PATRIOTS for PR EQUAL RIGHTS-USA (RT) DENNIS O. FREYTES – Florida Veterans Hall of Fame

PATRIOTS for PR EQUAL RIGHTS-USA (RT)
DENNIS O. FREYTES
Florida Veterans Hall of Fame
E: dennisfreytes@hotmail.com

PETITION: Equal Rights for all US Citizens-US Veterans (Puerto Ricans)-Now!
Since, 1898 (for 125+ years)—fellow/ loyal US Citizens-US Veterans (part of “We the People”), in the US Territory of Puerto Rico (PR) (with more US Citizens than about 20 States)–have made many valuable Contributions to our USA/ given their blood for our USA Flag! BUT, are still under the undemocratic control of the Federal Government; have NO Federal “Consent of the Governed” (per our Declaration of Independence); nor full Constitutional Civil Rights– like other US Citizens have!
Equal Civil Rights for all “WE THE PEOPLE” is at stake!
FACTS are: Today, Hispanic-Puerto Ricans incongruently have NO Vote for US President; NO just Representation in US Congress; NO Parity in Federal Laws-Programs-Funds (since 1898, it has lost about $300 billion in Federal Funds that other US Citizens got); NO permanent statutory US Citizenship (even if residing in a State)…! Plus, the Federal Government– controls PR’s Borders, Currency, Laws, Security, Economy, Trade…; can solve this inequality! But, it makes biased Excuses not to do so–which unjustly perpetuates Federal discrimination against Puerto Ricans!

Besides, Puerto Ricans face a magna CRISIS and Exodus to the States–which major ROOT components are–Economic; Fiscal; Infrastructure; Social; and Federal Status–*Each PART affects the other; the Federal undemocratic Territorial Status affects everything. Federal discrimination brings instability; ties PR hands to fairly compete-grow the Economy; limits progress…!
The Federal Government should be the Servant of ALL the People; NOT the Master of some!
The Puerto Rican quest for Equality isn’t just about the Status Question, but, more fundamental, it’s about the Spirit of our noble US Constitution; fabric of a Representative Democracy; consent of the Governed–where all “We the People-US Citizens” must be treated fairly-equally! When in conflict, the People (composed of Individuals)–come FIRST, not the Federal undemocratic control of the People/ Territory! Even if one US Citizen (Individual) doesn’t have full Rights, is one too many!
“We must Guard against a Tyranny of a Majority!”
Puerto Ricans should not be treated like the “Animal Farm” allegory–“All Animals (People) are Equal; but, some Animals (People) are more Equal than others!” Today, the US Constitution does not fully apply to some US Citizens-US Veterans in Puerto Rico, as the Federal Government-US Congress has done nothing about it (for over 125+ years)! This is wrong; UN-AMERICAN!
Silence to discrimination; supports injustice!
The FEDERAL GOVERNMENT can fix this unjust inequality now, but, has not done so! Instead some politically distort, spin, generalize, or provide ageless EXCUSES that discriminate; create stalemate; are against the fundamental Equal Rights/Fairness precepts of our United States! Some are closet Bigots…!
*FIX: Our Federal Government must uphold Equal Rights-Justice for all; let Puerto Ricans VOTE in a Plebiscite, with clearly defined non-territorial constitutional options, to end Federal discrimination (without misinformation or double standards that weren’t applied to other Territories). Only Options are:
• STATEHOOD MEANS: Admission to our diverse “UNION of STATES”– under the Federal US Constitution/Laws/Democracy; equal US Citizenship with full rights, benefits, and responsibilities…
*PR-STATE Identity; Constitution; Flag; Sovereignty… (as other States and other US Citizens have).
• INDEPENDENCE- MEANS: Puerto Rican National Sovereignty with PR Constitution/Laws & PR Citizenship; gradual loss of statutory US Citizenship, Rights, and Benefits…
*INDEPENDENCE with PACT of Free Association- MEANS: Puerto Rican National Sovereignty with PR Constitution/Laws & PR Citizenship; gradual loss of statutory US Citizenship, Rights, and Benefits; a negotiated PACT(on Defense, Trade, Other…) that can be terminated by either side…
Best Option: “PR EQUALITY & PROGRESS with STATEHOOD!”
In our UNION-each State complements; strengthen the other States…—works for the Good of All!
“En la UNIÓN está la Fuerza!”
Only Statehood guarantees a permanent US Citizenship! Under Independence-Free Association, those that have a statutory US Citizenship (per Territorial Clause, Insular Cases, and the 1917 Jones Act)- have a stake in the fight; can LOSE their statutory US Citizenship (even if residing in a State-thus, any Federal Plebiscite must allow for the State Naturalization of statutory US Citizens- per 14th Amendment…)
Puerto Ricans Sacrifice & Contribute to our USA since 1513!
US Puerto Ricans are about 10m strong, (most live in the States)-are integrated as the 2d largest US Hispanic Group that sacrifice; greatly contribute (in all fields of endeavor) to our US. Since 1898, Puerto Ricans patriotically shed sweat, blood, and tears for our US Flag (WWI; WW-II; Korea; Vietnam; Global War on Terrorism…). PR pays more Federal Taxes than 6 States; is a US Market that creates Hundreds of Thousands of Jobs… PR Ancestors (1st Governor of PR & Crew) came to Florida (in 1513)–107 years before the Pilgrims; others fought in the US War of Independence (1776)…; help develop our now USA.
The Federal Government must let the People Vote!
Puerto Ricans-US Veterans want EQUAL RIGHTS, like others have! They Voted– in CERTIFIED Local Plebiscites (2012, 2017, & 2020) against the current Territorial Status! (Independence got only 2-5% of the Vote). The majority of Puerto Ricans (loyal US Citizens)– are integrated into US way of Life; cherish their US Citizenship; have voted for Pro-Statehood Territorial Governments…
Patriots cry- “Equality for a more perfect UNION!”
Unjust Laws should be overturned or amended! Our evolving US Constitution leaves a lot to right or wrong interpretation, but, it’s clear that the Power should reside with “WE THE PEOPLE”! Today, there is no Equal Individual Civil Rights for all “We the People”-because: US Puerto Ricans are under—
• The old Territorial Clause (1787) that states: “US Congress shall have the Power to dispose of and make all rules and regulations pertaining to the Territory or other Properties that belongs to the US.” (It does not mention taking some Civil Rights or Benefits that away)!
• The Racist “Insular Cases” based on bigotry (1901-1925) that prevent the full application of our US Constitution to PR. It states Puerto Rico is an “unincorporated” “US Territory; more foreign than domestic, belongs to, but, is not part of the US (soil)”–resulting in a permanent “Separate and Un-Equal Status”. Plus, the Territorial Status was not meant to be forever based on prior history!
**These nonsensical double standards were NOT applied to other US Territories or US Citizens before Puerto Rico; are NOT in the US Constitution, but, were made Law by racist Judges n 1901!
Our US Congress must Right a Wrong; ensure our US Constitution is EQUALLY applied to all!
Patriots cry to Arms (Civic Action)-Equal Rights for ALL!
THE TIME IS NOW for Patriots to call on our Federal Government to do a non-Territorial binding plebiscite-let the People VOTE! Plus, not leave to interpretation that all US Citizens will have Equal Rights–amend our evolving US Constitution–with a *“Citizen’s Protection-Equality Clause”, and an updated *Territorial Clause (more rights-representation/ limit on the Territorial Status…). Plus, the US Supreme Court must uphold the Equality Spirit of our US Constitution for All; revoke un-just Laws (like the “Insular Cases”)… UNITED-with Truth, Reason, Justice, and Civic Action for the Good of All!
*BY: DENNIS O. FREYTES (MPA, MHR, BBA); FL Veterans Hall of Fame; Community Servant Leader
«Judge on MERIT based on empirical FACTS; FAIRNESS!»
*We live in a Republic where the power should reside with all the People (consent of the Governed); UNITED under a US Constitution that calls for–Equal Rights, and a Republican form of Government (means: a Representative Democracy); that is composed of Individuals which make up «WE THE PEOPLE”- that ALL must be treated Equally! If not, its call Federal DISCRIMINATION!
ENCLOSURES-Facts & Sources
*Take Civic ACTION for Equal Civil Rights- CONTACT: US President and US Congress; MEDIA…
**US Congress: https://contactingcongress.org/ *US President: http://www.whitehouse.gov/contact SUM: According to legal experts: Types-Sources-Basis of US Citizenship are: • Birthright Citizenship-“jus soli” (right of soil)—born in the US-in a State-per the 14th Amendment… (unquestioned permanent US Citizenship) • Naturalization Citizenship—process through which immigrants from other countries can also become citizens if they wish to … (per 14th Amendment) (unquestioned permanent US Citizenship) • Acquired Citizenship– acquiring citizenship from US Citizen parents; by descent from a State’s national (jus sanguinis)… (per 8 USC Code, per US Congress) PLUS- • Statutory US Citizenship-per the US Territorial Clause (1789); Insular Cases (1901-1925+); Jones Act (1917); 8 USC Code §1402 (which can be amended or revoked)–ALL end upon Independence–Allows for the US Congress to Legislate a non-permanent statutory US Citizenship…
*Bring US Constitution up to our time; ensure Fairness-Equality for all US Citizens*
Our US Constitution, with Amendments, is the best in Human History! But, it was written hundreds of years ago; in another time (initially based on racism-discrimination); has been left to wrong interpretation (that not all US Citizens are Equal or fully protected).

