HARVARD LAW REVIEW
April 19, 2017
Comments by Nelson Rodriguez-Lopez, Esq
RECENTLY, some anacronic leaders from the PPD (Popular Democrat Party) have raised again the nature of the bilateral compact between Puerto Rico and the United States of America as the final solution for the Puerto Rico ' s status.
Curiously, this week, the prestigious Harvard Law Review (See Below) published an article questioning the legitimacy of the so-called Estado Libre Asociado (Purposely translated wrongly in Puerto Rico as "Commonwealth"). See:The International Place of Puerto Rico, Apr.10,2017 ,130 Harv.L.Rev.1656 ,
It is an excellent analysis of the true nature of the political and governmental relation between Puerto Rico and the United States.
First of all , the United Nations General Assembly Resolution 748, removing Puerto Rico from the list of Non-Self Governing Territories was ultimately mistaken --- the United Nations misjudged the level of internal autonomy enjoyed by Puerto Rico. Now is worse than in 1953! Puerto Rico does not meet current United Nations standards for self governance.
The extensive powers of PROMESA Oversight Board are fundamentally incompatible with the United Nations standards for self government. It also discussed the federal government 's apparent power to impose capital punishment for federal crimes committed on the island which is further evidence of significant interference in internal matters.
But what is heavily discredited is the so falsely called the Compact of Public Law 600 !The nature of the compact is heavily disputed, there is no self government in Puerto Rico, it failed to transfer the relationship between Congress and Puerto Rico.The Harvard Law Review states very well documented that it was more a public relation to riposte to Soviet yelpings about American imperialism ( the Washington Post ). The New York Times posted that Law 600 was disproving the Communist and Nationalist charges of Yankee imperialism.
"By de-listing the island, the United States escaped accountability for some international norms it worked to create, allowing ongoing violations of Puerto Rican sovereignty without international condemnation. " the Harvard Law Review continues stating .
THERE WAS NEVER A BILATERAL CONSENT DRIVEN AGREEMENT
Puerto Rico's First Governor Luis Muñoz Marin said of Law 600:
"The last juridical vestiges of colonialism have been abolished in our relationship with the United States. We are not taking another step in self government, this is self government "
This is absolutely questionable, and furthermore false!
In Sanchez Valle, the United States Supreme Court concluded:
"Congress conferred the authority to create the Puerto Rico Constitution, Congress is the original source of power for Puerto Rico 's prosecutors ......
The island' s Constitution, significant as it is, does not create a change in its territorial relationship with the United States"
THEREFORE, LET IT BE CLEAR THAT THE SO-CALLED COMPACT DOES NOT EXIST!
AND THERE IS NOT SUCH THING AS A COMPACT UNDER PUBLIC LAW 600!