PATRIOTS for EQUAL RIGHTS-USA – By DENNIS O. FREYTES (MPA; MHR; BBA

01/09/2024 | Filed under: Campaña | Posted by: Francisco

PATRIOTS for EQUAL RIGHTS-USA
DENNIS O. FREYTES (MPA; MHR; BBA)
Florida Veterans Hall of Fame
E: dennisfreytes@hotmail.com

–EQUAL US Citizenship-Civil Rights for ALL; END Puerto Rico’s undemocratic Status!–
Since 1898, the US Federal Government undemocratically controls the US Territory of Puerto Rico (PR)-(with
more US Citizens than 21 States)– that have NO Federal “consent of the governed”, as Patriots demand Equal
Civil Rights-Fairness; revocation of unjust Laws; a Non-Territorial/Non-Colonial Status!
FACTS are– Today, millions of 2d class US Citizens-US Veterans in Puerto Rico (PR) (part of “We the People”)
have: NO Vote for US President; NO just Representation in US Congress; NO Parity in Federal Laws, Programs,
or Funding (like in Social Security, MEDICARE, MEDICAID, Social, Infrastructure, Education, Emergency,
Veterans…); NO permanent statutory US Citizenship (even if moving to a State)…!
Plus, the Federal Government controls PR’s Borders, Currency, Laws, Security, Economy, Trade, etc.—under the
unjust/ trite Territorial Clause (1787); racist Insular Cases (1901-1925); other biased Laws—where the US
Constitution is not fully applied to Puerto Rico…! (Unfairly going on for 125+ Years)!
Besides, Puerto Ricans face a magna CRISIS and Exodus to the States–which major ROOT components are-
Economic; Fiscal; Infrastructure; Social; and Territorial Status—where each PART affects the other. The Federal
undemocratic Territorial status affects everything; brings instability…; ties PR’s Hands to fairly compete-grow the
Economy; limits progress; goes against our US Democratic core principles…!
The Federal Government should be the Servant of ALL the People; NOT the Master of some!
The People with Equal US Citizenship/ Rights come first, not a “separate & unequal” Status! In our US Republic,
the power resides with all “We the People” (made up by individuals)–per our Declaration of Independence that
calls for “Consent of the Governed”; noble US Constitution that calls for Equal Rights-Fairness, and a Republican
form of Government or a Representative Democracy! Even if one US Citizen (Individual) doesn’t have full Rights,
it’s one too many!

“NO Federal VOTE or just Representation; results in NO Democracy!”

Our Federal Government can end this unjust inequity now, but, has not done so! It incongruently does not act to
end PR’s Federal undemocratic Territorial Status; or amend/ revoke unjust-unequal Laws that limit Progress.
Instead, some Generalize; spin-politically distort; provide biased/racist EXCUSES that blame the Victim; create
double standards not applied to Others…-resulting in confusion/a stalemate that perpetuates Federal subjugation!

Puerto Ricans Sacrifice & Contribute to our USA since 1513!

Hispanic US Puerto Ricans (PR) are about 10m strong (most live in the States) as they are integrated; greatly
sacrifice, and loyally contribute (in all fields of endeavor) to our diverse USA; have patriotically shed sweat,
blood, and tears for our US Flag (WWI; WW-II; Korea; Vietnam; Global War on Terrorism). Also, PR has a GDP
better than 14 States; pays more Federal taxes than 6 States; is a US Market that creates over a million US Jobs…
PR Ancestors (1 st Governor of PR/Crew) came from PR to Florida (in 1513)-107 years before the Pilgrims; others
fought in the US War of Independence (1776); brought Christianity/good things to our now USA!

Silence to discrimination; supports injustice!

One can’t have it both ways; either patriotically support Equal Rights or
You allow unjust Federal discrimination or the “Tyranny of the Majority”!

FIX: Our Federal Government must END Federal unjust control of PR; ensure Equal US Citizenship… Do a
Plebiscite with properly defined and viable Non-Territorial Options; let the people democratically VOTE on:
STATEHOOD vs INDEPENDENCE (Without or With a Free Association Pact)
In our “UNION of States”–each State complements each other; is stronger than by it-self; as UNITED there is
more Progress–for the Good of All!

“En la UNIÓN está la Fuerza!”

Only Statehood guarantees a permanent US Citizenship! Statutory US Citizens (even if residing in a State) have a
non-permanent US Citizenship– per US Constitution’s Territorial Clause, Insular Cases & !917 Jones Act that
will end upon Independence… Thus, they have a Stake in the fight; should be naturalized, per 14 th Amendment…!

“Equality for a more perfect UNION!”

Today, Hispanic-Puerto Ricans are being treated unjustly by their Federal Government (Legislative, Executive &
Courts)-that, at times, misinterpret the US Constitution or do nothing for Equal Civil Rights for PR or mean–“All
People are Equal; but, some People are more Equal than Others!” In our US Republic– the power should reside
with ALL the People or should be “a Government of the People, by the People, and for the People” ( Lincoln)!

“Patriots call for FAIRNESS; JUSTICE; Civic Action!”

THE TIME IS NOW: demand our Federal Government take ACTION to ensure Equality; Democracy:
1. Do a PR Plebiscite on viable Non-Territorial Options—STATEHOOD vs INDEPENDENCE vs
INDEPENDENCE-Free Association Pact-Support HR-2757/ S: 3231-PR Status Act (w/amendments).
2. Revoke un-just Laws (like the racist “Insular Cases”, 1920 Jones Act…); Incorporate Puerto Rico.
3. Amend USC (US Constitution); adopt: “US Citizens’ Equal Rights-Protection Clause” that treats all US
Citizens equally-no matter the residency, under our noble US Flag! (Enclosure)
4. Revoke or Amend USC-update “Territorial Clause” with more rights; a “Status” limit. (Enclosure)
Best Option: “PR EQUALITY & PROGRESS with STATEHOOD!”

Patriots call to Civic ACTION for PR Equal Civil Rights- EDUCATE on Facts; CONTACT: MEDIA; US
Congress: https://contactingcongress.org/ & US President: http://www.whitehouse.gov/contact
UNITED-with Truth, Reason, and Civic Action for the Good of All-Family, USA, and Humanity!

God Bless our DIVERSE & UNITED noble USA!
BY: DENNIS O. FREYTES (MPA, MHR, BBA)-FL Veterans Hall of Fame
NOTES: US Citizenship (Types/Basis) Summary; Key Points–
1. Individual Birthright Citizenship-“jus soli” (right of soil) per the 14th Amendment (States: “All persons born or
naturalized in the United States…are citizens of the US and of the State wherein they reside.” (unquestioned permanent
US Citizenship) (US Territories are NOT mentioned or included…)
2. Naturalization Citizenship—process through which immigrants from other countries can also become citizens if they
wish to … (per 14th Amendment) (unquestioned permanent US Citizenship)
3. Acquired Citizenship (“jus sanguinis”-right of blood by descent) – those born in other Countries that acquired US
citizenship from their US Citizen Parents-… (per US Congress-8 USC Code)
4. Group Statutory US Citizenship- per the US Territorial Clause; Insular Cases (1901-1925+); Jones Act (1917); 8 USC
Code §1402 (which can be amended or revoked)–Ends upon Independence…
–The US Supreme Court (Insular Cases) has wrongly established that the US Constitution doesn’t fully apply to Puerto Rico,
except for some broad rights that have not been defined (Harris v Rosario-1980/Other Cases)…
+STATEHOOD-MEANS: Admission to our diverse “UNION of STATES”– under US Constitution/ Laws/ Democracy;
EQUAL US Citizenship with full Rights, Benefits, and Responsibilities; with PR-STATE Identity, Constitution, Flag,
Sovereignty… as other States & other US Citizens have…
+INDEPENDENCE- MEANS: Puerto Rico National Sovereignty; PR Constitution/Laws, PR Citizenship…; with loss of US
Constitution & statutory US Citizenship, Rights, and Benefits…
+INDEPENDENCE with Free Association PACT-MEANS: Puerto Rico National Sovereignty; PR Constitution/ Laws, PR
Citizenship…; with loss of US Constitution & statutory US Citizenship, Rights, and Benefits… But, with a
negotiated/limited PACT between Independent Nations on Terms (like trade, defense, etc.) that can be terminated by either
side…
 Territorial Clause (1787) states: “US Congress shall have the Power to dispose of and make all rules and regulations
respecting the Territory or other Property that belongs to the US.” (Un-democratic)
 Insular Cases (1901-1925+ based on racism)-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”/ 2d
Class US Citizenship which goes against American values; a Representative Democracy!
–This nonsensical/unjust Legal gibberish (US Supreme Court sustained) are double standards NOT applied to other US
Territories before PR; isn’t in US Constitution; are based on Racism by same Court of “Plessy vs Ferguson”…; condemned as
unconstitutional by Justice Gorsuch, Sotomayor, and many Others– who support revoking them.)
 Jones (Merchant Marine) Act (1920)—unfairly imposes higher costs on Puerto Rican Consumer Goods; badly hurts the
Economy/progress; as a majority of States doesn’t pay this unfair hidden tax.
Our original US Constitution has good things, but, it was biased/ racist. Today, we own our US Constitution that is still left
to misinterpretation… Thus, we must make it better/amend it; ensure Equal Civil Rights; Justice for All!

–A Patriots call to CIVIC ACTION!–

We, Patriots of True Grit, will never give up in the quest for Hispanic-Puerto Ricans’ Equal Civil Rights; an end to
the Federal undemocratic control of the US Territory of Puerto Rico (since 1898)! Join a just cause– Use the
comments above, then–contact our US Congress and US President to do a Plebiscite on viable and properly
defined Options that will end Federal discrimination/subjugation of US Hispanic Puerto Ricans, now! THANKS!

PATRIOTS-EQUAL RIGHTS-USA

EQUALITY & PROGRESS = STATEHOOD!

STAND-UP for our “We the People” DEMOCRACY-Equal Civil Rights!

GET THE MEDIA… TO ASK:

QUESTION FOR CANDIDATES: US President; US Congress; Others

Q: After 125+ years (since 1898) of Federal undemocratic control/ subjugation of US Citizens-US Veterans
in the US Territory of Puerto Rico (with more US Citizens than 21 States)–that have NO Federal “consent of
the governed” (NO Vote for US President; NO Federal just representation; NO Parity in Federal Laws; NO
permanent Statutory US Citizenship (EVEN in a STATE) as–
“The Federal Government should be the Servant of ALL the People; NOT the Master of some!”
THUS, WILL YOU patriotically stand-up; take ACTION (without providing excuses that discriminate or
blame the Victim) for– our core values/principles enshrined in our Declaration of Independence that calls for
“consent of the governed”; our US Constitution that calls for a Republican form of Government (or a
Representative Democracy) where the final Power resides with all “We the People”–
 BY SUPPORTING-a Federal Plebiscite on viable Puerto Rico NON-Territorial Options: STATEHOOD
vs INDEPENDENCE vs INDEPENDENCE-with Free Association Pact– like in HR-2757-and S:3231–
the “PR Status Act” that is before the US Congress; let the People VOTE?
 The BEST Option: PR Equality & Progress with STATEHOOD!

