Puerto Rico and Spain: Back to the Future?
- Mark Dworkin
- Jun 27
- 8 min read
John F. McKeon
Puerto Rico is a “country” within a country, with its own traditions, culture and its own dominant language, and a population of 3.2 million people. For over a century, the island has struggled with the complexities that are inherent in being a US Territory. Puerto Rican islanders are US. Citizens without full political rights. They do not have the ability to vote in presidential elections or send voting representatives to Congress. They feel like second-class citizens within their own country. Puerto Rico has high unemployment rates, a debt crisis, and limited access to federal funds and disaster relief. A small but growing minority in the territory believe that by joining Spain, Puerto Rico would have access to the resources of the European Union. This could provide financial assistance, trade benefits, and access to EU markets. Furthermore, the movement argues that by becoming part of Spain, Puerto Rico would be able to gain full political representation, a right that is currently denied under the current system
Some hold on to the hope that the island could and should be independent. However, the United States Congress has complete Constitutional authority and control over the island territory. Puerto Rico, currently an unincorporated territory(1) of the United States, could become a state, but it would require an act of the US Congress. While Puerto Rico has held several referendums on the matter, with recent votes favoring statehood, ultimately, the decision rests with the US Congress.
The US Supreme Court has emphasized this repeatedly.(2) Only Congress can legally sell or give away the islands. The Supreme Court has codified the total Constitutional power of Congress over unincorporated territories as absolute. Even though Puerto Rico has already chosen statehood through a free and fair vote.
The Puerto Rican possibility of statehood, continues to be a significant issue in Congress. A referendum saw a majority of voters in Puerto Rico support statehood, and many bills have been introduced to address the issue. However, the path to statehood remains complex, with both legislative and political hurdles to overcome. The Democratic and Republican parties have different perspectives on Puerto Rican statehood, with some Republicans expressing concerns about the potential political ramifications.(3) Against this backdrop, the idea of Puerto Rico aligning once again with Spain has been gaining traction. There are a very small number supporting this idea, but there are at least some in Puerto Rico and in Spain who like it. Would The US Constitution permit the United States to cede Puerto Rico back to Spain? Well..yes it is possible yet unlikely. Would the Monroe(4) Doctrine come into play? Possibly but it would need 4 work.
1. An unincorporated territory is a region belonging to a sovereign nation but not considered part of that nation's core territory under its constitution. In the United States, unincorporated territories are areas where the US Congress has determined that only some parts of the Constitution apply. These territories are distinct from incorporated territories, where the full force of the Constitution is applied.
2. -Insular Cases: This series of early 20th-century decisions established a distinction between "incorporated territories" (potentially becoming states) and "unincorporated territories" like Puerto Rico. The Court determined that the US Constitution does not fully apply to unincorporated territories. -Selective Application of the Constitution: This doctrine from the Insular Cases allows Congress to decide which constitutional protections apply to residents of unincorporated territories.
3. Statehood would grant Puerto Rico voting representation in the US Congress, with two Senators and multiple Representatives both parties, there is fear from the Republicans that this would sway the deadlocked congress to the Democratic Party
4. The Monroe Doctrine, proclaimed by President James Monroe in 1823, is a US foreign policy statement that warns European powers against future colonization or intervention in the affairs of the Americas.It became a cornerstone of US foreign policy and was used to justify various interventions in Latin America throughout the 19th and 20th centuries. While initially aimed at preventing European colonization, its interpretation evolved to encompass a broader claim of US dominance in the Western Hemisphere,
What if Puerto Rico could return to its place as a Comunidad Autónoma (Autonomous Community) of Spain? What would that look like? How did we get to this point? Let’s go back a back a bit to 1898.
At the end of the 19th century, Puerto Rico attempted to gain independence from Spain. The ‘Grito de Lares’(5) of 1868 was an armed insurrection against Spain. In 1871, Spain established martial rule, but in 1897 Spain gave a local Charter of Autonomy to Puerto Rico, offering home rule. A local government took its place in July of 1898, basically making the Island autonomous, but not for long! That was right before the Spanish American War and the US invasion the same 6 year.
Even if a great political will existed both in Spain and Puerto Rico of which there is little evidence of and none in the US for these changes, the negotiations could take decades
5. Grito de Lares (Cry of Lares), also referred to as the Lares revolt, was the first of two short-lived revolts against Spanish rule in Puerto Rico, staged by the Revolutionary Committee of Puerto Rico on September 23, 1868.
