The remainder of the document consists of nine articles:
Article One: The Commonwealth Article One establishes the new government for the unincorporated territory, which shall bear the name of
Commonwealth of Puerto Rico. It declares that the source of the power of the government emanates from the people. The following three sections of the Article establish the Republican form of government of the unincorporated territory, divided into three branches (legislative, executive and judicial) and specifies the territorial jurisdiction of the document as well as the seat of the new government, which shall be the city of
San Juan.
Article Two: Bill of Rights Article Two of the Constitution of Puerto Rico—titled as the Bill of Rights ()— lists
the most important rights held by the citizens of
Puerto Rico. The Bill of Rights was mandated by which provided for the people of Puerto Rico to adopt a constitution of their own which had to include a
bill of rights. The bill enumerates several freedoms, namely
freedom of assembly,
freedom of the press,
freedom of religion,
freedom of speech,
freedom from unreasonable search and seizure,
security in personal effects, and
freedom from warrants issued without probable cause. It also establishes two fundamental declarations, that "the dignity of the human being is inviolable" and that
all men are equal before the law. It also prohibits several discriminations, namely discrimination made on account of
race, color,
sex,
birth,
social origin or condition, or
political or
religious ideas. The bill even took a step further by declaring such principles as essential to
human equality. The Bill of Rights also establishes explicitly that there shall be complete
separation of church and state, and that Puerto Rico must have a system of
free and
secular public education. It also establishes the
right to vote, the
right to life, and the
right to liberty. There are a number of variations that make the Puerto Rico Bill of Rights distinct from that of the
Federal Bill of Rights. For instance in Puerto Rico they do not have the right to
trial by jury but they do have direct protections against
wiretapping. In order to comply with the requirements of Public Law 600, the framers of the Constitution of Puerto Rico decided to draft an extensive list of rights which were then organized into a whole Article of the constitutional document. It is divided into nineteen sections, each one listing one or several rights which are deemed fundamental under Puerto Rican
constitutional law. Section One begins by establishing that '
the dignity of the human being is inviolable' and that '
all men are equal before the law.'. These two sentences have traditionally been interpreted by scholars as granting an unlimited number of rights, since anything that violates the dignity of a human being will be deemed unconstitutional. However, the remainder of the section concretely establishes the kinds of discriminations that are outlawed. :
No discrimination shall be made on account of race, color, sex, birth, social origin or condition, or political or religious ideas. Both the laws and the system of public education shall embody these principles of essential human equality. Section Two establishes the
right to vote in Puerto Rico; :
Section 2. The laws shall guarantee the expression of the will of the people by means of equal, direct and secret universal suffrage and shall protect the citizen against any coercion in the exercise of the electoral franchise. Section Three is the religious clause of the Constitution of Puerto Rico. It prohibits the
establishment of religion and protects the
free exercise of religion. It reads; :
No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof. There shall be complete separation of church and state. The last sentence specifically and concretely establishes the
separation of church and state, a clause that is not found in the United States' Constitution but, rather, it is assumed and interpreted to exist. Section three leaves no doubt about the existence of such separation in Puerto Rico. Section Four is very similar to the
First Amendment to the United States Constitution. It establishes the
freedom of speech,
freedom of the press,
freedom of assembly and the
right to petition. It reads; :
No law shall be made abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances. Section Five establishes the right to an education. It also mandates the establishment of a non-sectarian and free educational system for the commonwealth. The section also establishes that education will be compulsory for elementary school,
to the extent permitted by the facilities of the state. The section further establishes that
no public property or public funds shall be used for the support of schools or educational institutions other than those of the state. Section Six declares the right of the people to organize themselves in associations, except if the associations are military or quasi-military in nature. Section Seven contain several important fundamental rights. It reads; :