-God Bless our DIVERSE & UNITED noble USA!-

XXX

“You can’t have it both ways-either you support Equal Civil Rights for ALL US Citizens (“WE THE
PEOPLE”) or you excuse Federal discrimination against Hispanics-Puerto Ricans!”

NOTES:-Equal US Citizenship-Rights; end PR Federal undemocratic Status, now!-
Plus, the Federal Government controls PR’s Borders, Currency, Laws, Security, Economy, Trade, etc.–under the
unjust/ trite Territorial Clause (1787); racist Insular Cases (1901-1925); other un-equal Laws—where the US
Constitution is not fully applied to Puerto Rico! (Unfairly going on for over 125+ Years)!
Besides, Puerto Ricans face a magna CRISIS and Exodus to the States–which major ROOT components are-
Economic; Fiscal; Infrastructure; Social; and Territorial Status—where each PART affects the other. The Federal
undemocratic Territorial status affects everything; brings instability…; ties PR’s Hands to fairly compete-grow the
Economy; limits progress; goes against our US Democratic founding principles!
"Judge on MERIT based on empirical FACTS; FAIRNESS!"
BE a—Warrior of Good; Guardian-Defender of Justice!
ENCLOSURES: Researched Facts/Comments/Sources on US Territory of Puerto Rico
++NAPREC PR Equality Talks: SHARE!
 UCF PR Research Hub: https://youtu.be/3LfuRRd_5j8
 PRFAA Director: https://www.youtube.com/watch?v=cdikfR4_Q0A&t=19s
 PR Republican (Lic. Cintron & Democratic (Sen. Charlie Rodriguez) Party Chairs:
https://m.facebook.com/watch/live/?extid=CL-UNK-UNK-UNK-IOS_GK0T-GK1C-
GK2C&ref=sharing&v=459054759051385&paipv=0&eav=AfbF11Y4fg3rmJaqmcs9yP9ftlIUdiXF6ij8nx
QEJRnFKUYDh03V6tf3_ysci71Mtdc&rdr#=_
 RC/now PR Governor Pierluisi on TV-CSPAN calls Dennis Freytes a “True Patriot…”-

PATRIOTS for PR EQUAL RIGHTS-USA (RT)

DENNIS O. FREYTES
Florida Veterans Hall of Fame
E: dennisfreytes@hotmail.com

Patriots cry to Action- “Equality for a more perfect UNION!”
TO: Honorable US Congress; US President; US Federal/ Supreme Court; PR Government
RE: Do Right–Support Equal Rights for Puerto Ricans; Plebiscite on Non-Territorial Options
Hi! Today, the US Federal Government undemocratically controls the US Territory of Puerto Rico (PR)-with more
fellow US Citizens-US Veterans than 21 States that have NO Federal consent of the governed! Thus, we ask you to
fix this; patriotically support a Puerto Rican democratic Vote on: STATEHOOD vs INDEPENDENCE or
Independence with Free Association– that will end Federal oppression, going on since 1898 (for over 125+ years).
We must right a wrong, now!

Even if one US Citizen (Individual) doesn’t have full Rights, is one too many!

Facts are: Since 1898 (when Puerto Rico was invaded by the US)–millions of fellow US Citizen-US Veterans have
a 2d Class US Citizenship-NO Vote for US President; NO just Representation in the US Congress; NO Parity in
Federal Programs-Laws-Funding (includes Social Security, MEDICARE, MEDICAID, Emergency Management,
Infrastructure, Education, Social, and Others); NO permanent statutory US Citizenship (even if residing in a State).
Plus, the Federal Government– controls PR’s Borders, Currency, Laws, Security, Economy, Trade, etc.–under the
unjust (1789) Territorial Clause.
The Federal Government should be the Servant of ALL the People; NOT the Master of some!
The People with Equal Rights come first, not a “separate & unequal” Status! Remember, in our great US Republic,
the power resides with all “We the People” (not just some)–per our Declaration of Independence that calls for
“Consent of the Governed”; our noble US Constitution that calls for Equal Rights-Fairness, and a Republican form
of Government or a Representative Democracy (“a Government of the People, by the People, and for the People”–
Lincoln)! Besides, unjust Laws (racist Insular Cases) which allow for the US Constitution to NOT be fully applied
to US Puerto Rico– must be revoked!

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
US Jobs. PR Ancestors (1 st 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.
“We must Guard against a Tyranny of a Majority!”

The FEDERAL GOVERNMENT can end this unjust inequality now, but, has not done so! Instead, some provide
ageless EXCUSES that create a double standard that weren’t applied to other US Territories before Puerto Rico;
politically distort; are biased or racist; misinform. This creates stalemate; perpetuates Federal oppression which is
against the highest precepts-ideals of our Representative Democracy!
“You can’t have it both ways, either you support Equal Rights or you allow Federal discrimination!”

Silence to Federal discrimination; supports injustice!

THE TIME IS NOW to patriotically ensure Equal Rights-Fairness for all “We the People”, not just some! Support
a Federal Plebiscite on-Territorial Options: STATEHOOD vs INDEPENDENCE (without or with Free Association
Pact)! Let the People VOTE for Equality!

UNITED with Truth, Reason, and Civic Action-Democracy will prevail!

For the Good of ALL! V/R,
DENNIS O. FREYTES (MPA, MHR, BBA); US Army Ret.; Servant Leader
FLORIDA VETERANS' HALL OF FAME (FL Governor; House; Senate)
Advocate-Fairness/Equality; US Veterans; NAPREC Board; *Advisory/Policy Boards-US President; Congress; Governor; Mayors
*Former-Trustee Valencia College (by FL Governor; Senate-confirmed) Commander Infantry, Special Forces; Airborne School; Readiness
Group Commander PACCE-Global Humanitarian Missions (Medical/Engineers)Professor Military Science/Commander USA Officer
School (Cadet Brigade)
ENCLOSURES (4): Executive PR Status Summary; Other
+Equality Talks: https://www.youtube.com/watch?v=cdikfR4_Q0A&t=19s

-STATUTORY US CITIZENSHIP is UNFAIR; NOT PERMANENT (SUMMARY)-

Statutory US Citizenship is non-permanent as it’s governed by the trite 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 Properties belonging to the US…” Besides, 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.)
The only permanent with full rights/due process US Citizenship is per our US Constitution’s 14th Amendment
(1868): “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 14th Amendment (that supersedes) does not mention
US Territories, especially “unincorporated Territories” which incongruently are not considered part or soil of the
US…” per the racist and discriminatory US Supreme Court “Insular Cases” (which also state the US Constitution
doesn’t fully apply to “unincorporated” US Territories; making a statutory US Citizenship not permanent (under
Article 4-Territorial Clause; not under Article 1 or 14 th Amendment).
The legal meaning of statutory US Citizenship is a confusing and complex issue that is unsettled law…but, there is
ample evidence that it is NOT permanent! There is no precedence or settled law or Constitutional Article, or
Supreme Court Decision that mentions statutory US Citizens have a permanent US Citizenship or is for “Life with
benefits…” which contradicts those that say this is possible… 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 (without or with a Free Association Pact)! (See below researched Sources/
Enclosure.)
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… Plus, US Laws (like the Territorial Clause,
Insular Cases, the 1917-Jones Act (which granted a statutory US Citizenship to Puerto Ricans), and the 8 th USC
Code–will cease to be in effect, and subject to no negotiation; and can’t be imposed on an Independent Nation
with its own Constitution, Citizenship, and Sovereignty. Also, in our US Constitution there is no mention of
“Group Dual Citizenship” provided to a Foreign Country…
A Nation can’t be Sovereign with the Citizenship of another Nation! Where would the National Loyalty lie? The
US Congress (is not above our US Constitution); doesn’t have the power to grant or impose National US
Citizenship to the Citizens of an Independent Nation or provide US Citizens with Federal benefits in another
Country (that will manage these benefits), under any Pact. Thus, Puerto Rican statutory (by Law) US Citizenship
can be lost (even for those residing in a State), under Independence…
THUS, the main Types-Sources-Basis of US Citizenship are:
 Individual Birthright Citizenship-“jus soli” (right of soil)–per the 14th Amendment (States: “All persons
born or naturalized in the United States…are citizens of the US and of the State wherein they reside.” (Doesn’t
mention Territories…) (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 (“jus sanguinis”-right of blood by descent) – those born in other Countries that acquired
US citizenship from their US Citizen Parents-… (per US Congress-8 USC Code)
 Collective Statutory US Citizenship- per the US Territorial Clause; Insular Cases (1901-1925+); Jones Act
(1917); 8 USC Code §1402 (which can be amended or revoked)–Ends upon Independence…

Patriots rise for Equal US Citizenship-Rights!

Statutory US Citizens that reside in the States have an equity interest because they can lose their statutory US
Citizenship under Independence (without or with a Pact of 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 14 th Amendment) or let them Vote because the outcome affects them… Only Statehood guarantees
permanent US Citizenship!

6
Today, there are two types of US Citizenship: one permanent per the 14 th Amendment with full rights, and benefits;
the other not permanent without full rights and benefits, under the will of Congress as our US faces an incongruent
dichotomy; on the one hand all “We the People” should be treated Fairly-Equally, but today, part of “We the
People” are not treated Fairly-Equally!

The Federal Government should be the Servant of the People; not the Master of some!

Silence to discrimination; supports injustice!

FIX: Our Federal Government (Legislative, Executive, & Judicial) must focus on Equal Rights for all (the bedrock
of our Democracy); conduct a defined PR Plebiscite, with non-Territorial options-which are:
 STATEHOOD-MEANS: Admission to our diverse “UNION of STATES”– under US Constitution/ Laws/
Democracy; EQUAL US Citizenship with full Rights, Benefits, and Responsibilities; with PR-STATE
Identity, Constitution, Flag, Sovereignty… as other States & other US Citizens have…
 INDEPENDENCE- MEANS: Puerto Rico National Sovereignty; PR Constitution/Laws, PR Citizenship…;
with loss of US Constitution & statutory US Citizenship, Rights, and Benefits…
 INDEPENDENCE with Free Association PACT-MEANS: Puerto Rico National Sovereignty; PR
Constitution/ Laws, PR Citizenship…; with loss of US Constitution & statutory US Citizenship, Rights, and
Benefits… But, with a negotiated/limited PACT between Independent Nations on Terms (like trade, defense,
etc.) that can be terminated by either side…

Best Option: “PR EQUALITY & PROGRESS with STATEHOOD!”

In a UNION-each State is stronger than by itself; complements others, with progress–for the Good of All!

“En la UNIÓN está la Fuerza!”