6 The Spanish-American War was a conflict in 1898 between Spain and the United States, triggered by the Cuban struggle for independence and the sinking of the USS Maine. The war resulted in Spain losing its remaining colonies, and the United States emerged as a global power
That being said there are many European Islands that are part of the EU in the Caribbean, but these territories were already part of the country when it joined the EU, if Puerto Rico joins Spain it will be the first time that any EU country will add a new territory or a new ‘autonomous province,' after joining. Many of the EU territories outside of Europe have made special accommodations. If it actually happens, Puerto Rico would become the 18th ‘Comunidad Autónoma’ (Autonomous Community) in Spain or simply called an Autonomía.(7)
What would Have to Happen?
Spain’s governing system is a ‘hybrid federalism’. Autonomous Communities have various degrees of centralization, agreed to individually between the region and the central government.(8) This means Puerto Rico would join and define their own powers. Like every other region, their powers would be entirely dependent on what they decided, (and what Spain would allow). Puerto Rico would adopt Spanish national holidays and symbols and they would be able to set their own regional holidays and symbols (anthem, flag, the king and the Crown etc).
Puerto Rico would have to adopt parliamentarism (the Spanish political system) and civil law (the Spanish legal system).(9) Puerto Rico would have to vote their regional parliament, the parliament would elect a regional president. In the next national elections they would vote for the Spanish Cortes(10) in Madrid. Puerto Rico would also vote for European elections to the European Parliament in Strasbourg and the European Union in Brussels. They will also be under all European regulations, for privacy, fishing and pollution standards are some examples.
As Spaniards they would be Europeans citizens with free movement, work and residence throughout Schengen Areain(11) Europe. Puerto Rico would adopt the euro as their currency and would be part of all the economic institutions of Spain and the Eurozone. It may be eligible for funds from Spain and the EU as well in order to develop the infrastructure of the island.
Puerto Rico would also have a right to healthcare and education, and low-cost access to universities, first in mainland Spain, then in all member European universities.The Island may see new hospital construction as Spanish law decrees fully equipped hospitals (one per 250,000) based on population. Though economic conditions in Spain may make this extremely difficult or highly unlikely .Puerto Rico would also have to adopt Spain's educational system
9. The US system is a constitutional federal democratic republic with a presidential system and uses Common Law
10. In Spanish, "Cortes" refer to the Cortes Generales, which is the Spanish Parliament, The name also has historical ties to medieval assemblies in Spain and Portugal
11. The Schengen Area is a group of 29 European countries that have abolished passport and other border controls at their mutual borders. This allows for free movement of people and goods between these countries, effectively creating a single jurisdiction for international travel. The name "Schengen" originates from a small village in Luxembourg where the initial agreement was signed in 1985
12 The Spanish Education System requires 3-6 years of Infantil, 6-12 ye ars of Primaria, 12-16 years of ESO, 16-18 years of Bachillerato plus 4–6 years of university under the European Bologna System. They would have freedom to change the system according to the region's history and culture up until university, including other languages or subjects that the regional government decides (example: pre-Spanish history, native American languages etc), plus the compulsory from Spain (Spanish language, English, third language of choice mostly French or German, maths, biology, chemistry, physics and Spanish-European history).
Puerto Rico would be more connected to Spain and could possibly serve as a major hub for Spanish multinationals with interests in Latin America, depending on the integration of Puerto Rico into the Spanish market.
The status of Puerto Ricans on the US mainland and the agreements reached with Spain may allow Puerto Ricans on island to retain both citizenships while the status of people living in the US mainland is less certain. The Spanish Armada would probably turn the island into an important base, Spanish soldiers would probably go to Puerto Rico for work and training. This could be a complication because as a NATO member US bases would also be permitted.
Conversely, a majority of Puerto Ricans are concerned about losing their US. Citizenship and the benefits that come with it, such as access to federal programs and social services. There are also concerns about adopting the Euro as the island’s currency and moving away from the US Dollar. A consideration of Puerto Rico’s past history of colonialism with Spain and returning to the same colonial power is a concern to some.
The separation movement reflects a desire for a fresh start, one where Puerto Rico could once again assert its identity as part of the European Union.
The idea of Puerto Rico realigning with Spain is an intricate and complex proposal. Many Puerto Ricans believe that remaining a US. Territory, or pursuing statehood is the best path forward. However, there is a small but growing movement advocating for reintegration with Spain. Either way, Puerto Rico’s political future is uncertain. The nascent movement to reintegrate with Spain is one of several ideas being looked at while the island seeks its political identity. The conversation about its future will continue, as it seeks political, economic, and cultural autonomy. The option of returning to its Spanish past in an effort to get to its Spanish future may not be viable but it surely expresses a renewed sense of hope and an overwhelming desire for change.