Today, NOT all US Citizens-American Veterans have Federal “Consent of the Governed”; EQUALITY! Some US Citizens-US Veterans have NO Vote for their US President; NO just representation in UCS Congress; NO Parity in Federal Laws, Programs or Funding; NO permanent statutory US Citizenship, etc.

Also, US Citizens are not fully protected against Crime (by Mobs, Looters, Riots, Murder, Recidivism…). Some Elected Officials or local District Attorneys prevent the Police and 1st Responders from properly handling a crime or emergency situation. Thus, it’s time to update our US Constitution with an amendment or re-do it ( by a Constitutional Convention) to bring it up to our time; ensure Fair Treatment-Equality-Protection for all “WE THE PEOPLE”, revoke unjust Laws…
EXAMPLE (FAIR TREATMENT-EQUALITY AMENDMENTS)– US Constitution Amendment XXVIII-28 (US Citizen Equal Rights; Protection) Section 1: All US Citizens (Born or Naturalized in a US State or US Territory)–will have Fair Treatment-Equal Rights–the Right to Vote for US President, and vote in all Federal, State, Territory, and Local Elections no matter where they reside (US State or US Territory) under the American Flag, or in lawful absence in another Nation. All are Equal US Citizens in all institutional matters as the Federal, State, Territory, and Local Governments will be freely elected by/for the People with authority to do just Laws, and take actions per this US Constitution, unless convicted Traitors, Terrorists, or violent Felons. Section 2: All persons and their property will have equal protection from Crime and other violence that includes vandalism, riots, and other unlawful attacks on their person as the Federal, State, Territory, and Local Governments’ sacred duty is to act and enforce just protection Laws. Section 3: Governments will uphold Fair Treatment-Equal Rights; not interfere or withhold the protection of Law Enforcers, and care by 1st Responders (Police, Medical or Fire Department) or others for any reason or wll be held individually liable. The different levels of Government will cooperate with each other, as the Federal will have final authority. Government is the Servant of all “We the People; not their Master. Section 4: Peaceful Protest, without acts of violence; is permitted in designated Protest Zones (Parks; seat of Government, that will not interfere with the Rights of Others or their Security or Property. No protesting in Neighborhoods; or Pickets that interfere with the rights of others to work. Section 5: All born to an American Parent in another Nation are Citizens of the United States. US Constitution Amendment XXIX-29 (Federal Government of US Territories) SECTION 1: The US Territorial Clause (1789) is hereby rescinded. The US Congress will have the power, under the US Constitution, to make any just Laws or Rules based on Fair Treatment; Parity in Federal Laws, Programs and Funds, for– US Territories, and any other Lands under the jurisdiction of the United States. Once granted by the US Congress, a statutory US Citizenship will be permanent. SECTION 2: The Federal Territorial Status is temporary. All US Citizens (US Nationals), in US Territories, will be allowed to vote for their US President; have proportional voting Congressional representation in the US House of Representatives, and Two US Senate Commissioners (with voice; no vote)– until they become a State or Independent. The Territory will be allowed some Local Government (Executive, Legislative, and Judicial) as chosen by the People. SECTION 3: The US Territorial Status will prescribe in 25 years from the date of becoming a US Territory. Before the Termination of the Territorial Status, the US Congress will educate on non-territorial options; conduct a defined and sanctioned non-territorial Plebiscite or Referendum where the only defined options are: STATEHOOD; INDEPENDENCE or INDEPENDENCE with PACT of Free Association as negotiated by the US and the new Independent Nation. ^^Dennis O. Freytes (MPA, MHR, BBA)–FLORIDA VETERANS’ HALL OF FAME (By FL Governor; House; Senate); Former- Trustee Valencia College; Professor (PMS) Director-USA Officer School, University of PR; Advocate for Equal Rights-American Veterans; Chair of Government Boards, and Non-Profit Organizations that serve the Elder, Children, Youth, and Families…(Florida Senate confirmed-twice)
Remember: The Federal Government should be the Servant of ALL the People; NOT the Master of some! Puerto Ricans want the same Rights, Benefits, and Responsibilities that other US Citizens; US Veterans have–under our Declaration of Independence that calls for: “consent of the Governed”; our US Constitution that calls for Equal Rights for all “WE THE PEOPLE” and a Republican form of Government (Representative Democracy) — in our US Republic (means: Power should reside with all the People)! You can’t have it both ways–either support Equal Rights or Federal discrimination!
US Supreme Court says all “WE THE PEOPLE” are NOT Equal!
In US v Vaello-Madero (21 APR 2022), our US Supreme Court wrongly and disgracefully upheld the Federal unequal treatment of fellow US Citizens-US Veterans in the US Territory of Puerto Rico (since 1898), by the narrow ruling that Congress was within its power to exclude Puerto Ricans from a benefits program (SSI-Supplemental Security Income) for the very old, poor and disable that’s available in all 50 states and the District of Columbia–which generally implies the US Constitution does not fully apply to all “WE THE PEOPLE” as it upheld the Federal unequal treatment of fellow US Citizens-US Veterans; Federal undemocratic control of Puerto Rico!

The Court (both Republican and Democrat appointees) held by an 8-1 vote that it was not unconstitutional for the Federal Government to deny equal rights or benefits that other US Citizens have to US Citizen-US Veterans in Puerto Rico. The Justices supported Federal oppression, as they, incongruently, failed to generally support our US Republic (where the power resides with the People); our US Declaration of Independence (which calls for Federal Consent of the Governed); our US Constitution (which calls for fairness, equal rights, and a Republican form of Government or Representative Democracy for ALL)!