THE TIME IS NOW for truth and reason; to take patriotic Civic Action; get our Federal Government to redress a
grave wrong; ensure FAIRNESS-Equal US Citizenship-Rights for all “WE the People” through a
sanctioned/rightly defined PR Plebiscite between the only non-territorial options (STATEHOOD vs
INDEPENDENCE -Without or With Free Association Pact). Let the People VOTE; Democracy perdure!
(By: Dennis O. Freytes-Florida Veterans Hall of Fame; former PMS-Professor UPR…)

XXX

Statutory (by law) US Citizenship Summary

The US Supreme Court (Insular Cases) has established that the US Constitution doesn’t fully apply to Puerto
Rico, except for some broad rights that have not been defined. (Harris v Rosario-1980)…
Territorial Clause (1789): “The US Congress shall have the power to dispose of and make all rules and
regulations pertaining to the Territory or other property belonging to the US.” (Statutory US Citizenship was
extended to a “Group” not to an Individual like in the 14 th Amendment; ENDS upon Independence).
The 1917 Jones Act-8 th USC Code–provide a Group un-permanent statutory US Citizenship; are based on the
temporary Territorial Clause, not the 14 th Amendment that guarantees permanent Citizenship.
Insular Cases (1901-1925+): Puerto Rico “is more foreign than domestic, belongs to, but is not part of the
US… (Soil)” (which needs to be revoked because it’s based on Federal discrimination-racism…)
USC Code §1402-is only for Persons born in the US Territory of Puerto Rico (doesn’t mention “birthright”
Citizenship…); isn’t under Naturalization… This is a specific Code that can be amended or revoked (like in
the past); is non-permanent; and doesn’t apply upon Independence…
The US Constitution or US Laws can’t be extended to an Independent Nation as the US Congress is not above
the US Constitution. But, it can amend or revoke any Laws-Codes it makes which will cease to apply to a US
Territory if it becomes an Independent Nation (with or without Free Association)
“Group” issued statutory US Citizenship is based on the Territorial Clause…, will end upon Independence.
Only Statehood guarantees a permanent US Citizenship… (See Research/Facts)
Congress has no ‘power, express or implied, to take away an American Citizen’s citizenship without his
assent,’ Afroyim v. Rusk…But, as pointed below these were utterances bottomed upon Fourteenth
Amendment citizenship and that Amendment’s direct reference to ‘persons born or naturalized in the United
States.’
SEE ENCLOSURE FOR MORE FACTS-SOURCES–

Some SOURCES-Statutory US Citizenship is un-permanent

Let’s strive for the truth/facts based on reason; constitutional text (not baseless interpretation); context; historical
practice, and precedent, not, nonsensical legal gibberish that goes around in circles. The below sources establish–
the term “the United States” in the 14 th Amendment doesn’t include unincorporated Territories… Unjust Laws that
go against Equal Rights must be overturned!
 The 14 th 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…”
 The 14 th 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” (Soil)…
 “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 (or a Free Association Pact)…as the US Constitution and Federal Laws end
upon Independence…
 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.
NOTE: 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; per other facts.
 Afroyim v. Rusk (1967), established that citizens of the United States cannot be deprived of their citizenship
involuntarily. But—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 (under the Territorial Clause…). 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.
 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. (Former US Attorney General
Thornburg; Others)
 US Supreme Court Rabang Case (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:
 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.”

 “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 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 achieving for peoples around the globe.”
 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…
 Congressional GAO Report (1997)-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:
 People born “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).
 That is why federal statute law (8 USC 1401) had to be enacted to provide for naturalization of persons
born outside a State of the Union based on relationship to a U.S. citizen parent…
 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.
 US v Vaello-Madero (21 APR 2022)-US Supreme Court unjustly Rules-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 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).
 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!
 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.”
 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.”

9
 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:
 Code §1401. Nationals and citizens of United States at birth US Citizenship (Covers all US Citizens, but,
not statutory PR-US Citizens which are covered under a different Status-Code…)
 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
territory 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.”
(It doesn’t mention “Natural” or “Birthright” or that it is permanent…)
 Statutory US Citizens from the” unincorporated” US Territory of Puerto Rico are not included in Part I
§1401 (which includes all other natural born US Citizens of the US– as “birthright” and “jus soli” (right
of soil)…
 Statutory US Citizens aren’t included under Part II: Nationality through Naturalization Part… (which
doesn’t mention statutory US Citizenship or Territories…).
 Statutory US Citizenship is un-permanent; by a Law that can be amended, revoked or ends upon
Independence… It’s not by “birthright” or “natural”…; nor fully protected by the 14 th Amendment or Due
Process (which doesn’t cover suffrage) as it’s covered under a different code.
 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-
section1402&num=0&edition=prelim
 There are other Cases that support a statutory US Citizenship is not permanent unless it’s through
STATEHOOD.
“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.”
NOTE: “The Constitution grants Congress and the President the power to acquire, dispose of and govern territory,
not the power to decide when and where its terms apply… Abstaining from questions involving forward
sovereignty and territorial governance is one thing. To hold the political branches have the power to switch the
Constitution on and off is quite another…” (Judge Gelpi)
NOTE: Puerto Rico’s status, under the US Constitution is “US Territory” NOT “Commonwealth” or “ELA-Free
Associated Stated” which is the name of the US Territory Government…These terms are used to fool or confuse
People as to the true Territorial Status of Puerto Rico! “Commonwealth” or “ELA-Estado Libre Asociado” (“is a
dressed Pig with lipsick o Puerca de Juan Bobo”)–should not be used in Plebiscites…as they wrongly portray the
true Territorial Status…; bring stalemate to end Federal oppression!
XXX

(DRAFT 1-Short Version)

2024

TO:
RE: PR Equal Civil Rights-End Undemocratic Territorial Status
PETITION

We American Patriots-your Constituents, on behalf of disenfranchised 2d Class US Citizens-US Veterans,
respectfully ask you, US Congress, and US President– to uphold our core Equal Civil Rights and Democratic
principles enshrined in our Declaration of Independence, and US Constitution; END Federal undemocratic control-
subjugation of the US Territory of Puerto Rico; SUPPORT/Co-Sponsor S-3231/ HR-2757:”The Puerto Status Act”
(amended with viable Status definitions…).
Since 1898, the US Federal Government undemocratically controls the US Territory of Puerto Rico (PR)-(with
more US Citizens than 21 States)– that have NO Federal “consent of the governed”, as Patriots demand Equal
Civil Rights-Fairness; revocation of unjust Laws; a Non-Territorial/Non-Colonial Status!
FACTS are: Today, millions of 2d class US Citizens-US Veterans in Puerto Rico (PR) (part of “We the People”)
have: NO Vote for US President; NO just Representation in US Congress; NO Parity in Federal Laws, Programs,
or Funding…; NO permanent statutory US Citizenship (even if moving to a State)…!
Plus, the Federal Government controls PR’s Borders, Currency, Laws, Security, Economy, Trade, etc.—under the
unjust/ trite Territorial Clause (1787); racist Insular Cases (1901-1925); other biased Laws—where the US
Constitution is not fully applied to Puerto Rico! (Unfairly going on for 125+ Years)!
Besides, Puerto Ricans face a magna CRISIS and Exodus to the States–which major ROOT components are-
Economic; Fiscal; Infrastructure; Social; and Territorial Status—where each PART affects the other. The Federal
undemocratic Territorial status affects everything; brings instability…; ties PR’s Hands to fairly compete-grow the
Economy; limits progress; goes against our US Democratic core principles…!
The Federal Government should be the Servant of ALL the People; NOT the Master of some!
The People with Equal US Citizenship/ Rights come first, not a “separate & unequal” Status! In our US Republic,
the power resides with all “We the People” (made up by individuals)–per our Declaration of Independence that
calls for “Consent of the Governed”; noble US Constitution that calls for Equal Rights-Fairness, and a Republican
form of Government or a Representative Democracy (“a Government of the People, by the People, and for the
People”–Lincoln)!

NO Federal Vote or just representation results in NO Democracy!

The FEDERAL GOVERNMENT can end this unjust inequity now, but, has not done so! Instead, some Generalize;
spin-politically distort; provide biased/racist EXCUSES that blame the Victim; create double standards not applied
to others…-resulting in confusion/a stalemate that perpetuates Federal subjugation!
Puerto Ricans Sacrifice & Contribute to our USA since 1513!

Hispanic US Puerto Ricans (PR) are about 10m strong (most live in the States) as they are integrated; greatly
sacrifice, and loyally contribute (in all fields of endeavor) to our diverse USA; have patriotically shed sweat,
blood, and tears for our US Flag (WWI; WW-II; Korea; Vietnam; Global War on Terrorism). Also, PR pays more
Federal Taxes than 6 States; is a US Market that creates over a million US Jobs… PR Ancestors (1 st Governor of
PR/Crew) came from PR to Florida (in 1513)-107 years before the Pilgrims; others fought in the US War of
Independence (1776); brought Christianity/good things to our now USA!
Silence to discrimination; supports injustice!

US Citizens in PR have voted to END the Territorial-Colonial Status, per local Plebiscites (2012, 2017 & 2020)
where Statehood won; Independence got only 2-5% of the Vote… Puerto Ricans have proven loyalty to our US;
cherish their US Citizenship! Yet, Congress doesn’t do Right for Equal Citizenship! Some Politicians say: “All
People are Equal”, but, mean: “Some People are more equal than others”! This is WRONG!
One can’t have it both ways; either patriotically support Equal Rights or
You allow unjust Federal discrimination or the “Tyranny of the Majority”!

Thus, we Petition you to patriotically support a just cause; let the PR People democratically Vote in a Plebiscite!
Best option is: Puerto Rico Equality and Progress with STATEHOOD! “En la Union esta la Fuerza!”
THANKS!
SIGNED:

SUPPORT PUERTO RICAN EQUALITY & PROGRESS (DRAFT)
We Patriots respectfully ask our Federal Government to ensure:
Equal US Citizenship-Civil Rights for all “We the People” (US Puerto Ricans);
END PR’s Federal undemocratic Territorial control/ Status:

WHEREAS, our US Republic (a Government where “We the People” come FIRST) with a Declaration of
Independence that calls for “consent of the Governed” for all (not just some); and our evolving US Constitution
(with 27 Amendments) that calls for a Republican (power resides with the People) form of Government (through a
“Representative Democracy”-with Individual Freedom, Fairness, Equality, and Justice for ALL); BUT, the US
Constitution (per racist Insular Cases) is not fully applied to US Citizens-US Veterans in Puerto Rico which are
treated differently from other US Citizens, and,
WHEREAS, Since 1898, the US Federal Government undemocratically controls the US Territory of Puerto Rico
(PR)-(with more US Citizens than 21 States)– that have NO Federal “consent of the governed”, as Patriots demand
Equal Civil Rights-Fairness; revocation of unjust Laws; a Non-Territorial/Non-Colonial Status, and
WHEREAS, Today, millions of 2d class US Citizens-US Veterans in Puerto Rico (PR) (part of “We the People”)
have: NO Vote for US President; NO just Representation in US Congress; NO Parity in Federal Laws, Programs,
or Funding; NO permanent statutory US Citizenship (even if moving to a State)…, and
WHEREAS, the Federal Government controls PR’s Borders, Currency, Laws, Security, Economy, Trade, etc.–
under the unjust/ trite Territorial Clause (1787); racist Insular Cases (1901-1925); other un-equal Laws—where the
US Constitution is not fully applied to Puerto Rico… (Unfairly going on for 125+ Years), and
WHEREAS, Puerto Ricans face a magna CRISIS and Exodus to the States–which major ROOT components are-
Economic; Fiscal; Infrastructure; Social; and Territorial Status—where each PART affects the other; the Federal
undemocratic Territorial status affects everything; brings instability…; ties PR’s Hands to fairly compete-grow the
Economy; limits progress; goes against our US Democratic founding/core principles, and
WHEREAS, Puerto Rico- is 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 many Federal Programs (like 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, statutory US Citizens don’t have a permanent US Citizenship (even if residing in a State) because
statutory US Citizenship was collectively granted base on the Territorial Clause, Insular Cases, and 1917 Jones
Act; not acquired by the 14 th Amendment (that doesn’t mention Territories), and
WHEREAS, American Veterans from Puerto Rico, bravely fight or fought in WW-I, WW-II, Korea, Vietnam,
Cold War, Global War on Terrorism…until today; won many service and battlefield awards, and
WHEREAS, the Puerto Rican US 65 th Infantry Regiment (Borinqueneers-brave “Warriors of Good”); many now
live in the States: defended, starting in 1899-our noble US Flag, received the “Congressional Gold
Medal”—highest Honor our US Congress, with US President, can bestow, fixed Bayonets, took a Hill (Korea) in
the last Infantry charge in US Army history, help save encircled US Marines… liberated S. Korea-while facing
Federal discrimination/ racism, and
WHEREAS, Puerto Rican Spanish Ancestors (1 st PR Governor and Crew) came from Puerto Rico (Boriken) in
1513 to Florida (now US); brought Christianity/Civilization (of the times)—107 years before the Pilgrims; Others
including a contingent from Puerto Rico fought, alongside the Americans/General Washington to win the War of
Independence, and
WHEREAS, Puerto Ricans-patriotically cherish their US Citizenship, Values, Freedom, and our 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 if there is “No Federal Vote, there is no
Representative Democracy”, and
WHEREAS, the Federal Government must end un-fair treatment of US Citizens in Puerto Rico; no Taxation
without Representation; and ageless excuses, generalizations, stereotyping, and biased political distortions that–
blames the Victim or discriminates against “We the People”, promotes stalemate for over 125 years, 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” as The Federal Government should be the Servant of ALL the People; NOT the
Master of some.