The right to life, liberty and the enjoyment of property is recognized as a fundamental right of man. The death penalty shall not exist. No person shall be deprived of his liberty or property without due process of law. No person in Puerto Rico shall be denied the equal protection of the laws. No laws impairing the obligation of contracts shall be enacted. A minimum amount of property and possessions shall be exempt from attachment as provided by law. First, Section Seven establishes that the right to life is fundamental in Puerto Rico. Because of this, the section determines that the
death penalty will not exist under the jurisdiction of the commonwealth. Second, the section contains the
due process of law as well as the
equal protection clauses. Third, it includes a contract clause for the jurisdiction of the commonwealth. Finally, the sections guarantees that a minimum amount of the property owned by individuals will be exempt from government possession. Section Eight declares that every person has the right to be protected by law against attacks on their honor, reputation and private or family life. This section has been interpreted as creating a general
right to privacy in Puerto Rico. Section Nine creates more liberties for the press. It establishes that: :
No law shall be enacted authorizing condemnation of printing presses, machinery or material devoted to publications of any kind. The buildings in which these objects are located may be condemned only after a judicial finding of public convenience and necessity pursuant to procedure that shall be provided by law, and may be taken before such a judicial finding only when there is placed at the disposition of the publication an adequate site in which it can be installed and continue to operate for a reasonable time. Section Ten is similar to the
Fourth Amendment to the United States Constitution. It establishes that persons shall be protected against "unreasonable searches and seizures". It explicitly prohibits the use of
wire-tapping. Furthermore, it declares that no
search warrant shall be issued unless
probable cause is shown. Section Eleven is primarily devoted to the rights of the accused. :
In all criminal prosecutions, the accused shall enjoy the right to have a speedy and public trial, to be informed of the nature and cause of the accusation and to have a copy thereof, to be confronted with the witnesses against him, to have assistance of counsel, and to be presumed innocent. It also establishes that in all trials of felony the accused shall enjoy of a jury of twelve peers who render a verdict by majority vote in which no less than nine shall concur. Also, the section creates the right against self-incrimination as well as the prohibition of
double jeopardy. Section Twelve outlaws slavery and involuntary servitude, unless duly convicted. It also prohibits
ex post facto laws and
bills of attainder. Section Thirteen guarantees the
writ of habeas corpus, which can only be suspended by the Legislative Assembly in time of "rebellion, insurrection or invasion." Section Fourteen prohibits the use of
titles of nobility. It also prohibits public officials to receive gifts from foreign powers without the approval of the Legislative Assembly. Section Fifteen deals with
child labor. It prohibits the employment of children of less than fourteen years on jobs that may be "prejudicial to their health or morals". It also guarantees that no children under the age of sixteen shall be kept in jail. Section Seventeen creates the fundamental right of employees, private and public, to organize themselves into associations and to negotiate with their employers. Section Eighteen also declares a fundamental right for employers to go on strike. However, the section ends by stating; "Nothing herein contained shall impair the authority of the Legislative Assembly to enact laws to deal with grave emergencies that clearly imperil the public health or safety or essential public services." Section Nineteen is similar to the
Ninth Amendment to the United States Constitution. It reads; :
The foregoing enumeration of rights shall not be construed restrictively nor does it contemplate the exclusion of other rights not specifically mentioned which belong to the people in a democracy. The power of the Legislative Assembly to enact laws for the protection of the life, health and general welfare of the people shall likewise not be construed restrictively. This section stresses out that the civil rights and liberties outlined in this Bill of Rights do not constitute an exclusive list thereof; others may exist. In other words, just because a civil right is not listed here, does not mean that the people do not have it. This is a safeguard against strict literal interpretations of the constitution with which the people will be denied all the rights not specifically listed here, such as a right to travel between districts at their own leisure (see
propiska), or the right to travel abroad.
