The government of Puerto Rico encompasses the local administrative structure of the archipelago and island of Puerto Rico, an unincorporated territory of the United States organized under the Constitution of Puerto Rico since its establishment as the Commonwealth of Puerto Rico in 1952. The government is a democratic republic divided into three branches: the law-implementing executive, the law-making legislative, and the law-interpreting judicial. The governor is the chief executive, the Legislative Assembly is the legislature, and the Supreme Court is the highest court of the territory, which is divided into 78 municipalities, each one headed by a strong mayor and a unicameral legislature. Like U.S. states and other U.S. territories, Puerto Rico is subject to the sovereign jurisdiction of the U.S. federal government.
With the American annexation of Puerto Rico during the Spanish–American War, the U.S. established a military government to administer the unincorporated territory from 1898 to 1900, when it was replaced by a civil insular government organized under the organic acts of the Foraker Act from 1900 to 1917 and the Jones–Shafroth Act from 1917 to 1952. The Constitution of Puerto Rico established the Commonwealth of Puerto Rico and its government under the continued status of unincorporated territory in 1952. With the ratification of the constitution, the full authority and responsibility for the local administration of Puerto Rico was vested in the residents of Puerto Rico, resulting in complete self-governance within the archipelago and island.
Puerto Rico has a republican form of government seated in the capital municipality of San Juan with executive, legislative, and judicial powers. The executive branch is led by a governor, currently Jenniffer González-Colón, who is also the head of government. The legislative branch consists of a bicameral legislature, namely the Legislative Assembly, which is composed by the Senate as its upper house and by the House of Representatives as its lower house. The governor and legislators are elected by popular vote every four years. The judicial branch is headed by the chief justice of the Supreme Court, currently Maite Oronoz Rodríguez. It consists of one Supreme Court, one Court of Appeals, and the Court of First Instance, which is composed of 13 Superior Courts and 78 Municipal Courts. The legal system is a mixture of the civil law and the common law systems. Members of the judicial branch are appointed by the governor with advice and consent from the Senate.
The U.S. president, currently Donald Trump, is head of state. The extent of the powers of the local government and the rights of its citizens as enumerated in the Puerto Rican constitution and law are bound to the authority of the U.S. Constitution and law, which are enacted and amended by the U.S. Congress, executed and enforced by the U.S. president, and interpreted and validated by the U.S. Supreme Court.Constitution of the Commonwealth of Puerto Rico, Article I, Section 2 U.S. However, the U.S. Constitution applies selectively in Puerto Rico, as it is not incorporated into the U.S. As a result, not all constitutional rights are available for Puerto Rico, including the right to voting representation in the U.S. Congress, where it is only represented by a resident commissioner, a non-voting member to the U.S. House elected by popular vote every four years. Furthermore, residents of Puerto Rico cannot vote in U.S. presidential general elections, as it is not entitled to electoral votes for president.
Neither a sovereign state nor a U.S. state, Puerto Rico is a self-governing unincorporated U.S. territory subject to the constitutional and territorial sovereignty of the U.S. federal government. Specifically, the U.S. Congress has plenary authority or unlimited power over the archipelago and island through the Territorial Clause in Article IV of the U.S. Constitution. As such, it operates as an administrative division and dependent territory belonging to, but not an integral part of, the U.S., which is composed of the 50 states and the federal District of Columbia.
The U.S. federal government has enumerated powers, including monetary policy, foreign relations, and defense, while the local government has reserved powers, including education, law enforcement, and elections. Both governments share concurrent powers, including taxation and fiscal policy. The political status of Puerto Rico is an ongoing debate.
History
Puerto Rico was ceded to the United States by Spain at the end of the Spanish–American War by the Treaty of Paris of 1898. The Foraker Act of 1900 provided for an organization of the civilian government. The Jones–Shafroth Act of 1917 re-organized the government.
The United States government authorized Puerto Rico to draft its own constitution by . On June 4, 1951, the Puerto Ricans voted to hold a constitutional convention in a referendum, and elected delegates on August 27, 1951. The convention adopted a constitution on 6 February 1952 and was ratified by Puerto Rico's electorate in a referendum on March 3, 1952.
The United States government approved an amended version by , and on July 10, 1952, the Constitutional Convention of Puerto Rico reconvened and approved the conditions established by . On July 25, 1952, Governor Luis Muñoz Marín proclaimed that the Constitution of Puerto Rico was in effect.
Executive branch
The executive branch is responsible for administering public resources, as well as providing all necessary public services to the Puerto Rican general public. It is by far the largest branch in the government as well as the largest employer in Puerto Rico with more than 150,000 workers.