12
THEREFORE, We_______________ resolve to patriotically Petition our Federal Government (Executive,
Legislative, & Judicial)–to provide Equal US Citizenship-Civil Rights for ALL “WE THE PEOPLE”—including
fellow US Citizens-American Veterans in the US Territory of Puerto Rico as We recommend an END to PR’s
unjust Territorial Status:
 Do a viable Federal-PR Plebiscite based on proper constitutional NON-Territorial Options which only are:
STATEHOOD vs INDEPENDENCE or Independence with “Free Association” Pact.
 Guarantee, in any Referendum, that statutory US Citizens-US Veterans residing in the States (which have a
Stake in the fight) don’t lose their statutory US Citizenship (if Independence wins) by naturalizing them under
the 14 th Amendment or let them Vote in the Plebiscite because the outcome affects them.
*NOTES:
 Puerto Ricans have voted in CERTIFIED Plebiscites for STATEHOOD (2012, 2017 & 2020); are against
Independence (which only got 2-5% of the Vote) in the last 6 local Plebiscites, but, US Congress hasn’t
acted…
 Loyal Puerto Ricans (integrated-born US Citizens-American Veterans) are the 2d largest Hispanic Ethnic
Group in the US- about 10 million strong (the majority reside in the States) and the largest Hispanic Group in
Florida- have made many distinguished, and great contributions to our US in all Fields of Endeavor; have
sacrificed; shed sweat, blood, and tears for the People…, under our noble US Flag.
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
XXX
SUPPORT OUR US VETERANS- "Warriors of Good"!
Our American Veterans serve and sacrifice; shed sweat, blood, and tears in defense of our USA (you), and the
good of Humanity! THUS, let's not leave behind Puerto Rican US Veterans that face Federal oppression because
they, since 1898, have NO Federal consent of the Governed; NO permanent statutory US Citizenship (even if
residing in a State)! SHARE! TAKE CIVIC ACTION on—
FIGHT FOR JUST CAUSE!
Be a "Warrior of Good"; a "Guardian of Justice" — as we are FAIR; work united for the Good of All! Rise (with
Truth & REASON) to fight injustice–wrong, bad, and evil to the Gates of Hell!
ADELANTE; CHARGE! HOOAH! God Bless!

*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”!
-Patriots: Support Equal US Citizenship-Rights; END PR Federal undemocratic Status-
Since 1898, the US Federal Government undemocratically controls the US Territory of Puerto Rico (with more US
Citizens than 21 States) that have NO Federal “consent of the governed”, as Patriots demand Equal Civil Rights-
Fairness; a Non-Territorial Status!

-Amend US Constitution to achieve Equal Civil Rights for all “We the People”!
The original US Constitution (signed in 1787 and approved by the States in 1789)–was a giant step in ending
autocratic Government; ushering in a Federal Government (organized into three branches: Legislative, Executive,
and Judicial) with “checks and balances” to limit its power that in the end belongs to “We the People”. But, it was
written, hundreds of years ago, in another age; another mind-set that was corrupted with some racism, biased, and
injustice!
Facts are: Women, Blacks, Hispanics, and other Minorities’ did not participate in the drafting and approval of the
original US Constitution; could not Vote nor have all the same Rights as the Majority (that were free men with
property…). Through time, this began to change; our US Constitution was amended 27 times to achieve more
Fairness… But, we are not there yet as our US Constitution needs to adapt itself to the times we live in; be
amended to achieve “Fairness and Justice for All”!
Also, the Constitution must protect the People against Federal and State Government, Judges, Prosecutors, Police
Officials and others that don’t uphold all Laws or don’t come to the aide of its Citizens, like during Riots and other
destructive behavior, per recorded history.
Besides, the US Federal Government unjustly treats US Citizens and US Veterans in US Territories, differently
than US Citizens-US Veterans in the States! This is Federal subjugation/ discrimination because the Federal
Government can change this, but, has not done so! Many Politicians and others say: “All People are Equal! But,
mean: “Some People are more equal than others!” This is wrong!
TODAY, we own our evolving US Constitution (not our founding Fathers) that calls for a “Republican form of
Government” where the power resides with all “We the People” (not just some) as we must make our US
Constitution better with a different and a more just mindset that aspires to have Equal Civil Rights; a
Representative Democracy with no “Tyranny of a Majority”– for All US Citizens, under our noble US Flag.
Thus, the US Federal Government and States must amend our US Constitution to reflect that, under our
Republican form of Government (where the final Power resides with the People made up by Individuals), ALL
Individuals must have Equal Rights so we can truly have a Representative Democracy!
(Please, see Enclosures for “Equality & Territorial Amendments” examples.)

*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 1 st Responders (Police, Medical or Fire Department) or others for any reason or will 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; are 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)
NOTE: 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!
 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!

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!

17
 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: Our Federal Government (Legislative, Executive, & Judicial) must ensure Equal Rights; let Puerto Ricans
VOTE in a Plebiscite, with clearly defined non-territorial constitutional options-which only are:
1. 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…
*With PR-STATE Identity; Constitution; Flag; Sovereignty… as other States & other US Citizens have.
2. INDEPENDENCE-MEANS- Puerto Rican National Sovereignty with PR Constitution/Laws & PR
Citizenship; loss of US Constitution & statutory US Citizenship, Rights, and Benefits… Other Type:
 INDEPENDENCE with PACT (Free Association): a negotiated limited Pact between sovereign Independent
Nations (on Defense, Trade, Other…) 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!
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- (2)
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 (“jus sanguinis”-right of blood by descent) – those born in other Countries that acquired
US citizenship from their US Citizen Parents-… (per US Congress-8 USC Code)
 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”! * Plus, the
Territorial Status was not meant to be forever based on prior precedence…!

-Un-permanent Statutury (by law) US Citizenship Summary-3

A statutory lay can be amended or revoked by the US Congress.
There are two sources of US Citizenship. One permanent and fully protected by the 14 th 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….

19
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 14 th 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 14 th
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 a 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!
NOTES: Statutory US Citizenship
 Other US Supreme Court Cases have established:
 “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…
 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



PATRIOTS for PR EQUAL RIGHTS-USA (RT)

DENNIS O. FREYTES
Florida Veterans Hall of Fame
E: dennisfreytes@hotmail.com

Patriots cry to Action- “Equality for a more perfect UNION!”
TO: Honorable US Congress; US President; US Federal/ Supreme Court; PR Government
RE: Do Right–Support Equal Rights for Puerto Ricans–approve HR-8393-PR Status Act
Hi! Today, The US Federal Government undemocratically controls the US Territory of Puerto Rico–with more
fellow US Citizens-US Veterans than 20 States– that have NO Federal “consent of the governed”! Thus, we ask
you to patriotically support/ Vote for HR-8393-Puerto Rico Status Act- a PR democratic Vote on: STATEHOOD
vs INDEPENDENCE or Independence with PACT of Free Association– that will end Federal oppression, going
on since 1898 (for over 125+ years).

Even if one US Citizen (Individual) doesn’t have full Rights, is one too many!

Since 1898, millions of US Citizens have NO Vote for US President; NO just representation in the US Congress;
NO Parity in Federal Programs-Laws-Funding; NO permanent statutory US Citizenship (even if residing in a
State-some of which are your Constituents)-covertly creating a 2d Class US Citizenship. Plus, the Federal
Government– controls PR’s Borders, Currency, Laws, Security, Economy, Trade, etc.
The Federal Government should be the Servant of ALL the People; NOT the Master of some!
The People with Equal Rights come first, not a “separate & unequal” Status! Remember, in our great US Republic,
the power resides with all “We the People” (not just some)–per our Declaration of Independence that calls for
“Consent of the Governed”; our noble US Constitution that calls for Equal Rights-Fairness, and a Republican form
of Government or a Representative Democracy (“a Government of the People, by the People, and for the People”–
Lincoln)! Besides, unjust Laws (racist Insular Cases) which allow for the US Constitution to NOT be fully applied
to US Puerto Rico–must be revoked!

Puerto Ricans Sacrifice & Contribute to our USA since 1513!

The FEDERAL GOVERNMENT can end this unjust inequality now, but, has not done so! Instead, some provide
ageless EXCUSES that create a double standard that weren’t applied to other US Territories before Puerto Rico;
politically distort; are closet racists; misinform. This creates stalemate; perpetuates Federal oppression which is
against the highest precepts-ideals of our Representative Democracy! You can’t have it both ways, either you
support Equal Rights or you allow Federal discrimination!

Silence to Federal discrimination; supports injustice!