In narrow dissent, Justice Sotomayor responded, “In my view, there is no rational basis for Congress to treat needy citizens living anywhere in the United States so differently from others. To hold otherwise, as the Court does, is irrational and antithetical to the very nature of the SSI program and the equal protection of citizens guaranteed by the Constitution. I respectfully dissent.”
• Also, Justice Gorsuch wrote—that the Insular Cases* needed to be overturned. “The flaws in the Insular Cases are as fundamental as they are shameful! The Insular Cases* have no foundation in the Constitution and rest instead on racial stereotypes. They deserve no place in our law.”
“We must Guard against a Tyranny of a Majority!”
Today, there is no Equal Civil Rights for all “We the People”-because:
• Millions of US Citizens-US Veterans are under Federal undemocratic control/ discrimination, per the old Territorial Clause (1787); and Insular Cases (1901-1925+) that state: Puerto Rico is an “unincorporated” US Territory; more foreign than domestic, belongs to, but, is not part of the US. These incongruent and discriminatory Terms are based on racism, and are not in the US Constitution, nor were they applied to other US Territories before Puerto Rico…!
• Plus, the Territorial Clause was not meant to be forever!–“Congress’ indefinite governance of the U.S. territories is contrary to the original public meaning of the Territory Clause. It was well established at the time of the Founding, and thereafter, that Congress would govern the territories only as states-in-waiting, not as permanent possessions…”
• Puerto Ricans have lost about $300+ billion in Federal Funds (since 1898) that other US Citizens get.
Our evolving US Constitution leaves a lot to right or wrong interpretation, but, it’s clear that the Power should reside with “WE THE PEOPLE” in a Representative Democracy with “Consent of the Governed” for all! Don’t blame the victim (Puerto Ricans) or make excuses that discriminate! It is what it is!
“We the People come first; not un-just Laws!”

Since, 1898 (for almost 125 years)–fellow, but, 2d Class US Citizens-US Veterans (part of “We the People”), in the US Territory of Puerto Rico (PR) (with more US Citizens than 22 States)– have made many valuable Contributions to our USA… BUT, they are under the undemocratic control of the US Congress; have NO Federal “Consent of the Governed”; are not treated fairly like other US Citizens…

This is first, a Civil Individual Rights issue, because until TODAY, Hispanic-Puerto Ricans incongruently have NO Vote for US President; NO just Representation in US Congress; NO Parity in Federal Laws-Programs-Funds; NO permanent statutory US Citizenship (even if residing in a State)… that other US Citizens-American Veterans have, under our US Constitution! Plus, the Federal Government controls PR’s Borders, Currency, Laws, Security, Economy…; can solve this inequality! But, it makes biased Excuses not to do so (which unjustly perpetuates Federal discrimination against Puerto Ricans)!
The Federal Government should be the Servant of ALL the People; NOT the Master of some!
• The Puerto Rican quest for Equality isn’t just about the Status Question, but, more fundamental, it’s about the Spirit of our noble US Constitution with a Representative Democracy System–where all “We the People-US Citizens” must have Equal Individual Rights; be treated fairly! When in conflict, the People (composed of Individuals)–come FIRST, not the Federal undemocratic control of the People and Land (Territory)!
The US Supreme Court or Politicians should not treat US Citizens like in Orwell’s’ Animal Farm allegory–“All Animals (People) are Equal; but, some Animals (People) are more Equal than others!” Today, the majority of US Citizens are (wrongly) more equal than US Puerto Ricans-US Veterans…!
“Silence to discrimination supports injustice!”
You can’t have it both ways–you are either for Equal Civil Rights for All… or you excuse or support discrimination against part of “We the People”! Dr. ML King said: THE TIME IS NOW…!
FIX: We Patriots PETITION our US Congress to provide Fairness-Equal Rights to all; let Puerto Ricans VOTE/ DECIDE on clearly defined Non-Territorial Options (without misinformation or standards that weren’t applied to other Territories). These only are (per US Justice Department, and other Sources) Statehood vs Independence (Without or With a PACT of Free Association)…
• STATEHOOD MEANS: Admission to our diverse “UNION of STATES”—with OWN– STATE Identity; Constitution; Flag; Sovereignty; EQUAL/permanent US Citizenship with full rights, benefits, and responsibilities… (As other US Citizens-US Veterans-“WE THE PEOPLE”- have).
• INDEPENDENCE- MEANS: Puerto Rican National Sovereignty with PR Constitution & PR Citizenship; gradual loss of statutory US Citizenship, Rights, and Benefits…
 INDEPENDENCE with PACT of Free Association- MEANS: Puerto Rican National Sovereignty with PR Constitution & PR Citizenship; gradual loss of statutory US Citizenship, Rights, and Benefits; a negotiated PACT (on Defense, Trade, Finance…) that can be terminated by either side…
“En la UNIÓN está la Fuerza!”
In our UNION-each State complements; strengthen the other States—works for the Good of All!
Best Option: “PR EQUALITY & PROGRESS with STATEHOOD!”
Patriots cry- “Equality for a more perfect UNION!”
How can, in this new age, the Federal Government/ US Supreme Court incongruently mal interpreted our US Constitution; rule– some US Citizens-US Veterans are more Equal than others (that reside in the US Territory of Puerto Rico); don’t deserve the same rights, and benefits than other US Citizens have?

THE TIME IS NOW for the Federal Government to do a non-territorial plebiscite; amend our evolving US Constitution (“Citizen’s Equality-Protection Clause”)…; ensure there is clear protection and Equal Civil Rights for all US Citizens; amend the Territorial Clause to provide more representation; and a limit on the Territorial Status… Plus, the US Supreme Court must revoke un-just Laws (like the “Insular Cases”); uphold the full protection of our US Constitution for all; not just for some!

We live in a Republic (where the power should reside with all the People); under a US Constitution (that calls for Fair Treatment-Equal Rights for All)- with a Republican-Representative Democratic System (that is composed of Individuals that make up «WE THE PEOPLE»). Even if one discriminated US Citizen doesn’t have the right to Vote, it’s one too many! Let Truth, Reason, and Justice prevail-Equality for All! With truth, reason, and Civic Action, we will prevail!
XXX
BY: DENNIS O. FREYTES (MPA/MHR/BBA): Florida Veterans Hall of Fame; Community Servant Leader)
*Take Patriotic Civic ACTION- CONTACT: US Congress: https://contactingcongress.org/ US President: http://www.whitehouse.gov/contact -STATUTORY US CITIZENSHIP is UN-PERMANENT- SUM: According to legal experts: Types-Sources-Basis of US Citizenship are: • Birthright Citizenship-“jus soli” (right of soil)—born in the US-in a State-per the 14th Amendment… (unquestioned permanent US Citizenship) • Naturalization Citizenship—process through which immigrants from other countries can also become citizens if they wish to … (per 14th Amendment) (unquestioned permanent US Citizenship) • Acquired Citizenship– acquiring citizenship from US Citizen parents; by descent from a State’s national (jus sanguinis)… (per 8 USC Code, per US Congress) PLUS- • Statutory US Citizenship-per the US Territorial Clause (1789); Insular Cases (1901-1925+); Jones Act (1917); 8 USC Code §1402 (which can be amended or revoked)–ALL end upon Independence–Allows for the US Congress to Legislate a non-permanent statutory US Citizenship…
*The source for statutory US Citizenship is the Territorial Clause, and the racist Insular Cases–that wrongly state the US Constitution does not fully apply to so-called “unincorporated” US Territories such as Puerto Rico (which is “more foreign than domestic, belongs to, but, is not part of the US–Soil”)…
*Remember Puerto Rico is incongruently in “Legal Limbo” as “unincorporated”, it belongs to the US, but, it’s not part of the US or another Country…!
*The Territorial Clause and the “Insular Cases” allow the US Constitution to incongruently not be fully applied (including the Due Process Clause) to Puerto Rico…
*8 USC Code §1402-is only for Persons born in Puerto Rico (doesn’t mention “birthright” Citizenship…); can be amended; is non-permanent; and will not apply upon Independence…
*The US Congress can amend or revoke any Laws-Codes it makes… IAW the US Constitution… that will cease to apply to a US Territory if it becomes an Independent Nation (with or without a Pact of Free Association)… Thus, statutory US Citizenship based on the Territorial Clause… will end upon Independence.

