The Insular Cases and Their Impact on Civil and Economic Rights in Puerto Rico

The Insular Cases, a series of U.S. Supreme Court decisions in the early 20th century, established the “unincorporated territory” doctrine, allowing Congress to selectively apply constitutional provisions in territories such as Puerto Rico. This doctrine has had profound implications for the civil rights and economic development of Puerto Ricans.

Impact on Civil Rights:

The doctrine resulting from the Insular Cases has perpetuated second-class citizenship for residents of Puerto Rico, limiting their full access to constitutional rights and federal programs. For example, in Balzac v. Porto Rico (1922), the Supreme Court determined that Puerto Ricans did not have the right to trial by jury in criminal cases, despite being U.S. citizens.

Economic Effects:

A report by the Puerto Rico Advisory Committee to the U.S. Commission on Civil Rights, released in November 2024, highlights how territorial status has negatively affected the island’s economic development. The report notes that the tax system has benefited certain economic sectors at the expense of sustainable development for Puerto Rico.

In addition, the exclusion of Puerto Rico from federal programs such as Supplemental Social Security has exacerbated economic inequalities. In United States v. Vaello Madero (2022), the Supreme Court upheld Congress's authority to exclude Puerto Rican residents from certain federal benefits, based on the Insular Cases doctrine.

Reactions and proposals:

The Insular Cases doctrine has been widely criticized for its discriminatory nature. In May 2023, during a public hearing in San Juan, various sectors agreed that this doctrine has a detrimental effect on the rights of Puerto Rican residents. In June 2024, the United States Department of Justice officially condemned the Insular Cases, recognizing their discriminatory nature and negative impact on the territories.

Conclusion:

The Insular Cases have had a lasting impact on Puerto Rico's civil rights and economic development. The unincorporated territory doctrine has perpetuated inequalities that affect the quality of life of Puerto Ricans. It is essential to continue evaluating and addressing these implications in order to move toward a more just and equitable society.

Nevares Cancel Abogados is committed to defending the civil rights of Puerto Ricans and advocating for equitable treatment in all legal spheres. If you need legal advice on matters related to civil rights or any other area of ​​law, do not hesitate to contact us.