THE TIME IS NOW to do RIGHT—SUPPORT HR-8393-PR Status Act; & enact a companion bill in the US
Senate; patriotically ensure Equal Rights-Fairness for all “We the People”, not just some!
THANKS!
UNITED with Truth, Reason, and Civic Action-we will prevail! God Bless!
For the Good of ALL! V/R,
DENNIS O. FREYTES (MPA, MHR, BBA); US Army Ret.; Servant Leader
FLORIDA VETERANS' HALL OF FAME (FL Governor; House; Senate)
Advocate-Fairness/Equality; US Veterans; NAPREC Board; *Advisory/Policy Boards-US President; Congress; Governor; Mayors
*Former-Trustee Valencia College (by FL Governor; Senate-confirmed) Commander Infantry, Special Forces; Airborne School; Readiness
Group Commander PACCE-Global Humanitarian Missions (Medical/Engineers)Professor Military Science/Commander USA Officer
School (Cadet Brigade)

21
Strategy for Equal Rights-Fairness for Puerto Ricans-US Veterans–Suggestions
NOTE: Please, see my Equality Summary Comments attached based on researched data, US Supreme
Court decisions, Presidential and Congressional Reports; Legal Experts-like former US Attorney General
Thornberg, Judge Torruella, Judge Gelpi, and Others; not political distortion or un-founded opinions…
TAKE ACTION; PROPERLY FOCUS:
1. We continue our just fight on all Civic Action and political planes: Congressional, Executive, and
Judicial; get US Civil Rights Commission, and other Groups'/Organizations to support Equality (do
Resolutions, Letters, etc.); EDUCATE; better reach out to grassroots Groups (including Veterans
Organizations); do Equality Symposiums, Patriotic Rallies or Gatherings…
2. Make this a more Patriotic Equal Rights-Fairness fight, led by US Veterans,…
3. Take on/ "pon el dedo en la llaga" on the Federal Government (Executive-Legislative-Judicial) that
subjugates Puerto Ricans (since 1898); for not enacting, in 125+ years, a fair Plebiscite on non-
territorial/colonial options.
4. FOCUS-use more impacting words, like: The Federal Government (Congressional, Executive and
Federal/US Supreme Court) un-democratically control PR; are responsible for Federal discrimination
against Puerto Ricans-US Veterans; can make a change…; but, some provide excuses that
discriminate/oppress part of “We the People”-Puerto Ricans-US Veterans…
5. Also, mention only Statehood will provide a permanent statutory US Citizenship (even if residing in a
State)… Thus, highlight statutory US Citizens in the States have a Stake in the fight to bring them on
board… Don’t support misinformation or non-territorial options that are not properly defined by existing
jurisprudence; not interpretations… (Please, see my informal researched Paper on this–attached).
6. Be prepared to do some more impacting Patriotic Events or near Civil disobedience; get our top
Leaders (Gov. Pierluisi, RC J. Gonzalez, and Others) to participate to attract National MEDIA… (Like
Dr. ML King–The Time is now!)
7. Buy quarter-page patriotic ads in the National Media; send My-Word Columns for publication…
CONTINUOUSLY.
8. Keep most communication with the Federal Government brief and focused on Equal US Citizenship-
Rights-Patriotism… (US Congresspersons, US President, and Staff do not read a lot of long legal briefs…
Thus, comments must be kept brief/ to the point, as there has been a lot of long input already provided…
(Please, see the attached summary that covers the most important things).
9. COORDINATE “Round Table-TEAM” efforts: Do a short; medium; and long Range Plan/Calendar;
Tasks and Responsibilities; Summary Fact Sheets…
 Do Events’ MOU-MEMO (with Situation; Purpose/Mission/Goals, Execution-Concept of Operation;
Task Responsibilities; Administration-Volunteers; Logistics/Funding; Coordination;
Lead/Communications…
10. Get the PR Governor to get PRFAA (especially in Orlando and New York), PR Government
Agencies, PR Civil Rights Commission, and others to do more in the fight for PR Equal US Citizenship-
Rights.
 Also, the PR Justice Department should open an “Office for PR Equal US Citizenship-Rights”
Justice—defend the People; be the lead in the just fight for Equality in the Legal Plane (continuous
Class Action Lawsuits; other actions)…
UNITED with Truth, Reason, Justice, and CIVIC ACTION for PR Equality!

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 Equality Talks

 PR Democratic Party Chair and PR Republican Party Chair on Equality for Puerto Rico (AUG
2022)— SHARE!

IOS_GK0T-GK1C-GK2C&ref=sharing
**Our noble, but imperfect US Constitution that is left to some interpretation should be updated to clearly ensure it
is just; fully and equally applied to all “We the People”, not just some!

PUERTO RICO-FEDERAL RELATION- FACTS/ SOURCES (Summary)

Our US Republic (the Power should reside with- “the People”)-is under our Declaration of Independence
that calls for: “Consent of the Governed”; US Constitution that calls for Fairness-Equal Rights and a
Republican form of Government (a Representative Democracy)–as the Individual US Citizen is the building
block of “WE THE PEOPLE”! You can’t have it both ways, either you support Equal Rights for ALL or
you support Discrimination!
 US Constitution-undemocratic Territorial Clause” (1787): states: “Congress shall have the power to
dispose of and make all rules and regulations pertaining to the Territory or other Property belonging to the
US…”
*It doesn’t mention that US Congress can impose a US Citizenship without all rights, benefits, and
responsibilities as the US Supreme Court (mal interpretation) has allowed until today (under our US Flag) in
Puerto Rico, which don’t have Equal Civil Rights– resulting in Federal discrimination against millions of US
Citizens-US Veterans…
*If there is a conflict between this trite Territory Clause and our evolving US Constitution (with 27
Amendments-Bill of Rights) Equal Rights for all should prevail because the People come first, not the Federal
undemocratic control of the Land or Territory.
*NOTE: Under our US Constitution there are only four ways of governing-Status, one for: States, Territories,
Indian Tribes, & District of Columbia. There is NO “Commonwealth” or ELA-Free Associated State or other
Federal Status.
 Treaty of Paris (1898)—the US forcefully invades; acquires Puerto Rico as Booty of War from Spain-with no
guaranteed of Human-Civil Individual Rights for Puerto Ricans…till today.
 Foraker Act (1900)—starts the organization of Puerto Rico’s (PR) Civil Government, but under the
undemocratic will of the Federal Government–where some racist Congressmen called Puerto Ricans-
American Veterans “aliens, mestizos, not fit to governed themselves…” etc. This starts covert racism against
Puerto Ricans-American Veterans.
o Sets the stage for covert Federal institutional political oppression against Puerto Ricans; a travesty of
Justice!
 The US Supreme Court Infamous Insular Cases (1901-1925+ are based on racism; have not been
overturned)–call PR an “un-incorporated US Territory; more foreign than domestic; belongs to, but, is
not part of the US”. *Un-incorporation is NOT in the US Constitution; was NOT applied to other Territories
that became States before Puerto Rico which is a double standard… The US Supreme Court (same Judges that
did Plessy vs Furgeson-1896- Blacks are equal, but, separate) wrongly misinterpreted (based on racism) the US
Constitution! They gave Congress the power to discriminate…; not fully apply the US Constitution to US
Citizens-American Veterans…
o “The Court allowed Congress to disregard the US Constitution when legislating for the territories
(Puerto Rico and the Philippines). The court maintained that “the uncivilized parts” of those territories
“were wholly unfitted to exercise” these rights; were not Anglos Saxon…were alien…mestizo, etc.; and
Congress needed discretion to decide when the islanders were ready… (A double standard as it wasn’t
apply to US Territories before Puerto Rico.)
o The term “un-incorporated…” is not found in the US Constitution, and was not applied to any US
Territory before Puerto Rico. Thus, the discriminatory term “un-incorporated” is a basis for our US
Congress to treat Puerto Ricans-American Veterans differently, because PR is considered “foreign; not
part of the US”. How can US Citizens-American Veterans be foreign till today, under their US Flag?
Sadly, the Federal-US Supreme Court has never overturned Bidwell and Balzac, like they did with Plessy
vs Ferguson!
 The 1917 Jones Act-imposed a statutory (by Law) US Citizenship that was a step forward! But, it fell short of
an Equal US Citizenship; established a covert 2d Class US Citizenship where US Citizens-American Veterans,
under the American Flag-can’t vote for their US President-Head of State; don’t have– just representation in
the US Congress that determines its destiny; don’t have Parity in Federal Laws, Programs, or Funding; don’t
have full “Due Process” under the 5 th or 14 th Amendment; don’t have a permanent statutory US Citizenship…
that other US Citizens have!
*The US Congress can amend or revoke a Group issued non-permanent statutory 2d Class US Citizenship; or
it can be lost under Independence (even if residing in a State) because it’s not fully protected by the 14 th
Amendment…; a Nation can’t have sovereignty with the Citizenship of another Nation…

SUM: According to legal experts: Types-Sources-Basis of US Citizenship are:
 Individual Birthright Citizenship-“jus soli” (right of soil)–per the 14th Amendment (States: All persons
born or naturalized in the United States…are citizens of the US and of the State wherein they reside. (Doesn’t
mention Territories…) (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 (“jus sanguinis”-right of blood by descent) – those born in other Countries that acquired
US citizenship from their US Citizen Parents-… (per US Congress-8 USC Code)
 Group Statutory US Citizenship- per the US Territorial Clause; Insular Cases (1901-1925+); Jones Act
(1917); 8 USC Code §1402 (which can be amended or revoked)–ALL end upon Independence…
*NOTES: The US Supreme Court (Insular Cases) has established that the US Constitution doesn’t fully apply to
Puerto Rico, except for some broad rights that have not been defined. (Harris v Rosario-1980)…
*Territorial Clause (1789): “The US Congress shall have the power to dispose of and make all rules and
regulations pertaining to the Territory or other property belonging to the US.” (Statutory US Citizenship was
extended to a “Group” not to an Individual like in the 14 th Amendment; ENDS upon Independence).
*The 1917 Jones Act-8 th USC Code–provide a Group un-permanent statutory US Citizenship; are based on the
temporary Territorial Clause, not the 14 th Amendment that guarantees permanent Citizenship.
*Insular Cases (1901-1925+): Puerto Rico “is more foreign than domestic, belongs to, but is not part of the US…
(Soil)” (which needs to be revoked because it’s based on Federal discrimination-racism…)
*8 USC Code §1402-is only for Persons born in the US Territory of Puerto Rico (doesn’t mention “birthright”
Citizenship…); isn’t under Naturalization… This is a specific Code that can be amended or revoked (like in the
past); is non-permanent; and doesn’t apply upon Independence…
*The US Constitution or US Laws can’t be extended to an Independent Nation as the US Congress is not
above the US Constitution. But, it can amend or revoke any Laws-Codes it makes that will cease to apply to a US
Territory if it becomes an Independent Nation (with or without Free Association)
* “Group” issued statutory US Citizenship is based on the Territorial Clause…, can end upon Independence.
Only Statehood guarantees a permanent US Citizenship… (See below Research/Facts)
 Downes vs Bidwell (1901) & Balzac vs Porto Rico (1922): Confirmed the US Congress has the power to
discriminate (differentiate) in applying the US Constitution to a US “un-incorporated” Territories (like
Puerto Rico) that are considered “more foreign than domestic, belongs to, but, is not part of the US…”
** Some of the same US Justices in Plessy vs Ferguson-1896 (Blacks are separate but, Equal) which was
overturned by Brown vs the Board of Education-1954), were on the US Supreme Court that discriminated
against Puerto Rico…
 The 1950 Federal Relations Act: It permitted Puerto Rico to have some local-Government (with no State
sovereignty); a Territory–Identity, Constitution, and Flag… But, it didn’t change the incongruent
Constitutional Territorial Status under the undemocratic plenary will of our US Congress or the Federal
Discrimination under the Insular Cases…; kept an un-permanent statutory 2d Class US Citizenship! Plus, the
US Congress can amend or revoke statutory US Citizenship; or it can be lost under Independence because it’s
not protected by the 14 th Amendment…
 In 1952 the US Congress approved Puerto Rico’s Territory Constitution, and calls Puerto Rico’s
Government a “Commonwealth” which was translated into Spanish as “ELA-Free Associate State”—a cover-
up of Puerto Rico’s true Constitutional Status which is US Territory. This appears to be an attempt by
Politicians to fool the United Nations, and the People as to the true Status of PR- which is not ELA-Free
Associated State, but, a US Territory!
*NOTE: Commonwealth or ELA are political distorted terms that have no meaning in our US
Constitution—which only recognizes PR to be a US Territory… The US Congress cannot relinquish any
Constitutional powers or change a Constitutional Status, because it is not above the US Constitution, but, it can
(with Politicians) camouflage it, to fool and confuse People! Under the US Constitution, Puerto Rico’s Status
is that of a US Territory, period! Call it that!
 Sources of US Citizenship—one under the US Constitution’s 14 th Amendment with full rights and benefits;
the other under the “Territorial Clause” that allows the US Congress to provide a statutory (non-permanent) 2d
Class US Citizenship with limited Rights, benefits, and un-permanent statutory US Citizenship.

