Jones–Shafroth Act: Difference between revisions

For the law regarding sailor rights, see the Jones Act

The Jones-Shafroth Act (1917), better known as the "Jones Act" (after sponsor Congressman Walter Jones), or the "Organic Act for Puerto Rico," replaced the Foraker Act of 1900. It conferred full United States citizenship on all citizens of Puerto Rico. It created the present system of government in Puerto Rico by creating a government mirroring that of an American state, but Puerto Rico never was made a state. The Act allowed conscription to be extended to the island, which sent 20,000 soldiers to the U.S. Army during the First World War. Powers were separated among an Executive, Judicial, and Legislative branch. The law also provided civil rights to the individual (except trial by Jury)

The Jines Act and created a locally elected legislature. The two houses were 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. The President had a final veto. 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, paid by Washinton, would be elected by popular vote for a term of four years; he represents the island in the U.S. House of Representatives, with a voice but without vote, and is recognised by all departments in Washington.

Six executive departments were constituted: Justice, Finance, Interior, Education, Agriculture, Labour 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 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 an electoral vote because the Constitution allowed only full-fledged states to have electoral votes.

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 Munoz Rivera, the resident commissioner in Washington, argued in its favor, giving several significant speeches in the House of Representatives. 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 was signed into law by President Woodrow Wilson on March 2, 1917. Portions of the law were superseded in 1948, after which the Governor was popularly elected, and in 1952 Puerto Rico was allowed to draft its own Constitution, which allowed greater autonomy as a Commonwealth.

• Gatell, Frank Otto. "The Art of the Possible: Luis Muñoz Rivera and the Puerto Rico Jones Bill." Americas 1960 17(1): 1-20.
• Carrion, Arturo Morales. Puerto Rico: A Political and Cultural History (1984).
• Picó, Fernando. Historia general de Puerto Rico. Río Piedras: Ediciones Huracán, (1986).

• Jones Act -- Articles & Definitions
• Jones-Shafroth Act - The Library of Congress
• Spanish text