Statutory US Citizenship is mainly governed by the old US Constitution’s Territory Clause (1787) that states: “US Congress shall have the power to dispose of and make all needful rules and regulations respecting the Territory and other Property belonging to the US…” And the “Insular Cases” (1901-1925 + based on racism and discrimination) state (not in the US Constitution)—“Puerto Rico is an “unincorporated” US Territory that is more foreign than domestic, belongs to, but, is not part of the United States”. (Other US Territories before Puerto Rico were NOT treated this way.)

Statutory US Citizenship isn’t fully protected by the US Constitution’s 14th Amendment (1868), according to some US Supreme Court decisions. It states: “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside…” The Amendment does not mention “unincorporated” US Territories which incongruently are not considered part or soil of the US…

The legal meaning of statutory US Citizenship is a confusing and complex issue! But, there is no precedence or settled law or Constitutional Article, Law or Supreme Court Decision that mentions statutory US Citizens have a permanent US Citizenship… or that it can be “for life with benefits…”

On the contrary, below are some US Supreme Court Decisions, Presidential and Congressional Reports; a US Attorney General, Federal Judges and Others that content or imply the US Constitution does not fully apply to statutory US Citizens or an “unincorporated” US Territory (which technically/legally is not US soil). You can’t have it both ways– its illogical and nonsensical to say statutory US Citizenship is not permanent and then turn around and say you can keep it for Life (with benefits) under Independence…

Thus, today, millions of statutory US Citizens can be “born” US Citizens, but, don’t have a permanent “birthright” US Citizenship (which is not mentioned in the 8th US Code for statutory US Citizens…), no matter where they reside (even in a State), because the US Congress can amend or revoke any Law or Code that a previous US Congress enacted… Also, the US Constitution’s Article 5th and Amendment 14th don’t mention suffrage (Voting Rights) for “unincorporated” Territories, but, it fully applies only to STATES…

Besides, once, there is Independence, a Nation has its own Sovereignty and Citizenship, after which (not before) it can enter into a Pact (like Free Association) between sovereign Nations… Thus, US Laws (like the Territorial Clause, Insular Cases, &1917-Jones Act which granted a statutory US Citizenship to Puerto Ricans), will cease to be in effect, and subject to no negotiation… Remember, in our US Constitution there is no mention of “Group Dual Citizenship” in a Foreign Country…

A Nation can’t be Sovereign with the Citizenship of another Nation! Where would the National Loyalty lie? The US Congress doesn’t have the power to grant National US Citizenship to an Independent Nation or provide US Citizens with Federal benefits in another Country, under any Pact… Thus, Puerto Rican statutory (by Law) US Citizenship will be lost, under Independence…, per the below sources.

Besides, statutory US Citizens that reside in the States have an equity interest because they can lose their statutory US Citizenship under Independence (or Free Association)… Thus, the US Congress must state in any Plebiscite– that statutory US Citizens residing in a State will not lose their US Citizenship (naturalize them under the 14th Amendment) or let them Vote because the outcome affects them… Only Statehood guarantees permanent US Citizenship!
Best Option: PR EQUALITY & PROGRESS with STATEHOOD! “En la Unión esta la Fuerza!”
Until there is a clear Decision by the Supreme Court, today, the facts point to that there are two main sources of US Citizenship—One permanent– fully protected by the 14th Amendment; the Other– is statutory or “by Law”– which is un-permanent (for un-incorporated US Territories), not fully protected, as any Law can be amended or revoked by the US Congress or cease to exist upon Independence…

The US Territory of Puerto Rico is Federally undemocratically ruled by the US Congress, under the Territorial Clause; and the US Supreme Court Insular Cases (1901-1925+) that covertly, are incongruently based on racism and discrimination, until Today! There are indicators/ evidence that attest–a statutory US Citizenship is not permanent by its very nature. (Even though there are no clear US Supreme Court rulings or settled law, but, some evidence is below.)
XXX
(Dennis O. Freytes-Florida Veterans Hall of Fame; former PMS-Professor UPR…)
PS: If there is evidence that statutory US Citizenship can be for “Life with benefits)—show the evidence; source or basis.

