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Balkinization
Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.edu Mary Dudziak mary.l.dudziak at emory.edu Joey Fishkin joey.fishkin at gmail.com Heather Gerken heather.gerken at yale.edu Abbe Gluck abbe.gluck at yale.edu Mark Graber mgraber at law.umaryland.edu Stephen Griffin sgriffin at tulane.edu Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler at law.columbia.edu Andrew Koppelman akoppelman at law.northwestern.edu Marty Lederman msl46 at law.georgetown.edu Sanford Levinson slevinson at law.utexas.edu David Luban david.luban at gmail.com Gerard Magliocca gmaglioc at iupui.edu Jason Mazzone mazzonej at illinois.edu Linda McClain lmcclain at bu.edu John Mikhail mikhail at law.georgetown.edu Frank Pasquale pasquale.frank at gmail.com Nate Persily npersily at gmail.com Michael Stokes Paulsen michaelstokespaulsen at gmail.com Deborah Pearlstein dpearlst at yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahmansabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts More on Puerto Rico
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Friday, September 29, 2017
More on Puerto Rico
Sandy Levinson
As part of the blog about our new book, Fault Lines in the Constitution, my wife Cynthia and I have just posted a discussion about Puerto Rico. It doesn't add very much to Gerard's excellent post, save that we hope that at least some of our audience includes the teenagers to whom our book is directed and their teachers. I do suspect that this will be a decisive moment in the relationship between the US national government and what is now the world's largest remaining colony (defined by the absence of any voting representation in the metropolitan government, unlike, for example, the French territories). One can only imagine what would be happening if Puerto Rico, which is the same population roughly as Connecticut, had that state's two senators and five members of the House (not to mention seven electoral votes). I would think, at the very least, that events of the past week have weakened the attraction of Commonwealth status, and I will be curious, should this turn out to be the case, if the defectors support statehood or independence (or, of course, independence should a bigoted Congress reject statehood because the dominant language of Puerto Rico is Spanish. And, of course, it would be extremely interesting, to put it mildly, to see what the response of the US would be to a truly serious secessionist movement patterned after 1776.
Comments:
To what extent might America's national security interests be impacted if PR were to become independent?
"Relatively few Puerto Ricans support declaring independence from the United States. Most of the rest are split fairly evenly between those who want statehood and those who prefer to retain their current hybrid status, which entitles the territory to send its own team to the Olympics but not vote for national officials."
The better question is why it would be in the United States's national interest to maintain either the current hybrid status or grant statehood to Puerto Rico? Under its current hybrid status, PR is an increasing drain on the United States. They pay no US income taxes, but partake of the US welfare state. https://en.wikipedia.org/wiki/Welfare_in_Puerto_Rico#cite_note-PR_FS-1 Indeed, PR is considered to be a haven for US tax dodgers. https://www.forbes.com/sites/robertwood/2014/07/04/hate-taxes-move-to-tax-free-puerto-rico-stay-american-avoid-irs/#778a2cb56397 Apart from Democrat desire to import voters, there is absolutely no national benefit to making PR a state. PR's economy is second world, with a per capita income half of Mississippi, and its citizens impoverished compare with the US. To the extent PR citizens are not already government dependents, nearly all would be eligible to become so after statehood. Next, PR's government is third world, with rampant corruption and looming insolvency. http://www.economist.com/node/6980051 Finally, PR has a different culture and language from the United States. During an era when Democrats are (again) openly discussing secession from the United States, this time for not sharing its progressive ideals, PR would have by far the most legitimate argument for doing so. Instead of discussing statehood, the United States should be discussing forced independence.
"The better question is why it would be in the United States's national interest to maintain either the current hybrid status or grant statehood to Puerto Rico?"
The best question is what is just, and our Founding values point the way: it's wrong to rule, and tax, a colony without at the least giving it representation. "They pay no US income taxes, but partake of the US welfare state." No income tax, but other federal taxes they do pay. They pay about 3 billion a year. Now, according to Bart's source, they get back 21 billion from the federal government. That's a ratio similar to...South Carolina. https://www.theatlantic.com/business/archive/2014/05/which-states-are-givers-and-which-are-takers/361668/ "PR has a different culture and language from the United States" They *are part of the US.* There is no official language of the United States.
South Carolina? Was that chosen for a reason?
It is simply unjust that 3.5 million people are disenfranchised in the way Puerto Rico is. I would at the very least amend the Constitution so that the smaller populations in other territories like the Virgin Islands (also victimized by weather of late) can vote for President. But, Puerto Rico is especially blatant in this respect.
BD:"The better question is why it would be in the United States's national interest to maintain either the current hybrid status or grant statehood to Puerto Rico?"
Mr. W: The best question is what is just, and our Founding values point the way: it's wrong to rule, and tax, a colony without at the least giving it representation. Or independence... BD: "They pay no US income taxes, but partake of the US welfare state." Mr. W: No income tax, but other federal taxes they do pay. They pay about 3 billion a year. Now, according to Bart's source, they get back 21 billion from the federal government. That's a ratio similar to...South Carolina. The analogy between PR and SC is nonsense. SC hosts an extensive military presence, which is a public good for the national defense, not a federal subsidy for SC. PR does not. Furthermore, I specifically referred to partaking of the US welfare state - both corporate and individual. BD: "PR has a different culture and language from the United States" Mr. W: They *are part of the US.* There is no official language of the United States. PR is a possession, a relic from our flirtations with imperialism which has little culturally or linguistically in common with the United States. Because they are geographically isolated from the mainland, PR is unlikely to assimilate as do immigrants into the mainland.
SPAM's closing:
" Because they are geographically isolated from the mainland, PR is unlikely to assimilate as do immigrants into the mainland." might be overlooking Cuban immigrants. In addition, many Puerto Ricans reside in the mainland. Assimilation tests racial views. It took some time for various white ethnic groups to assimilate.
"he analogy between PR and SC is nonsense.
Post a Comment
SC hosts an extensive military presence" When Congresscritters pick my pocket I could care less whether they label the pork they funnel back as defense or welfare. Furthermore, it's Bart's military excuse that's nonsense. Virginia recieves ten times the defense spending SC does, but it has a much it has nothing like SC's gap between what they pay in and what they get from the feds. When can we get rid of this increasing drain on the US?
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Books by Balkinization Bloggers
Brian Z. Tamanaha, A Realistic Theory of Law (Cambridge University Press 2017)
Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016)
Sanford Levinson, An Argument Open to All: Reading The Federalist in the 21st Century (Yale University Press 2015)
Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015)
Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015)
Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014) Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution
Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014)
Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013)
John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013)
Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013)
Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013) Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013)
James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013) Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013)
Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012)
Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012)
Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012)
Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012)
Jack M. Balkin, Living Originalism (Harvard University Press, 2011)
Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011)
Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011)
Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011) Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011)
Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010)
Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010) Balkinization Symposium on The Decline and Fall of the American Republic
Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010)
Mark Tushnet, Why the Constitution Matters (Yale University Press 2010) Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010) Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009)
Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009) Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009) Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009) Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009)
Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008)
David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007)
Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007)
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