Article Three: Legislative power The article establishes that the
territorial legislature must be
bicameral, and composed by the
Senate as the
upper house and the
House of Representatives as the
lower house. It also established the composition of each house, and that Puerto Rico must be divided into
senatorial and
representative districts for the purpose of
elections. It also established how the number of members of each house must increase when a
political party obtains more than two thirds of the seats in one or both houses. This was done in order to reduce the likelihood of one party having absolute control over
constitutional amendments, as these require at least two thirds of the vote of each house in order to be enacted. Article Four was also very loose regarding the rules overseeing each house, establishing that each house must be the sole judge of the election, returns and qualifications of its members, that each house must choose its own officers, and that each house must adopt rules for its own proceedings appropriate to legislative bodies. This, in essence, gives broad powers to each house on how to structure itself and which procedures it must follow. It, however, established the posts of
President of the Senate and
Speaker of the House without any other specifics besides the title of the posts although interpretatively the article meant them to be the
presiding officers of their respective house. It also granted
parliamentary immunity to its members. Article Four also established the parliamentary procedure to enact
bills, namely that they must be printed, read, referred to a
commission and returned therefrom with a written report, approved by the majority of which each house is composed, and signed by the
governor in order to become law. The article also established the exclusive powers of each house, as well as establishing the post of
Comptroller.
Article Four: Executive Power Article Four describes the powers, structure, functions, responsibilities, and legal scope of the
Governor of Puerto Rico, the
executive branch of the government of Puerto Rico. The article establishes the term length of the governor and the requirements to hold such post, as well as establishing the governor as
commander-in-chief of the militia, namely the
Puerto Rico National Guard. It also establishes that the governor must present a
State of the State address to the
Legislative Assembly each year, as well as a report on the
Budget of the Government of Puerto Rico. Article Four also established several
executive departments, namely the departments of Agriculture and Commerce,
Education,
Health,
Justice,
Labor,
State,
Public Works, and
Treasury. The Department of Agriculture and Commerce was later renamed to the
Department of Agriculture, while several decades later the
Department of Commerce and Economic Development was created by extraconstitutional law. The article also established the first steps towards the
Puerto Rico governmental line of succession, establishing the Secretary of State as first in line of succession.
Article Five: Judicial Power Article Five describes the powers, structure, functions, responsibilities, and legal scope of the
Supreme Court of Puerto Rico, the
judicial branch of the government of Puerto Rico. The article also establishes that the Supreme Court must be the
court of last resort, and that it must be composed by a
Chief Justice and several
Associate Justices. It also establishes that judges must be appointed by the
Governor of Puerto Rico with the
advice and consent from the
Senate of Puerto Rico.
Article Six: General Provisions Article Six authorizes the Legislative Assembly to create, abolish, consolidate and reorganize municipalities; to change their territorial limits; to determine their organization and functions; and to authorize them to develop programs for the general welfare and to create any agencies necessary for that purpose. It also authorizes the Commonwealth of Puerto Rico to impose and collect taxes and to authorize their imposition and collection by municipalities, as determined by the Legislative Assembly.
Article Seven: Amendments to the Constitution Article 7 established the rules to perform amendments to the constitution, the Legislative Assembly may propose amendments to this Constitution by a concurrent resolution approved by not less than two-thirds of the total number of members of which each house is composed. All proposed amendments shall be submitted to the qualified electors in a special referendum, but if the concurrent resolution is approved by not less than three-fourths of the total number of members of which each house is composed, the Legislative Assembly may provide that the referendum shall be held at the same time as the next general election. Each proposed amendment shall be voted on separately and not more than three proposed amendments may be submitted at the same referendum. Every proposed amendment shall specify the terms under which it shall take effect, and it shall become a part of this Constitution if it is ratified by a majority of the electors voting thereon. The section 3 indicates that no amendment to this Constitution shall alter the republican form of government established by it or abolish its bill of rights.* • By Resolution number 34, approved by the Constitutional Convention and ratified in the Referendum held on November 4, 1952, the following new sentence was added to section 3 of article VII: "Any amendment or revision of this constitution shall be consistent with the resolution enacted by the applicable provisions of the
Constitution of the United States, with the Puerto Rican Federal Relations Act and with Public Law 600,
Eighty-first Congress, adopted in the nature of a compact". ==See also==