OTHER FACTS

25
 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… (per Insular Cases)
“The first sentence of the Fourteenth Amendment has no application…The claim thus must center in the
statutory power of Congress…”
 In Rogers v. Balleri, 401 U.S. 815 (1971), “the Court ruled that (its earlier decision in case of) Afroyim was
applicable because the claimant was not a 'Fourteenth Amendment US Citizen'… because Balleri had been born
outside the United States… The case law establishes that Puerto Rico, whatever its exact status and relationship
to the United States, is not itself in the United States…In that perspective, then, the limitation of the first
sentence of Section 1 of the Fourteenth Amendment would not restrain Congress' discretion in legislating
about the citizenship status of Puerto Rico…"
 GAO: 81Examining Bd. v. Flores de Otero, 426 U.S. 572, 600 (1976). The Supreme Court struck down as
violation of equal protection or due process guarantees a Puerto Rican law which restricted the licensing of
civil engineers to those who were U.S. citizens. Id. at 606. But, the Court has never found it necessary to
determine whether the Fifth Amendment applies to Puerto Rico directly or by operation of the
Fourteenth Amendment. See also Calero-Toledo v. Pearson Yacht Leasing Co., 416 U.S. 663, 668 n. 5
(1974)
 In Torres v. Puerto Rico, 442 U.S. 465 (1979), cited above, JUSTICE BRENNAN, with whom JUSTICE
STEWART, JUSTICE MARSHALL, & JUSTICE BLACKMUN join, concurring in the judgment, cited
Reid v. Covert, 354 U.S. 1, 14 (1957), in which Mr. Justice Black said "The concept that the Bill of Rights
and other constitutional protections against arbitrary government are inoperative when they become
inconvenient or when expediency dictates otherwise is a very dangerous doctrine and if allowed to flourish
would destroy the benefit of a written Constitution and undermine the basis of our Government."
 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…
 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. (In 2016, the Federal Court WDC confirmed in Tuaua v. U.S. that
the Constitution’s 14th amendment does not apply to people born in a U.S. Territory, per, Territorial Clause
and Insular Cases-which decided that the U.S. Constitution doesn’t apply entirely to unincorporated
territories like Puerto Rico.)
 The 1997 GAO Report-U.S. INSULAR AREAS Application of the U.S. Constitution, states: “Citizenship
is derived either from the Fourteenth Amendment to the Constitution (“All persons born or naturalized in the
United States, and subject to the jurisdiction thereof, are citizens of the United States . . . .”) or from a specific
statute 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 U.S.C. § 1402)…”
 Chief Judge Torruella (US 1 st Circuit Court of Appeals) in his Book-has critiqued the judicial system and
compares the “Insular Cases” (1901-1922), that defined the status of Puerto Rico to Plessy v. Ferguson
(separate but equal doctrine to justify racial segregation) that was overturned with Brown v Board of Education
(1954)– to Puerto Rico’s case of un-democratic inequality (2d Class US Citizenship). (Puerto Ricans are
segregated VOTERS depending on where they reside; don’t have full rights, benefits, or parity in Federal
Laws or permanent US Citizenship, if born in Puerto Rico…)
o Chief Judge Torruella states, “The Supreme Court continues to cling to this anachronistic remnant of the
stone age of American constitutional law notwithstanding that the doctrines espoused by the "Insular
Cases" seriously curtail the rights of several million citizens… of the US." Reflecting on over 120+ years of
US un-democratic control of Puerto Rico, Torruella further says: "the disparity of rights that result from
this relationship has in my opinion for too long been relegated to the back burners of American
constitutional thought and dialogue…" and “whatever the future holds for this island, its people should
strive for the equality which has too long eluded them”.

26
o Harvard University discussion (Feb. 2014), Judge Torruella continue to express this. (Enclosed
Remarks) Also, he stated: “The Jones Act of 1917 would later grant Puerto Ricans U.S. citizenship and create a
new framework of local government. Some thought the legislation meant Puerto Ricans were now incorporated and
had constitutional rights, but in 1922 Balzac v. Porto Rico affirmed the island’s unincorporated status. Torruella
pointed to Alaska and Hawaii—considered incorporated by the Supreme Court—as examples of the double standard
justices were promulgating.” READ Comments: “Reconsidering the Insular Cases.”; Key NOTE Speaker:
“The Insular Cases: A Declaration of their Bankruptcy and My Harvard Pronouncement”. 2018-Harvard
Law Review follows:
https://harvardlawreview.org/2018/01/a-reply-to-the-notion-of-territorial-federalism/
o Harvard Law Review 2018: Federal Appeals Court-1 st Circuit Judge Torruella wrote:
https://harvardlawreview.org/2018/01/a-reply-to-the-notion-of-territorial-federalism/
 US Attorney General Dick Thornburgh (& Under Secretary of the United Nations)—in “THE STATUS OF
PUERTO RICO A CONSTITUTIONAL FRAMEWORK FOR SELF-DETERMINATION” (2007) and in
other Writings 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 achieving for peoples around
the globe.”
o “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 political and human rights under U.S. and international law that can no
longer be ignored by the political branches of government.”
o Besides, Thornburgh states: “The ruling of the Supreme Court 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.”
o “Thus, the U.S. citizenship created under 8 U.S.C. §1402 does not and cannot offer the permanent or
constitutional protection of the Fourteenth Amendment to the people of Puerto Rico. Similarly, the
protection of persons born in a State of the Union under Afroyim v. Rusk 307 U.S. 253 (1967) would not
prevent Congress from changing laws defining the citizenship of people born in Puerto Rico.”
 Among other distinguished Supreme Court Judges/ Law Scholars that have criticized the Insular Cases is
Former Chief Justice of the Puerto Rico Supreme Court José Trías Monge has stated that "The Insular
Cases were based on premises that in today's world seem bizarre. [9] "They," Trias Monge continues, "and the
policies on which they rest, answer to the following notions: "democracy and colonialism are fully compatible;
there is nothing wrong when a democracy such as the United States engages in the business of governing other
[subjects who have not participated in their democratic election process]; people are not created equal, some
races being superior to others.”
 According to the Compact/ Treaty, and Department of Home Land Security Fact Sheet– on the Status of
Citizens of the Freely Associated States– the Federated States of Micronesia (FSM), the Republic of the
Marshall Islands (RMI), and Palau- ESTABLISH they are Independent Nations, with a special relationship
with the United States… Also, it states–Free Associated State- Citizenship/Status: Palau, RMI or FSM– are
not citizens or nationals of the United States…

CURRENT

 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…
 Current US District Judge GELPÍ (Now President Puerto Rico Federal Court), in 2008, stated in a
decision: “…The unequal and discriminatory fiscal treatment given to Puerto Rico…is conspicuous and
egregious. More so, it is not an isolated incident of the federal government disparately treating Puerto Rico and
the nearly four million United States citizens living in or moving to this territory.”
o The Judge continues-Under the Insular Cases doctrine (Balzac vs Porto Rico-1922), the court determined
that Puerto Rico was an unincorporated territory (more foreign than domestic); only fundamental

27
constitutional rights (which aren’t enumerated) extended to unincorporated United States territories apply,
others can be denied by Congress…In an unincorporated United States territory Congress can also
differentiate (discriminate) against the territory and its citizens so long as there exists a rational basis for
such disparate treatment. Califano v. Torres, (1984); Harris v. Rosario (1980).
 Tuaua v. United States (June 2015)US Court of Appeals-District of Columbia ruled that the Fourteenth
Amendment's guarantee of birthright citizenship does not apply to un-incorporated territories including
American Samoa US Nationals, (and Puerto Rico-US Citizens)….
o The DC Circuit, to reach their decision, agreed with the Obama Administration's lawyers, also, relied on
and even expanded the scope of a set of racially-charged, Colonial-era “Insular Cases” that refer to Puerto
Rico having "savages" and "alien races"….. Plus, that the Congress has the power to discriminate in
applying the US Constitution to the Territories or Property that belongs to the US… to reach their decision.
o They failed to provide more weight to the US Constitution Amendments over the undemocratic Territorial
Clause…; allowed Terms (not found in the US Constitution)–Non-Incorporated; more foreign than
domestic… to be unfairly applied to US Citizens.)
 In 2016, the US Supreme Court, as it narrowly deliberated two Puerto Rico cases about PR sovereignty–
Sanchez Valle (Double Jeopardy) and Government of Puerto Rico (Debt Restructure)—decided that PR didn’t
have any type of Sovereignty because it was under the will of US Congress (Territorial Clause)… But, it was a
narrow focused decision; the US Supreme Court didn’t take the opportunity to act on wide basis on an Equal
US Citizenship; the discriminatory roots of the Federal relationship with Puerto Rico.
o Plus, the US Congress imposed a Federal PROMESA Fiscal Board over the elected Officials that
include the Governor… again using its Territorial Clause undemocratic powers…
 DEC 2017: The US President (Trump) and the US Congress, in the Tax Reform Act, calls Corporations/ US
Citizens-American Veterans in the US Territory of Puerto Rico Foreign; not Domestic…
 2017-The US Congress appoints a PROMESA-Fiscal Board above the elected Governor and Officials of the
US Territory of Puerto Rico.
 2018-Federal Judge confirms Puerto Rico is a US Territory under the will of the US Congress. President PR
Federal District-Judge Gelpi: In a 2018 opinion –U.S. v. Vaello-Madero, (on SSI received in a State of the
Union…, but, denied in Puerto Rico)– Gelpi acknowledged that previous court cases (per racist and
discriminatory Insular Cases—1901-1925+) had determined that Congress could treat Puerto Rico differently
(discriminate) from States as long as there was “a rational basis” for those differences.
o Gelpi decided against the Federal Government… He rightly argues– “Classifying a group of the Nation’s
poor and medically neediest United States citizens as ‘second tier’ simply because they reside in Puerto
Rico is by no means rational.”
 2019 (AUG)- AMERICAN CIVIL LIBERTIES UNION AND THE ACLU OF PUERTO RICO,
SUPPORTING THE FIRST CIRCUIT’S RULING ON THE APPOINTMENTS CLAUSE ISSUE (AUG
2019) (BRIEF AMICI CURIAE)- SUMMARY OF ARGUMENT–
o The Insular Cases, which impose second-class constitutional status on all who live in so-called
“unincorporated” territories, explicitly rest on outdated racist assumptions about the inferiority of “alien
races,” and depart in unprincipled ways from the fundamental constitutional tenet of limited government.
o Handed down at the turn of the last century after a burst of overseas expansion, the Insular Cases created
an untenable distinction between “incorporated” and “unincorporated” U.S. territories. Incorporated
territories such as Alaska were destined for statehood, the Court assumed, and the Constitution applied in
full there. In “unincorporated” territories, however, those not bound for statehood, the Constitution applied
only “in part.” Boumediene v. Bush, 553 U.S. 723, 757 (2008).
o That double standard was never grounded in the Constitution’s text, was intended to be temporary, and
was expressly justified by racist assumptions about the territories’ inhabitants. Yet to this day, the doctrine
the Insular Cases set forth casts a pall on the rights of residents of Puerto Rico, including more than three
million U.S. citizens, and close to 500,000 more in other so-called “unincorporated” territories.
 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