ENCLOSURE: FACTS & SOURCES-Statutory US Citizenship is unpermanent
**We need to strive for the truth-facts, proper analysis, and true Justice based on the reasonable merits of the case, based on equality! Unjust Laws must be overturned!
FACTS/ SOURCES/ LEGAL SUMMARY:
• The 14th Amendment states: “All Persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the US and of the State wherein they reside…”
o The 14th Amendment doesn’t mention “Territory” or being born as a statutory US Citizen in an “un-incorporated” US Territory… It mentions you are a US Citizen of the “State wherein they reside…” Thus, protecting those born in the States or Naturalized in the States; and not protecting statutory US Citizenship which is at the will of our US Congress, and per the Insular Cases (1901-1925+/ Downes vs Bidwell and Balzac vs Porto Rico that generally state: “Puerto Rico is a US Territory; more foreign than domestic; belongs to; but, is NOT part of the US”…
o “The in-applicability of 14th Amendment outside a State of the Union also explains why for “unincorporated” territories like Puerto Rico Congress had to enact a FEDERAL STATUE (8 USC 1402) to provide statutory rather than constitutional birthright citizenship based on birth in Puerto Rico.” Any Laws US Congress makes can be amended (like it has done before) or revoked (that can be done, if Puerto Ricans choose Independence–with or without a PACT of free Association)…
• US President Task Force on PR Status (2004 & 2006) “If P.R. were to become independent «… those…who had U.S. Citizenship only by statute would cease to be citizens of the United States, unless a different rule were prescribed by legislation…» (Page 9) (US Congress can revoke a Statutory US Citizenship, even if residing in a State… But, it has no power in an Independent Nation. However, it’s very doubtful US Congress can legislate a permanent statutory US Citizenship-because there is no authority to do so under the US Constitution or Supreme Court Cases, and per other facts.
• Afroyim v. Rusk (1967), established that citizens of the United States cannot be deprived of their citizenship involuntarily. But—
o The national citizenship clause of the 14th Amendment to the U.S. Constitution is not the source of U.S. citizenship for any person born in Puerto Rico. That means the Afroyim case defining constitutional citizenship rights, applies only to U.S. citizens born or naturalized under the 14th Amendment as it applies in a State of the Union.
o It was not the Afroyim ruling, but rather the case of Rogers v. Bellei in which the U.S. Supreme Court ruled on the legal nature of U.S. citizenship granted at the discretion of Congress by federal statutory law, based on birth or naturalization outside a State of the Union. Puerto Rico is a U.S. territory that has not been “incorporated” under the U.S. Constitution, so the national citizenship clause of the 14th Amendment as interpreted in the Afroyim case is not the source of citizenship in the territory.
• US Supreme Court (Rabang Case–The Philippines-2003) state: “In the “Insular Cases” the Supreme Court decided that the territorial scope of the phrase «the United States» as used in the Constitution is limited to the States of the Union. It is thus incorrect to extend citizenship to persons living in United States territories simply because the territories are «subject to the jurisdiction» or «within the dominion» of the United States, because those persons are not born «in the United States» within the meaning of the Fourteenth Amendment…”
• In Harris v. Rosario, 446 U.S. 651 (1980), “the Court in a succinct per curium order, applied Califano v. Torres, 435 U. S. 1 (1978), to hold that a lower level of aid to families with dependent children to residents of Puerto Rico did not violate the “Equal Protection Clause”, because in U.S. territories Congress can discriminate in applying the US Constitution against its Citizens by applying a rational basis standard. However, Justice Marshall issued a staunch dissent, again noting that Puerto Ricans are United States Citizens and that the Insular Cases are indeed questionable…”
• US Attorney General Dick Thornburg (& Under Secretary of the United Nations)—in “THE STATUS OF PUERTO RICO A CONSTITUTIONAL FRAMEWORK FOR SELF-DETERMINATION” (2007) and in other Writings States:
o In Rogers v. Bellei 401 U.S. 815 (1970), regarding the nature of statutory citizenship is consistent with the conclusion that even a statutory extension of the Fourteenth Amendment to Puerto Rico could not limit the discretion of Congress to amend or repeal that statutory extension.” *NOTE: “It confirms that Congress can grant citizenship to persons who don’t acquire it under the 14th Amendment, but all such statutory citizenship laws exist at the pleasure of Congress. That means Congress can make acquisition and retention of statutory citizenship conditional and REVOCABLE.” Also, that federal citizenship laws remain subject to amendment or repeal as to persons born outside a State of the Union, including those born in “unincorporated” territories like Puerto Rico.
• US v. Wong Kim Ark. Wong…: U.S. Supreme Court ruled on the legal nature of statutory citizenship for children “born abroad,” which means outside a State of the Union, including territory under U.S. sovereign rule but, not incorporated under the U.S. Constitution… (per Insular Cases). Ruling: “The first sentence of the Fourteenth Amendment has no application…The claim thus must center in the statutory power of Congress…”
• CONGRESSIONAL RESEARCH SERVICE (1989)- confirmed that Puerto Rico belongs to the United States but is not in the United States. “Whatever its exact status and relationship to the United States,” CRS cautioned, “Puerto Rico is not itself in the United States.” The 14th amendment, according to CRS, therefore doesn’t apply to people born in Puerto Rico.
• The 1997 Congressional GAO Report-U.S. INSULAR AREAS Application of the U.S. Constitution, states: “Citizenship is derived either from the Fourteenth Amendment to the Constitution or from a specific STATUS that confers citizenship on the inhabitants of an area that, although not a state, is under the sovereignty of the United States. Such legislation has been enacted for Puerto Rico (8 USC § 1402)…”
• Tuaua v. United States (2016)- CONFIRMED- the legal nature of U.S. nationality and citizenship law in “unincorporated” territories. Says–the Constitution’s 14th amendment does not fully apply to people born in a U.S. Territory, per, Territorial Clause and INSULAR CASES-which DECIDED– that the U.S. Constitution doesn’t fully apply to unincorporated territories like Puerto Rico… This is standing Law… *On June 13, 2016, the US Supreme Court denied certiorari,[7] meaning the case will not be heard, and the lower court’s ruling stands. Thus:
o People born in “unincorporated” U.S. territories (Puerto Rico) do not have any right to U.S. citizenship under the U.S. Constitution as it applies in a State of the Union. Rather, persons who are not born in a State of the Union do not acquire citizenship unless Congress exercises its discretionary power to grant citizenship by statute (that can be revoked).
o That is why federal statute law (8 USC 1401) had to be enacted to provide for the naturalization of persons born outside a State of the Union based on a relationship to a U.S. citizen parent.
• The U.S. Court of Appeals for the District of Columbia ruled 3–0 to deny birthright citizenship to American Samoans, ruling that the guarantee of such citizenship to citizens in the Fourteenth Amendment does not apply to “unincorporated” U.S. Territories (like Puerto Rico).
• This truth is masked in a recent U.S. Department of Justice letter and White House reports on Puerto Rico’s status also have been somewhat vague, but at least recognize that even sovereignty with a treaty of Free Association is a form of Independence leading to loss of US Citizenship…
• Congressional Reports adopted by Committees with jurisdiction for Territories, as well as Congressional Research Service, reports, make it clear U.S. Citizenship will end if U.S. sovereignty ends in Puerto Rico. See U.S. House of Representatives Report 105-131, Part 1, pp. 13-14; pp. 35-38.
• 8 USC Code, CH 12, SUB-CH III: NATIONALITY & NATURALIZATION-can be amended or revoked by US Congress).
*Part I- Nationality at Birth and Collective Naturalization:
o Code §1401. Nationals and citizens of United States at birth US Citizenship (Covers all US Citizens–including Sen. McCain, but, not statutory US Citizens which are covered under a different Status-Code… (Maybe so it can be easier to amend, revoke or change in the future…?)
o Code §1402: “All persons born in Puerto Rico on or after April 11, 1899, and prior to January 13, 1941, subject to the jurisdiction of the United States, residing on January 13, 1941, in Puerto Rico or other territories over which the United States exercises rights of sovereignty and not citizens of the United States under any other Act, are declared to be citizens of the United States as of January 13, 1941. All persons born in Puerto Rico on or after January 13, 1941, and subject to the jurisdiction of the United States, are Citizens of the US at birth.” **NOTE: Statutory US Citizenship is by a Law that can be revoked and it is not by “birthright”… nor fully protected by the 14th Amendment nor Due Process (which doesn’t cover suffrage…; see below.)
o The question–Why wasn’t the statutory US Citizens from the” unincorporated” US Territory of Puerto Rico included in the amended Part I §1401– that includes all other Citizens of the US as “birthright” and “jus soli” (right of soil) or under *Part II: Nationality Through Naturalization-(doesn’t mention statutory US Citizenship or Territories…)?
o Answer: Because statutory US Citizenship can be revoked; is non-permanent!
**U.S. Supreme Court ruled (US v. Wong Kim Ark. Wong…): on the legal nature of statutory citizenship for children “born abroad,” which means outside a State of the Union, including territory under U.S. sovereign rule but, not incorporated under the U.S. Constitution:
• “The first sentence of the Fourteenth Amendment has no application…The claim thus must center in the statutory power of Congress…’ naturalization by descent’ was…dependent, instead, upon statutory enactment…’But it [the first sentence of the Fourteenth Amendment] has not touched the acquisition of citizenship by being born abroad of American parents; and has left that subject to be regulated, as it had always been, by Congress, in the exercise of the power conferred by the Constitution to establish an uniform rule of naturalization.’ …there emerged an express constitutional definition of citizenship. But it was one restricted…
• The definition obviously did not apply to any acquisition of citizenship by being born abroad of an American parent. That type, and any other not covered by the Fourteenth Amendment, was necessarily left to proper congressional action…
• The Court has specifically recognized the power of Congress not to grant a United States citizen the right to transmit citizenship by descent…This takes us, then, to the issue of the constitutionality of the exercise of that congressional power when it is used…We conclude that its imposition is not unreasonable, arbitrary, or unlawful, and that it withstands the present constitutional challenge…
• Congress has no ‘power, express or implied, to take away an American Citizen’s citizenship without his assent,’ Afroyim v. Rusk…But, as pointed out above, these were utterances bottomed upon Fourteenth Amendment citizenship and that Amendment’s direct reference to ‘persons born or naturalized in the United States.’
• We do not accept the notion that those utterances are now to be judicially extended to citizenship not based upon the Fourteenth Amendment and to make citizenship an absolute. That it is not an absolute is demonstrated by the fact that even Fourteenth Amendment citizenship by naturalization, when unlawfully procured, may be set aside…A contrary holding would convert what is congressional generosity into something unanticipated and obviously undesired by the Congress…”
• US v Vaello-Madero (21 APR 2022)-US Supreme Court unjustly Rules-Congress was within its power to exclude Puerto Rican from a benefits program (SSI-Supplemental Security Income) for the very old, poor and disable that’s available in all 50 states and the District of Columbia– which implies the US Constitution does not fully apply to all “WE THE PEOPLE” as it upheld the Federal unequal treatment of fellow US Citizens-US Veterans in the US Territory of Puerto Rico (since 1898).
o The Court (both Republican and Democrat appointees) held by an 8-1 vote that it was not unconstitutional for the Federal Government to deny equal rights or benefits that other US Citizens have to US Citizen-US Veterans in Puerto Rico. They failed to support the People, as they supported Federal oppression!
o In dissent, Justice Sotomayor responded, “In my view, there is no rational basis for Congress to treat needy citizens living anywhere in the United States so differently from others. To hold otherwise, as the Court does, is irrational and antithetical to the very nature of the SSI program and the equal protection of citizens guaranteed by the Constitution. I respectfully dissent.”
o Also, Justice Gorsuch wrote—that the Insular Cases needed to be overturned. “The flaws in the Insular Cases are as fundamental as they are shameful! The Insular Cases have no foundation in the Constitution and rest instead on racial stereotypes. They deserve no place in our law.”
US Attorney General Thornburg further states: “Four million U.S. citizens live under the U.S. flag in Puerto Rico, yet they can neither vote for president nor have voting representation in Congress, which enacts the federal laws under which they live. Residents of Puerto Rico and other U.S. territories are deprived of basic rights of self-determination that U.S. citizens generally enjoy and that the United States has committed itself to achieve for peoples around the globe.”