Governor
The head of government is the governor of Puerto Rico, who is elected every four years in a general election. The position is similar in nature, responsibility, and power as those of a governor of a U.S. state. The position of Governor has the overall responsibility of the state of the commonwealth, equivalent to the state of the union in the U.S. The official residence of the governor is La Fortaleza, the oldest executive mansion in continuous use in the Western Hemisphere.
The Governor has the authority to nominate agency heads, trial and appellate judges, as well as Supreme Court justices and directors of public corporations, although these must be confirmed by the Senate and, in a handful of cases, the House, as well. Similar to a U.S. State, the Governor has authority over the Puerto Rico National Guard.
Although Puerto Rico does not have the position of Lieutenant Governor, sections 7 and 8 of the Constitution empower the Secretary of the Puerto Rico State Department to act as Acting Governor, should the governor be absent from Puerto Rico, become temporarily disabled or unable to discharge his/her duties, and as Governor for the remainder of the term should a permanent vacancy occur.
Lieutenant governor Puerto Rico does not have a post for lieutenant governor but it has a secretary of state which performs a similar role. The secretary of state is the successor of the governor and is empowered to act as acting governor— the Constitution of Puerto Rico and Puerto Rican law establishes a governmental line of succession starting with the secretary of state.
Acting Governor
Article IV of the Constitution of Puerto Rico establishes that the secretary of state should serve as acting governor when the governor is not available. The Constitution and Puerto Rican law establishes a governmental line of succession for special cases when neither the governor nor the secretary are available.
Cabinet
Article IV of the Constitution of Puerto Rico establishes that the governor shall be assisted by secretaries who shall collectively constitute the governor's advisory council and be designated as the Council of Secretaries although it's mostly referred to as the Cabinet.
The Cabinet is composed by the Constitutional Cabinet, composed by the secretaries established by the Constitution, and the Operational Cabinet, composed by the secretaries established by extraconstitutional Puerto Rican law or appointed by the governor. These Cabinets do not exist as agencies, but are referred as such in transcripts, records, official documents, and conversations for brevity and easiness.
All Cabinet members are nominated by the governor and then presented to the Senate for advice and consent by a simple majority. If they are approved, they are sworn in and then begin their duties. All members receive the title of Secretary.
Members of the Cabinet serve at the pleasure of the governor, who may dismiss them or reappoint them (to other posts) at will.
Executive departments
The day-to-day enforcement and administration of laws is delegated by the governor to 16 executive departments created by the Constitution or by statute to deal with specific areas of government. The heads of the departments, chosen by the governor and approved by the Senate (with the exception of the secretary of state, who requires Senate and House confirmation), form a council of advisers generally known as the Governor's Cabinet.
The Constitution provides for the creation of at least eight departments: Departments of State, Justice, Education, Health, Treasury, Labor, Agriculture, Commerce, and Public Works. However, due to the increase in population, economy, and public needs over the years, the Puerto Rico government has expanded the executive branch by establishing additional executive departments not specified in the Constitution. These additional departments are established by public law or so-called "reorganization plans", as approved by the legislative assembly.
The title of Secretary is given to the heads of the executive departments, whose position is also created by statute. Cabinet member is another title primarily given by the media and the public, though it is considered unofficial. All cabinet-level Secretaries are first nominated by the Governor and are confirmed by the legislative assembly.
Each department has different divisions, agencies, bureaus, offices, and services, each with specific duties, in order to provide the necessary services to the general public across the island.
Government-owned corporations
Puerto Rico has also established several government-owned corporations in order to provide basic and public services to its citizens, including electricity, water, transportation, and education, among others. These are separate legal entities from the commonwealth, but the government owns virtually all of these corporations' stock. Each corporation is headed by an executive director who is appointed by the corporations’ boards of directors. The directors are nominated by the governor and confirmed by the state legislative assembly.
Although government-owned corporations are separate from the commonwealth government, who generate their income and expenses independently, several of those have faced financial troubles, and have constantly relied on so called “bail-outs” from the commonwealth to offset recurring losses and deficits, and have been unable to legally declare bankruptcy.
Legislative branch
Article III of the Constitution of Puerto Rico grants all legislative powers of the commonwealth government to the Legislative Assembly of Puerto Rico, which is divided into two chambers: a 27-member Senate and a 51-member House of Representatives. The chambers are presided over by the president of the Senate and the speaker of the House, respectively. Both positions are occupied by an active member of each body, elected by a majority of both chambers. The current heads are Senator Thomas Rivera Schatz and Representative Carlos Johnny Méndez, respectively.