28
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.”
PRESIDENTIAL-US JUSTICE DEPARTMENT REPORTS

 President GW Bush Task Force on Puerto Rico Status Report Highlights: The inter-agency Task Force
Report on PR Status was commissioned by President Clinton; continued under President GW. Bush, was
released in December 2005/ re-visited in 2007–after 7+ years of research, law reviews…; some objective
findings are quoted below (which were not disputed by President Obama’s TF Report or the Justice
Department position-as ratified by US Supreme Court 2016 decisions) or have they been refuted by the current
President/US Justice Department or US Congress (GAO) or any Supreme Court Decision or other
jurisprudence:
1. “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 or
treaty…" (Page 9)
(NOTE: Our Constitution only mentions two forms of permanent Citizenship: if you are born in a State or if you
are “Naturalized” –in a State. It doesn’t mention “statutory citizenship” or that it can be extended by Treaty to
another Independent Nation…. Besides, you can’t be a sovereign Nation with the Citizenship of another Nation!
Where would the loyalty lie? Congress, in 1917, imposed this “statutory” American Citizenship through a
Statue/Law that a future Congress can rescind…; the US Constitution is not equally applied to PR. Thus, some
U.S. Citizens may not have the same equal/permanent Constitutional American Citizenship as others—born in the
States or Naturalized…)
2. “…for entities under the sovereignty of the United States, the only constitutional options are to be a
State or Territory.”
(NOTE: There are only 4 mayor forms of Government/Status under the US Constitution, one for: States,
Territories, District of Colombia, and Indian Tribes… “Commonwealth” or “Free Associated State” terms– are
politically distorted Terms NOT found in the US Constitution … )
3. “Puerto Rico, for purposes under the U.S. Constitution, is a Territory…it is, therefore, subject to
congressional authority, under the Constitution’s Territorial Clause.”
(NOTE: Per US Supreme Court determination (1922). This means that P.R. remains a U.S. Territory sub-ordinate
to all Federal Laws…; under the unilateral control of Congress — which has not permitted those American Citizens
living in PR a vote to choose another status; a vote in Federal elections…nor have just representation in
Congress… Remember that– Puerto Ricans are already National U.S. Citizens that live under US jurisdiction; not
“Territorial” PR Citizens.)
4. “The existing form of Government in P.R. is often described as a “Commonwealth”, and this term
recognizes the powers of self-government that Congress has allowed.”
(NOTE: Commonwealth or the Spanish translation “Free Associated State”=“Estado Libre Asociado” (ELA), is
not the Constitutional Status of PR, but an incongruent/ conflictive political (mean nothing) terms not found in the
US Constitution given to the Government of Puerto Rico not the Status. We need to stop fooling People! This
political (ELA) term refers to the self- local regulated territory government that is still subordinate to the U.S.
Government (application of Federal Laws under the will of Congress…; US Constitution: PR is not Free, not
Associated, and not a State! People that use these terms are supporting a lie; perpetuating suppression of Civil
Rights…!
5. “Congress may continue the current system, but it also may revise or revoke it at any time.” (NOTE:
Congress has unilateral un-democratic tyrannical control of the trite U.S. Territory of Puerto Rico—there is no
P.R. just voting representation in Congress…the US Supreme Court during America’s racist era, has
determined that the Congress can set aside some non-basic Constitutional rights…allowing an un-equal US
Citizenship under the American Flag…)
6. “…a mutual-consent provision would be unenforceable and could not guarantee that any given political
status or agreement would be permanent”.

29
(NOTE: Remember, a current Congress can’t bind a future Congress… There can’t be any true autonomy or pacts
under the Territorial Clause because P.R. “belongs to”/ is a possession of the United States… P.R. has neither
sovereignty… nor true autonomy. Only through independence can P.R. enact a true pact with the U.S.)
7. “The Federal Government may relinquish U.S. sovereignty by granting independence or ceding the
Territory to another nation; or it may, as the Constitution provides, admit a territory as a State thus
making the Territory Clause inapplicable…”
(NOTE: Only non-territorial options are: Statehood or Independence. A form of independence like: Associated
Republic with a PACT, can maintain P.R. closely associated with the U.S., but, P.R. would have to cede certain
sovereign powers in exchange for benefits…another shade of gray? Can’t keep a permanent U.S. Citizenship with
equal individual civil rights…; but, would lose US Citizenship…)
President GW Bush TF Recommendations include for Congress to conduct two federally sanctioned Plebiscites:
one a yes or no vote on maintaining the Territorial Status under the will of Congress; if no, a vote on non-territorial
options: Statehood or Independence… until the issue is resolved.
NOTE: In a local Plebiscite (2012), Puerto Ricans voted for a non-Territorial Status… Statehood received 61+%;
Independence 5%… In all previous Plebiscite and in local Elections, Independence receives around 2-3%
(average)… Thus, Puerto Ricans cherish their US Citizenship…, but, many are confused as to the true
Constitutional Status…In another Plebiscite (2017-Statehood won again.
 Even President Obama’s Administration has stated in a brief filed (13 August 2014) with the U.S. Court of
Appeals for the District of Columbia Circuit (Tuana v. US) that, essentially, “Puerto Ricans can only obtain
citizenship through the Constitution — versus through law — by Puerto Rico becoming a State or by
being put on the path to statehood by Congress”. This means Puerto Ricans born in “unincorporated” Puerto
Rico have a non-permanent statutory (by law only) US Citizenship no matter where they reside. Extract:
o “In a case concerning American Samoa, the Justice Department explained that 14 th Amendment
citizenship does not apply in a territory that has not “been incorporated into the United States as a part
thereof” but “is simply held . . . under the sovereignty of the United States as a possession or dependency,”
using the words of the U.S. Supreme Court. (It identified Puerto Rico as another unincorporated
territory).”
o “Of even broader relevance for Puerto Rico’s territory status, the Obama Justice Department noted,
again quoting the Supreme Court, that Congress “has full and complete legislative authority over”
territories and “may do for the Territories what the people, under the Constitution of the United States,
may do for the States.”
o “It emphasized that, “the responsibility of Congress to govern this nation’s territories has long been
recognized and respected by the Courts.”
o “Machen’s brief also pointed out that Congress has the “legislative discretion” to grant “privileges” to
those born in “the outlying possessions” as it “sees fit,” recalling that “the Supreme Court has never
found that the Congress must bestow all of the same panoply of privileges upon those born in the outlying
possessions that the Constitution bestows on those born in the United States.”
o “U.S. citizenship is granted to individuals born in Puerto Rico, Guam, the Northern Mariana Islands, and
the U.S. Virgin Islands, another unincorporated territory, by law.”
OTHER ANALYSIS

US “WE THE PEOPLE” CONSTITUTION

 The 14 th 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 14 th 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 US Congress…
o Plus, it doesn’t say that a statutory US Citizenship can be given, by the US Congress, to an Independent
sovereign Nation (with Free Association—a term that isn’t in the US Constitution…) by a Pact or
Treaty….
o Thus, there are no Constitutional grounds to prevent our US Congress (from exercising its powers under
the Territorial Clause, and US Supreme Court decisions-Insular Cases…) to grant or revoke a Territorial
Law, including a statutory (by Law) US Citizenship in the US Territory of Puerto Rico. Besides, Puerto
Ricans are included in a separate Statue in Code 8 USC CHAPTER 12 (See below); not under the General

30
Clause or in Part two of Naturalization… Congress can amend or revoke the Laws it makes pertaining to
an unincorporated US Territory… It has done so many times…
 Due Process: “The Fifth and Fourteenth Amendments to the US Constitution each contain a Due Process
Clause. Due process deals with the administration of justice and thus the Due Process Clause acts as a
safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law.
The Supreme Court of the United States interprets the Clauses as providing four protections: procedural due
process (in civil and criminal proceedings), substantive due process, a prohibition against vague laws, and as
the vehicle for the incorporation of the Bill of Rights.”
o But, some say it doesn’t cover suffrage…the right to vote in political elections…
 XV Amendment-Right to Vote: “The right of citizens of the United States to vote shall not be denied or
abridged by the United States or by any State on account of race, color, or previous condition of servitude.
“The Congress shall have power to enforce this article by appropriate legislation.” (It doesn’t mention
“unincorporated” US Territory, like Puerto Rico…)
 "Does the Constitution follow the flag?" Essentially, the Supreme Court has said– that full constitutional
rights did not automatically extend to all areas under American control. The "deepest ramification" of the
Insular Cases is that inhabitants of unincorporated territories such as Puerto Rico, "even if they are U.S.
Citizens", may have no constitutional rights, such as to remain part of the United States if the United States
chooses to engage in de-annexation… (See Insular Cases which have not been overturned).
o Today, we own our US Constitution left to us by our Founding Fathers (which facts are some were racists;
owned slaves; but, also did a lot of good)…
o It is a FACT that the original US Constitution lacked Equality (Women, Blacks, Hispanics and Others
could not Vote). The Amendments-Bill of Rights tried to correct this…but, even today suffer
misinterpretation…
o Thus, after about 230 years, it’s time to– do and US Citizen Equal Rights Amendment or hold a
“Constitutional Convention” to keep the good things; have Article One pertain to the “People’s Equal
Rights” which should come first; nothing left to interpretation…
o According to our US Constitution there are only four forms of government under the sovereignty of the
US: one for States; one for Territories (per Territorial Clause); one for Indian (Native) Tribes; and one for
the District of Columbia. Puerto Rico falls under Territory.
o The US Constitution doesn’t mention neither “Commonwealth nor “ELA-Free Associated State”-
“Estado Libre Asociado”. (These Terms are a political distorted smoke screen used to confuse; fool People
as to the true Territorial Status of PR.)
o US Congress, under the territorial Clause, can maintain the Federal undemocratic TERRITORIAL Status;
grant STATEHOOD (with State Boricua Identity; State Sovereignty-guaranteed US Citizenship…) or
INDEPENDENCE (Without or With a PACT- Free Association-PR Citizenship…) (Remember a Nation
can’t be Sovereign with the Citizenship of another Nation…)
 The Federal Government must interpret our great US Constitution, with its Amendments (Bill of Rights) that
should be paramount over the original 1789 US Constitution that had inequality parts–where Women, Blacks,
Slaves, Hispanics/Latinos… could not Vote…
o Today, we own our US Constitution left to us by our Founding Fathers (which facts are some were racists;
owned slaves; but, also did a lot of good)… It is a FACT that the original US Constitution lacked Equality
(Women, Blacks, Hispanics…could not Vote). The Amendments-bill of Rights tried to correct this…but,
even today suffer misinterpretation…
 Congress can, under the Territorial Clause, give Puerto Rico-STATEHOOD (with full and permanent US
Citizenship) or INDEPENDENCE (without or with a PACT of Free Association-with Puerto Rican
Citizenship)…
 The 14 th nor 15 th (Right to Vote) Amendments or the US Constitution doesn’t mention that US Congress can
give a US Citizenship by Treaty or Pact to an Independent Sovereign Nation…!
 Reminding the reader of the Insular Cases, which decided that the U.S. Constitution doesn’t apply entirely to
unincorporated territories like Puerto Rico.

