What do you think?
Rate this book
The Constitutional Evolution of Puerto Rico and Other U.S. Territories
Born and raised in the Commonwealth of Puerto Rico, a U.S. territory since 1898, I grew up with the logical notion that the Island was an integrated part of the United States of America. After all, the U.S. flag hung from every government building, as well as in all of my classrooms. I learned the pledge of allegiance and the Star Spangled Banner when I was a toddler. The only passport I have ever possessed is a U.S. one. My late grandfather and most of his peers honorably served in our Armed Forces during World War II, while those from my father’s generation served in Korea and Vietnam. My grandmother was a U.S. Navy civilian employee for over four decades, stationed until her retirement in one of the many military bases in Puerto Rico.
At age seventeen I moved to Massachusetts to attend college, and later, law school. Until my twenty-sixth birthday, I was able to participate in national elections and exercise my constitutional right as a U.S. citizen to vote for our President, as well as the Senators from said State and the Congressmen from my district. Armed with a law degree and admission to the Massachusetts bar, I planned on remaining in there throughout my career. That would probably have been the end of this narrative. I was, nonetheless, selected for aclerkship with the Chief Judge of the U.S. District Court in Puerto Rico, and thus decided to head to my birthplace for one or two years, hence avoiding the New England Winter and being able to spend some time with my family. What better job, I thought, than one in a tropical paradise within the United States.
Little did I suspect at the time that my stay in Puerto Rico would prolong itself until the present. During this period, I have had the opportunity of developing a fascinating, unique, hands-on, legal as well as academic understanding and perspective of the intriguing relationship that has evolved between the Island and the United States of America for the past 120 years. That is the subject of this book.
Over the years, as a lawyer, federal judge and law professor, I have written and lectured on the juridical nuances between territory and metropolis and the indisputable fact that the U.S. Constitution does not fully follow the Flag here. Over four million U.S. citizens reside in several of the Nation’s overseas Puerto Rico, Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands. Unlike their brethren in the fifty States, they are treated disparately by the federal government. These citizens, more importantly, lack the right to participate in National elections, and hence, are not represented in the White House, Senate or House of Representatives, where decisions that greatly impact their everyday lives take place.
This book is intended to provide the reader with a comparative perspective of the status and evolution of Puerto Rico and other U.S. Flag territories. It is not a book about politics, nor one that explores whether, moving forward, Puerto Rico or other insular areas should remain as territories, become States, or attain any form of sovereign status. Such determination lies in the hands of the U.S. citizens of the several non-state areas and the Congress of the United States. However, for those seeking a political solution, as well as those interested in learning about this most fascinating and controversial subject, this book is a starting point for what I hope will be an intellectually honest discussion.
At age seventeen I moved to Massachusetts to attend college, and later, law school. Until my twenty-sixth birthday, I was able to participate in national elections and exercise my constitutional right as a U.S. citizen to vote for our President, as well as the Senators from said State and the Congressmen from my district. Armed with a law degree and admission to the Massachusetts bar, I planned on remaining in there throughout my career. That would probably have been the end of this narrative. I was, nonetheless, selected for aclerkship with the Chief Judge of the U.S. District Court in Puerto Rico, and thus decided to head to my birthplace for one or two years, hence avoiding the New England Winter and being able to spend some time with my family. What better job, I thought, than one in a tropical paradise within the United States.
Little did I suspect at the time that my stay in Puerto Rico would prolong itself until the present. During this period, I have had the opportunity of developing a fascinating, unique, hands-on, legal as well as academic understanding and perspective of the intriguing relationship that has evolved between the Island and the United States of America for the past 120 years. That is the subject of this book.
Over the years, as a lawyer, federal judge and law professor, I have written and lectured on the juridical nuances between territory and metropolis and the indisputable fact that the U.S. Constitution does not fully follow the Flag here. Over four million U.S. citizens reside in several of the Nation’s overseas Puerto Rico, Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands. Unlike their brethren in the fifty States, they are treated disparately by the federal government. These citizens, more importantly, lack the right to participate in National elections, and hence, are not represented in the White House, Senate or House of Representatives, where decisions that greatly impact their everyday lives take place.
This book is intended to provide the reader with a comparative perspective of the status and evolution of Puerto Rico and other U.S. Flag territories. It is not a book about politics, nor one that explores whether, moving forward, Puerto Rico or other insular areas should remain as territories, become States, or attain any form of sovereign status. Such determination lies in the hands of the U.S. citizens of the several non-state areas and the Congress of the United States. However, for those seeking a political solution, as well as those interested in learning about this most fascinating and controversial subject, this book is a starting point for what I hope will be an intellectually honest discussion.
274 pages, Mass Market Paperback
Published January 1, 2017
11 people are currently reading
113 people want to read
Ratings & Reviews
Friends & Following
Create a free account to discover what your friends think of this book!
Community Reviews
Displaying 1 - 3 of 3 reviews
March 20, 2018
[disclaimer: Gustavo is a close friend. Nevertheless I'm trying to write as fair a review as I can.]
This is a collection of legal articles and judicial opinions, all of them quite readable even for this layman, tied together under a unifying theme and each prefaced with a short introduction. I found it powerful. Although I've read some of the pieces over the last ten years, reading them in one compilation and with the rest of the material was striking. The author, with remarkable professional detachment, strongly nails down the point that Puerto Rico's current status as an American colony is inconsistent with constitutional and democratic principles.
It's understandable why it remains so: no Congress and no Administration will want to touch this issue, it's a mess. It's understandable, but cowardly and indefensible—how much more so in these days after Hurricane María. I believe that most people reading this book would find it morally necessary to address and resolve PR's status; my hope is that this book reaches the right persons.
This is a collection of legal articles and judicial opinions, all of them quite readable even for this layman, tied together under a unifying theme and each prefaced with a short introduction. I found it powerful. Although I've read some of the pieces over the last ten years, reading them in one compilation and with the rest of the material was striking. The author, with remarkable professional detachment, strongly nails down the point that Puerto Rico's current status as an American colony is inconsistent with constitutional and democratic principles.
It's understandable why it remains so: no Congress and no Administration will want to touch this issue, it's a mess. It's understandable, but cowardly and indefensible—how much more so in these days after Hurricane María. I believe that most people reading this book would find it morally necessary to address and resolve PR's status; my hope is that this book reaches the right persons.
May 12, 2018
This book is an attempt and a good one at that explaining why puertorricans living in the island are second class US citizens from a legal point of view. In this case judge Gelpi offers a variety of examples finishing with the Sanchez Valle case. In this case judge Gelpi opines the same way as federal judge Torruellas. And is the main argument of today's NPP leaders such as former governor Pedro Rosello. My view is that it will be the courts (when they find the guts to do so) that will decide the political status of Puerto Rico. I am no lawyer (don't pretend to be one) but waiting for Congress is a waste of time.
Read
October 4, 2022#JudgeGelpí4SCOTUS?
Displaying 1 - 3 of 3 reviews