in Puerto Rico as throughout the States except as otherwise provided in the Federal Relations Act. Any act of the Puerto Rican Legislature in conflict with the Puerto Rico Federal Relations Act or the requirements of the Constitution of Puerto Rico as set forth in Public Law 600 or the Constitution of the United States or U.S. laws not locally inapplicable would be null and void.

Within this framework, the people of Puerto Rico will exercise self-government. As regards local matters, the sphere of action and the methods of government bear a resemblance to that of any State of the Union.

Puerto Rico does not become a member State of the Union under this resolution nor is there any promise of statehood. Its people will not participate in national elections nor do they gain representation in Congress other than they now have.

GOVERNMENT BY CONSENT

Approval of this constitution will make the historic American concept of "government by consent of the governed" a reality for the 24 million American citizens in the American territory of Puerto Rico. This concept is set forth in our Declaration of Independence and has been realized through our State constitutions within the Federal system.

The Commonwealth of Puerto Rico is not a State of the United States.

Neither

is it an independent republic. It is a self-governing community bound by the common loyalties and obligations of American citizens living under the American flag and the American Constitution and enjoying a republican form of government of their own choosing.

In accordance with their express wishes the people of Puerto Rico are establishing self-government in the security and dignity of continued union with the United States on the basis of relationships which have developed through many

years.

MESSAGE OF THE PRESIDENT

There is herein set forth the message of the President of the United States transmitting the proposed constitution to the Congress with his findings and recommendations for approval.

[H. Doc. No. 435, 82d Cong., 2d sess.]

MESSAGE FROM THE PRESIDENT OF THE UNITED STATES TRANSMITTING THE CONSTITUTION OF THE COMMONWEALTH OF THE PUERTO RICO, ADOPTED BY THE PEOPLE OF PUERTO RICO ON MARCH 3, 1952

To the Congress of the United States:

I am transmitting to the Congress for approval the Constitution of the Commonwealth of Puerto Rico, adopted by the people of Puerto Rico on March 3, 1952. The constitution has been submitted to me pursuant to the act of July 3, 1950 (64 Stat. 319 (48 U.S.C., Supp. IV, 731b-731e)). This act authorizes me, upon adoption of a constitution by the people of Puerto Rico, to transmit the constitution to the Congress if I find that it conforms with the applicable provisions of the act and of the Constitution of the United States. I do find and declare that the Constitution of the Commonwealth of Puerto Rico conforms with the applicable provisions of the act of July 3, 1950, and of our own Constitution.

Fully recognizing the principle of government by consent, the act of July 3, 1950, authorized the people of Puerto Rico to organize a republican form of government pursuant to a constitution of their own choosing. The act was adopted by the Congress of the United States "in the nature of a compact." By its own terms, the act could become effective only when accepted by the people of Puerto Rico in a referendum.

On June 4, 1951, the people of Puerto Rico voted by a large majority to accept the act of July 3, 1950, thereby reaffirming their union with the United States on the terms proposed by the Congress. Following the referendum, the voters of Puerto Rico elected delegates to a constitutional convention. The convention convened in San Juan on September 17, 1951, and concluded its deliberations on February 6, 1952.

The constitution approved by the constitutional convention was submitted to the people of Puerto Rico in a referendum on March 3, 1952. It was adopted by an overwhelming majority.

In the course of its studies and deliberations, the constitutional convention made a careful analysis of the constitutions of each of the States of the Union, as well as that of the Federal Government. As a result, the Constitution of the Commonwealth of Puerto Rico contains many provisions which are common to constitutions which have been adopted by the States, as well as other provisions which are designed primarily to meet local problems.

The constitution establishes the government of the Commonwealth of Puerto Rico with three coordinate branches of government: legislative, executive, and judicial. The city of San Juan is designated as the seat of government.

The legislative power of the Commonwealth of Puerto Rico is vested in the legislative assembly, consisting of a senate composed of 27 members and a house of representatives composed of 51 members. Members of the senate and the house of representatives are to be elected by direct vote at each general election