“Political gridlock in Congress and in Puerto Rico has stymied efforts to put Puerto Rico on a path toward a permanent political status that ensures full self-government for its residents. If Congress does not act soon, U.S. courts may be asked to give more serious consideration to whether the residents of Puerto Rico and other U.S. territories have full political and human rights under U.S. and international law that can no longer be ignored by the political branches of government.”

FIX: We Patriots PETITION our US Congress to provide Fairness-Equal Rights to all; let Puerto Ricans VOTE/ DECIDE on clearly defined Non-Territorial Options (without misinformation or standards that weren’t applied to other Territories). These only are (per US Justice Department, and other Sources) Statehood vs Independence (Without or With a PACT of Free Association)…
• STATEHOOD MEANS Admission to our diverse “UNION of STATES”—with OWN– STATE Identity; Constitution; Flag; Sovereignty; EQUAL/permanent US Citizenship with full rights, benefits, and responsibilities… (as other States and other US Citizens-US Veterans have).
• INDEPENDENCE- MEANS: Puerto Rican National Sovereignty with PR Constitution & PR Citizenship; gradual loss of statutory US Citizenship, Rights, and Benefits…
 INDEPENDENCE with PACT of Free Association- MEANS Puerto Rican National Sovereignty with PR Constitution & PR Citizenship; gradual loss of statutory US Citizenship, Rights, and Benefits; a negotiated PACT (on Defense, Trade, Finance,…) that can be terminated by either side…
Best Option: “PR EQUALITY & PROGRESS with STATEHOOD!”
In our UNION-each State complements; strengthens the other States—works for the Good of All!
“En la UNIÓN está la Fuerza!”
Only Statehood guarantees a permanent statutory US Citizenship! Thus, those with a Statutory (by Law- based on the Territorial Clause) US Citizenship (even if residing in a State)–have a stake in the fight, because they can lose their statutory US Citizenship under Independence (where the US Constitution doesn’t apply) or if the US Congress revokes the 1917 Jones Act…
Patriots cry- “Equality for a more perfect UNION!”

-STATUTORY US CITIZENSHIP is UN-PERMANENT-
SUM: According to legal experts: Types-Sources-Basis of US Citizenship are:
• Birthright Citizenship-“jus soli” (right of soil)—born in the US-in a State-per the 14th Amendment… (unquestioned permanent US Citizenship)
• Naturalization Citizenship—process through which immigrants from other countries can also become citizens if they wish to … (per 14th Amendment) (unquestioned permanent US Citizenship)
• Acquired Citizenship– acquiring citizenship from US Citizen parents; by descent from a State’s national (jus sanguinis)… (per 8 USC Code, per US Congress) PLUS-
• Statutory US Citizenship-per the US Territorial Clause (1789); Insular Cases (1901-1925+); Jones Act (1917); 8 USC Code §1402 (which can be amended or revoked)–ALL end upon Independence–*Allows for the US Congress to Legislate a non-permanent statutory US Citizenship…
*The source for statutory US Citizenship is the Territorial Clause, and the racist Insular Cases–that wrongly state the US Constitution does not fully apply to so called “unincorporated” US Territories such as Puerto Rico (which is “more foreign than domestic, belongs to, but, is not part of the US–Soil”)…
*Remember Puerto Rico is incongruently in “Legal Limbo” as “unincorporated”, it belongs to the US, but, it’s not part of the US or another Country…!
*The Territorial Clause and the “Insular Cases” allow the US Constitution to incongruently not be fully applied (including the Due Process Clause) to Puerto Rico…
*8 USC Code §1402-is only for Persons born in Puerto Rico (doesn’t mention “birthright” Citizenship…); can be amended; is non-permanent; and will not apply upon Independence…
*The US Congress can amend or revoke any Laws-Codes it makes… IAW the US Constitution… that will cease to apply to a US Territory if it becomes an Independent Nation (with or without a Pact of Free Association)… Thus, statutory US Citizenship based on the Territorial Clause… will end upon Independence.
*NOTE: Puerto Rico quest for equality is not only based on the Status group question, but, more crucial is based on having equal individual Civil Rights for all. As we navigate the Puerto Rico inequality group question and fix, we have to be mindful of nonsensical Lawyer or Court “gibberish” or “double-speak” that tries to have it both ways; negate true Justice!
XXX
NOTE 1: Puerto Ricans want Statehood-Puerto Ricans (integrated born US Citizens-American Veterans)– cherish their US Citizenship; have voted in CERTIFIED Plebiscites (that Constitutionally count) for STATEHOOD (2012, 2017, & 2020); are against Independence (which only got 2-5% of the vote) in the last 6 Plebiscites; elected a Government for Equality through Statehood…; have made many valuable contributions to our USA, since 1513-when their Ancestors came to the now US—107 years before the Pilgrims; fought in the US Revolutionary War… until Today. Puerto Ricans sacrifice; shed sweat, blood, and tears for our noble US! Plus, Polls (Gallop…) show majority (last one 66% of Americans) support EQUALITY through Statehood for US Territory of PR.
NOTE 2: *STATEHOOD-Puerto Rico and DC (District of Columbia)** The Federal Government should NOT tie STATEHOOD for Puerto Rico to the District of Colombia. These are two separate issues; should be addressed differently, because–DC is under a different US Constitution Clause; can vote for US President; has Parity in Federal Funds; a permanent US Citizenship; higher per capita income… Plus, for DC to become a State it needs an amendment to the US Constitution. While, Puerto Rico doesn’t!
Equality for US Citizens in DC-best Options The DC population is very small compare to other States… Thus, except for Federal Property (which would be called DC); give other DC Land (where People Live; not Office space) back to Maryland from which it was taken or allow them to vote in Maryland through a Constitutional Amendment… This Achieves EQUALITY.
NOTE 3: Provide EQUALITY-PROGRESS through STATEHOOD with– permanent US Citizenship, Benefits and Responsibilities; STATE—Identity (Boricua); Constitution, Flag, and Sovereignty–like other States have. (In the US UNION– each State complements/strengthens the others; UNITED for the Good of ALL “WE THE PEOPLE”!
XXX

