Monday, May. 05, 1952
Home-Rule Charter
President Truman last week called on Congress to approve the new Puerto Rican constitution, "a proud document that embodies the best of our democratic heritage."
The new charter is the first constitution to be enacted under U.S. federal auspices since Arizona and New Mexico joined the union 40 years ago. Puerto Ricans boast that it is the most up to date. After years of emotional turmoil over what governmental status they wanted, Puerto Ricans chose neither statehood nor independence. They decided to become a sort of associated free state or commonwealth. Sumner Welles once described the arrangement as "divorce with alimony."
Within this special relationship, the Puerto Rican constitution makers have had a wonderful time writing their home-rule charter. Elected delegates headed by Resident Commissioner of Puerto Rico, Antonio Fernos-Isern, conned every line of the U.S. Constitution and the 48 state charters. With such expert constitutionalists as Harvard's Carl Friedrich on hand to advise on sticky points, they wrote draft after draft, debating each clause like so many tropical Madisons and Hamiltons. Their bill of rights, written under the guidance of University Rector Jaime Benitez, is their special pride & joy. Revising Thomas Jefferson, it proclaims "the right to life, liberty and the enjoyment of property." It forbids wiretapping and capital punishment; it authorizes peaceful picketing. It also "recognizes the existence of" such aspirations as the right to work, to free schooling, "the right of every person to a standard of living adequate for the health and well-being of himself and of his family, and especially to food, clothing, housing and medical care and necessary social services," and "the right of every person to social protection in the event of unemployment, sickness, old age or disability." But it explicitly admits that these cannot be effectively guaranteed until the island's agriculture and industry have been more fully developed. This week Governor Luis Munoz Marin is scheduled to arrive in Washington to appear before congressional hearings on the constitution. Though Puerto Ricans are well aware that Congress has many other matters on its mind this year, they hope for early approval. If they get it their elections in November can be held under the new "Commonwealth of Puerto Rico."
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