• Plus, the Territorial Status was not meant to be forever based on prior precedence…!
  Un-permanent Statutury (by law) US Citizenship Summary
  A statutory lay can be amended or revoked by the US Congress.

There are two sources of US Citizenship. One is permanent and fully protected by the 14th Amendment; the other is un-permanent by virtual of the Territorial Clause, and the Insular Cases—which is a Statutory (by law that can be revoked) US Citizenship….

Most born in the US Territory of Puerto Rico have a non-permanent/statutory US Citizenship, even if residing in a State…

There is no US Supreme Court Decision affirming that statutory US Citizenship (of unincorporated US Territories) is permanent even if residing in a State. Besides, the US Constitution doesn’t mention unincorporated Territories in the 14th Amendment.

To understand the non-permanency of Statutory US Citizenship, read the US Constitution; US Supreme Court Decisions (including Insular Cases); Presidential Task Force Reports on Puerto Rico Status, and Congressional Reports that state statutory US Citizenship isn’t permanent. Also, read expert conclusions (like former US Attorney General Thornberg, Judge Torruella, Judge Gelpi, and Others…) All point out that the US Constitution is not fully applied to unincorporated Territories…

Statutory US Citizenship is by virtual of a Law that can be revoked by US Congress, no matter where statutory US Citizens reside because they weren’t born in a State (protected by the 14th Admendment)… Plus, upon the Independence of a US Territory, the Territorial Clause, Insular Cases, and the 1917 Jones Act cease to exist, thus, statutory US Citizenship is lost. Only those US Citizens that acquired their US Citizenship by means of the 14th Amendment… and decedents keep their permanent US Citizenship…

The holders of Statutory US Citizenship received it when they lived in a Territory, not a State… There is enough proof (see Enclosure), unless the US Supreme Court decides otherwise, that statutory US Citizens born in Puerto Rico, don’t have permanent US Citizenship…

There are only four forms of Government mentioned in the US Constitution: One for States; one for Territories; one for Indian Tribes; and one for the District of Columbia (DC).

Please, read all the research facts; enclosures of the updated Summary. I keep an open mind for any proof that statutory US Citizenship is permanent if residing in a State…. But, present any US Supreme Court Decisions to the contrary of the above. THANKS!
 
(DRAFT 1)
**RESOLUTION- for EQUAL RIGHTS for PUERTO RICANS **
We___________________________________________, Petition our US Congress and US President to provide equal Civil Rights to millions of fellow US Citizens-US Veterans in the US Territory of Puerto Rico (with more US Citizens than 20 States); and millions of statutory US Citizens-US Veterans residing in the States (our Constituents) that don’t have a permanent US Citizenship.
WHEREAS, Facts are: Since, 1898 (for 125+ years)—fellow/ loyal US Citizens-US Veterans (part of “We the People”), in the US Territory of Puerto Rico (PR) (with more US Citizens than about 20 States)–have made many valuable Contributions to our USA/ given their blood for our USA Flag; but, are still under the undemocratic control of the Federal Government; have NO Federal “Consent of the Governed”; are not treated FAIRLY like other US Citizens-US Veterans, and
WHEREAS, the US Congress, has imposed the Jones Act (1917) where fellow, but, born 2d Class US Citizens-American Veterans have –NO Vote for US President; NO just representation in the US Congress; NO Parity in Federal Laws-Programs-Funding; NO permanent statutory US Citizenship (even if they reside in a State/Florida-includes Our Constituents of over 1.3 million Florida Voters), and
WHEREAS, Loyal Puerto Ricans (integrated born US Citizens-American Veterans-Patriots of True Grit) are the 2d largest Hispanic Ethnic Group in the US- about 9+ million strong (PR: 3.4 m/ States: 5.6+ m)- have made great contributions to our US in all Fields of Endeavor; have sacrificed; shed sweat, blood and tears for our noble US Flag, and cherish their US Citizenship; have voted in Constitutionally CERTIFIED Plebiscites for STATEHOOD (2012, 2017 & 2020); are against Independence (which only got 2-5% of the Vote) in the last 6 local Plebiscites; and
WHEREAS, brave American Veterans from Puerto Rico (without full Rights) fight and fought, under our gran US Flag- in WW-I, WW-II, Korea, Vietnam, Global War on Terrorism…until Today that includes- nine Medals of Honor and many other Individual and Unit Battlefield awards, and
WHEREAS, the Puerto Rican US 65th Infantry Regiment (Borinqueneers-brave “Warriors of Good”); many now live in Florida (along with 1.3 million of Puerto Rican heritage) defended our noble US Flag, since 1899- received the “Congressional Gold Medal”—highest Honor our US Congress, with US President, can bestow; fixed Bayonets, took the Hill (Korea), in the last Infantry charge in US Army History; help save the encircled US Marines (Korea) while facing Federal discrimination/racism, and
WHEREAS, Puerto Ricans-patriotically cherish their US Citizenship, Values, Freedom, and our Representative Democratic system; are integrated in the American way of life; bravely support our great US Constitution-US noble Flag-which UNITES all loyal US Citizens as we work for the Good of All, and
WHEREAS, Puerto Rico- a captive Market, creates hundreds of thousands American Jobs; contributes to the Macro US Economy; pays some Federal overt and hidden Taxes (more than 6 States); but, is not always treated the same in Federal Laws or in about 42 Federal Programs (Social Security, MEDICARE, MEDICAID, Education, Infrastructure, Transportation, Disaster Funding, Veterans and others); and suffers from other inequalities-that ties their hands to fairly compete; limits progress, and
WHEREAS, Puerto Rican Spanish Ancestors (1st PR Governor and Crew) came from Puerto Rico (Boriken) to find Florida (now US), and brought Christianity; advance Civilization (of the times), Cows, Horses, Pigs and other good things—107 years before the Pilgrims; others fought in the US Revolutionary War… until Today (under the US Flag), and
WHEREAS, statutory US Citizens don’t have a permanent US Citizenship (even if residing in a State/Florida) because statutory US Citizenship was granted base on the Territorial Clause, Insular Cases, and 1917 Jones Act; not acquired by the 14th Amendment (that doesn’t mention Territories), and
WHEREAS, the Federal Government is the Servant of ALL the People, not the Master of some, as we Guard against a “Tyranny of a Majority”; no taxation without representation…, and
WHEREAS, our US Republic (a Government by “We the People”) was founded by our Declaration of Independence that calls for “consent of the Governed” for all; and our evolving US Constitution (with 27 Amendments), calls for a Republican form of Government (means a “Representative Democracy”—with Individual Freedom, Fairness, Equality, and Justice for ALL), but, this is not fully applied to US Citizens-US Veterans in Puerto Rico, and,
WHEREAS, the Federal Government must end the ageless excuses, generalizations, and political distortions, that discriminate against fellow US Citizens-American Veterans as you can’t have it both ways (either you support Equal Rights for All or you support discrimination).

THEREFORE, We resolve and patriotically petition our Federal Government (US President; US Congress; US Federal-Supreme Court), to provide Fair Treatment-Equal Individual Civil Rights for ALL “WE THE PEOPLE”—including fellow US Citizens-American Veterans in the US Territory of Puerto Rico & Florida. We recommend, to right a wrong, the Federal Government Conduct:
• A sanctioned Referendum on defined constitutional NON-Territorial Options which only are: Statehood (admittance to our Union of States with State Identity, Constitution, Flag, and Sovereignty; permanent US Citizenship) vs Independence or Independence with a PACT- “Free Association” (National Sovereignty; PR Citizenship).
**Alternative: do a Plebiscite on: STATEHOOD “YES or NO.” Let the People Vote!
• Guarantee that statutory US Citizens-US Veterans residing in the States/ Florida, that have a stake in the fight–don’t lose their statutory US Citizenship by naturalizing them under the 14th Amendment should Independence win.
Let the People VOTE-decide! Let Democracy-Freedom ring for the good of ALL!

SIGNED:

**SEND TO: US PRESIDENT; US CONGRESS (HOUSE and SENATE)
DRAFTED by: Dennis O. Freytes (MPA; MHR; BBA), Florida Veterans Hall of Fame; Community Servant Leader- E: dennisfreytes@hotmail.com / PH: 407-298-1151
*NOTES:

1. This is not only a Group question on the discriminatory Territorial Status, but, more important- it’s a US Constitutional moral one to provide FAIR Treatment; EQUAL Rights in a level playing field that liberates the educated and hard-working Puerto Rican Entrepreneurial Spirit.
2. The only US Constitutional NON-Territorial Options (per US Justice Department) are: STATEHOOD vs INDEPENDENCE or INDEPENDENCE with Pact of FREE ASSOCIATION.
3. Since 1898-over 125+ years, Puerto Rico has been the oldest US Territory in History, under our US Constitution trite “Territorial Clause” (written in 1787), that states the “US Congress shall have the power to dispose of, and make all rules and regulations pertaining the Territory or Property belonging to the United States” under Federal undemocratic control.
4. The “Insular Cases”(1901-1925+) determined, in racist times, that the US Congress could “discriminate” in applying the US Constitution (1901-Downes vs Bidwell) to the “unincorporated US Territory that is “more foreign than domestic, belongs to, but is not part of the United States” (1922-Balzac vs Porto Rico) is still in force; are discriminatory terms not found in our US Constitution nor applied to other Territories before Puerto Rico which questions, how can millions of US Citizens-American Veterans (WE THE PEOPLE) be treated as foreign (even in the 2017 Federal Tax Reform) under our US Flag.
5. Facts are, since 1898, millions of fellow US Citizens-American Veterans suffer Federal discrimination that greatly contribute to the US Territory of Puerto Rico’s “Economic-Jobs; Fiscal-Debt; Infrastructure; Humanitarian; Status-Equality CRISIS” (where each part affects the other; the Federal undemocratic Territorial Status affects everything); tying PR’s hands to fairly compete in a level playing field; creating a humanitarian exodus to the States; with most coming to the great State of Florida- taxing State and Local resources.
6. The 1950 Federal Relations Act, & Pub. L. 82–447, permitted the US Territory of Puerto Rico to organize a local Territorial Government (called “Commonwealth or ELA-Free Associated State”, but, these terms are not found in the US Constitution), pursuant to a constitution of their own adoption (as approved by US Congress which can unilaterally change this); treated Puerto Rico almost as a State, but, still under the absolute control of US Congress, per the Territorial Clause- (which means Puerto Rico’s real Status is that of a US Territory; not Commonwealth or ELA (which are distorted political terms), and
7. PR elected a Government for Equality through Statehood; Polls (Gallop…) show majority support for Statehood (both in the States and Territory)…
   NOTE 1: Puerto Ricans want Statehood-Puerto Ricans (integrated born US Citizens-American Veterans)– cherish their US Citizenship; have voted in CERTIFIED Plebiscites (that Constitutionally count) for STATEHOOD (2012, 2017, & 2020); are against Independence (which only got 2-5% of the vote) in the last 6 Plebiscites; elected a Government for Equality through Statehood…; have made many valuable contributions to our USA, since 1513-when their Ancestors came to the now US—107 years before the Pilgrims; fought in the US Revolutionary War… until Today. Puerto Ricans sacrifice; shed sweat, blood, and tears for our noble US! Plus, Polls (Gallop…) show majority (last one 66% of Americans) support EQUALITY through Statehood for US Territory of PR.
   NOTE 2: STATEHOOD-Puerto Rico and DC (District of Columbia)* The Federal Government should NOT tie STATEHOOD for Puerto Rico to the District of Colombia. These are two separate issues; should be addressed differently, because–DC is under a different US Constitution Clause; can vote for US President; has Parity in Federal Funds; a permanent US Citizenship; higher per capita income… Plus, for DC to become a State it needs an amendment to the US Constitution. While, Puerto Rico doesn’t!
   Equality for US Citizens in DC-best Options The DC population is very small compare to other States… Thus, except for Federal Property (which would be called DC); give other DC Land (where People Live; not Office space) back to Maryland from which it was taken or allow them to vote in Maryland through a Constitutional Amendment… This Achieves EQUALITY.
   NOTE 3: Provide EQUALITY-PROGRESS through STATEHOOD with– permanent US Citizenship, Benefits and Responsibilities; STATE—Identity (Boricua); Constitution, Flag, and Sovereignty–like other States have. (In the US UNION– each State complements/strengthens the others; UNITED for the Good of ALL “WE THE PEOPLE”!

ENCLOSURES
NAPREC—Puerto Rico Equal Rights Forum
Hola! Below is an interview, based on facts, NAPREC did with the Chairman of the PR Democrat Party and the Chairman of the PR Republican Party which are UNITED in non-partisan ACTION to ensure Equal Rights for US Puerto Ricans-US Veterans; getting US Congress to pass HR 8393–a Plebiscite on non-territorial Options that only are: STATEHOOD vs INDEPENDENCE (or Independence with a PACT of Free Association). SHARE!

Best OPTION: PR Equality and Progress with STATEHOOD.

Please, make a difference/ patriotically support PR full Civil Rights; take Civic ACTION to get HR 8393 passed by the US Congress; end Federal colonial discrimination against Puerto Ricans that have NO Federal consent of the governed. UNITED with the facts, truth, reason, and Civic ACTION, we will prevail! THANKS! God Bless! SHARE!

**NAPREC Interview with the PR Democratic Party Chair and PR Republican Party Chair on Equality for Puerto Rico— (Click or Copy and Paste…) SHARE!

PATRIOTS for PR EQUAL RIGHTS-USA (RT)
DENNIS O. FREYTES
Florida Veterans Hall of Fame
E: dennisfreytes@hotmail.com