FEDERAL CODES

 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:

31
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…
(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
territory 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 14 th Amendment nor Due Process (which doesn’t cover
suffrage…; see below.)
**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)? Answer: Statutory US Citizenship is revocable; unpermanent; ends upon Independence…!
*Part II: Nationality Through Naturalization-doesn’t mention statutory US Citizenship or Territories…
 US Citizenship: 8 U.S.C. Code (1941…)- Comments:
o US at birth Citizenship-for statutory US Citizens is under Part I; NOT under Part II Nationality
through Naturalization… (Remember, any Statute or Law can be amended or revoked by US Congress,
based on the Territorial Clause, Insular Cases…) as it applies to statutory US Citizenship…) Plus, it
doesn’t mention “birthright”…
o The 8 U.S.C. doesn’t mention or states that statutory US Citizenship is permanent…
o Based on the Territorial Clause and Insular Cases– Congress merely extended a statutory or legislative
form of birthright citizenship to Puerto Rico, not fully protected by the US Constitution…; has never
explicitly recognized the full extension of the 14th Amendment to Puerto Rico… in this Statue.
o Even if the US Congress has taken steps to “incorporate” Puerto Rico, Territories (incorporated or un-
incorporated) are not reflected in the 14 th Amendment that only mentions “…and the States there-in…”
o When the Constitution of Puerto Rico, authorized by the 1950 Federal Relations Act, was being approved
in 1952, Congress again revised the statutory U.S. citizenship provision for Puerto Ricans in Section 302
of the Immigration and Nationality Act. The revision of U.S. citizenship for Puerto Ricans was codified at
8 U.S.C S 1402, and Congress has chosen not to amend that provision further since 1952." (But, under the
Territorial Clause, it can amend or revoke a statutory US Citizenship not fully protected by the 14 th
Amendment.)
TITLE 26—INTERNAL REVENUE CODE
o § 2208. Certain residents of possessions considered citizens of the United States A decedent who was a
citizen of the United States and a resident of a possession thereof at the time of his death shall, for
purposes of the tax imposed by this chapter, be considered a ‘‘citizen’’ of the United States within the
meaning of that term wherever used in this title UNLESS he acquired his United States citizenship
solely by reason of (1) his being a citizen of such possession of the United States, or (2) his birth or
residence within such possession of the United States…. Effective Date of 1958 Amendment note under
section 2011 of this title.
o § 2209. Certain residents of possessions considered nonresidents not citizens of the United States A
decedent who was a citizen of the United States and a resident of a possession thereof at the time of his
death shall, for purposes of the tax imposed by this chapter, be considered a ‘‘nonresident not a citizen of
the United States’’ within the meaning of that term wherever used in this title, but only if such person
acquired his United States citizenship solely by reason of (1) his being a citizen of such possession of the
United States, or (2) his birth or residence within such possession of the United States. (Added Pub. L.
86–779,)
 Federal Court Rejects Second Class Citizenship for Puerto Rico (2018)
o Federal Chief District Judge Gelpi, a Patriot of true Grit, does right!!!! This is a monumental decision to
stop Federal discrimination (since 1898-over 120 years) against Puerto Ricans; a big step to get FAIR
Treatment-Equal Rights for fellow US Citizens-American Veterans in the Federal un-democratic US
Territory of Puerto Rico! This and other sources; jurisprudence supports my Research on this!
o In a 2018 opinion –U.S. v. Vaello-Madero, on SSI received in a State of the Union…, but, denied in
Puerto Rico)– Gelpi acknowledged that previous court cases (per racist and discriminatory Insular

32
Cases—1901-1925+) had determined that Congress could treat Puerto Rico differently (discriminate)
from States as long as there was “a rational basis” for those differences.
o EXTRACTS Article: The case, U.S. v. Vaello-Madero, looked at an individual who lost his Social Security
Supplemental Security Income (SSI) benefits when he moved to Puerto Rico. He continued to receive the
benefits for several years, since he (and apparently the Social Security Administration) didn’t realize that
he wasn’t supposed to receive them. When Social Security sued for payback of their $28,081, Vaello-
Madero sued them instead. The judge agreed that it wasn’t right that he should lose his benefits because he
moved to a territory.
o Gelpi, counter attacks by deciding against the Federal Government… He rightly argues– “Classifying a
group of the Nation’s poor and medically neediest United States citizens as ‘second tier’ simply because
they reside in Puerto Rico is by no means rational.”
o Gelpi also pointed out that the United States never considers the cost of a program in determining which
states should be covered under any program. Since this information is not used in decisions about states, he
said, it is not rational to use it in decisions about territories.
o Gelpi continues with a searing patriotic statement—“It is in the Court’s responsibility to protect these
rights if the other branches do not,” he said of the protection offered by the U.S. Constitution.
o “Allowing a United States citizen in Puerto Rico that is poor and disabled to be denied SSI disability
payments creates an impermissible second rate citizenship akin to that premised on race and amounts to
Congress switching off the Constitution. All United States citizens must trust that their fundamental
constitutional rights will be safeguarded everywhere within the Nation, be in a State or Territory.”
o Besides, Gelpi says–“There is increased national awareness of [Puerto Rico’s] existence and political
consensus against its disparate treatment.” In other words, more Americans now know that Puerto Rico is a
Territory that is not treated equally/the same as States.
o The Insular Cases, often used to justify discrimination against Puerto Rico, determined that the
U.S. Constitution didn’t have to apply to Puerto Rico in exactly the same way it applied to states. (That is
discrimination!) Only “fundamental rights” apply. However, the court never said which rights were
fundamental. Gelpi says, “Equal Protection and Due Process are fundamental rights afforded to every
United States citizen, including those who under the United States flag make Puerto Rico their home.”
o Gelpi further states, that Congress doesn’t get to create second class citizenship conditions. “To hold
otherwise would run afoul of the sacrosanct principle embodied in the Declaration of Independence that
‘All Men are Created Equal’.”
o He notes that the position of a Territory is a powerless one. “United States citizens residing in Puerto Rico
are the very essence of a politically powerless group, with no Presidential nor Congressional vote, and with
only a non-voting Resident Commissioner representing their interests in Congress.”
o Judge Gelpi concludes that it is even more important to protect the rights of people in Puerto Rico because
of this. Puerto Rico has been a powerless Territory for too long. It is time for Statehood.

MACRO CONCLUSION

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-
 Group 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 preponderance of evidence (history; facts; interpretations)–per US Constitution; Supreme Court Decisions;
Presidential-US Justice Department, and Congressional (GAO) Reports to date; and other US Jurisprudence—
MAINTAIN that Puerto Rico is a an “unincorporated” US Territory under the Territorial Clause and the Insular
Cases where the US Congress can discriminate in applying the US Constitution to US Citizens-American Veterans
(part of WE THE PEOPLE)–which is WRONG; against the essence of our Declaration of Independence (consent
of the governed); US Constitution Amendments’ that stands for FAIR Treatment-Equal Rights!

33
The Federal Government (US President, US Congress, and the US Federal/Supreme Court) must provide EQUAL
US Citizenship; end the federally undemocratic Territorial Status as it concurrently helps solve, along with the PR
Territorial Government, the: Economic, Fiscal-Debt, Humanitarian-Disaster-Infrastructure, and Status Crisis”
(where each part affects the other; the Status affects everything); provide, based on a local Vote for Statehood
(2012; 2017)—

EQUALITY+JUSTICE+PROGRESS=STATEHOOD with DIGNITY!

*NOTE: US Congress, alternatively, hold a sanction Plebiscite on constitutional defined non-Territorial options:
Statehood VS Independence (without or with a Pact of Free Association). Let the People decide!
*NOTE: As we navigate the Puerto Rico inequality 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! We
need to strive for the truth-facts, proper analysis, and true Justice based on the merits of the case; not
unjust laws!

PUERTO RICAN (BORICUA) CONTRIBUTIONS TO US

Millions of Puerto Rican are loyal US Citizens (including American Veterans-“Warriors of Good”)—have
greatly sacrificed; shed sweat, blood and tears; made valuable great contributions to the development, welfare,
security, and prosperity of the United States. This, includes Hispanic-Puerto Rican Ancestors (1 st Governor of
Puerto Rico) that found and named Florida (1513); brought Christianity, Horses, Cows, Pigs, Oranges…to the now
US—107 years before the Pilgrims! Plus, Puerto Ricans bravely fought and bled- with General George
Washington in the US War of Independence; Civil War…!
o Since, 1898 (when Puerto Rico became a US Territory), have loyally (with a 2d Class US Citizenship)
fought bravely in all US Wars (WW-I; WWII; Korea; Vietnam…until the present Global War on Islamic
Terrorists)…This includes the loyal and valiant US 65 th Infantry Regiment (The Borinqueneers)-Winners
of the Congressional Gold Medal—the highest honor that the US Congress can bestow. Puerto Ricans
have paid the price!
o Puerto Ricans—cherish our US Citizenship; are integrated; ingrained in the rich diverse fabric of our
United States—a noble Land of Immigrants, Tolerance, and Freedom. We loyally pledge service, lives and
allegiance to our noble US Constitution–while keeping, like other States (the Lone Star Republic of
Texas…), its own Boricua Identity and State Sovereignty, but, UNITED under our grand USA Flag!
o Puerto Rico (with a Western Culture like the USA) is now integrated into the US as it keeps its own
Boricua Identity like other States do (including the Lone Star Republic of Texas)…
PATRIOTISM-FAIR TREATMENT-EQUAL RIGHTS

Anyone can speculate; generalize; have an opinion; give no final solution. But, we must act based on the
preponderance of facts; good analysis, reason, and other research that confirms statutory US Citizenship is
discriminatory; not permanent. Final solution–The time is now for Equality; to let loyal US Citizens VOTE on a
clearly defined constitutional NON-TERRITORIAL STATUS:
 STATEHOOD–Enter the “Union of States-With STATE Boricua Identity; Constitution, Flag, Sovereignty…;
US Citizenship with all Constitutional rights, earned benefits, parity in Federal Laws, and permanent US
Citizenship…
 INDEPENDENCE—PR Sovereignty; PR Citizenship (Without or With a PACT or TREATY of Free
Association—which can be rescinded by any side…)
Puerto Ricans cherish their Us Citizenship; have voted twice (2012, 2017, & 2020) for STATEHOOD
(Independence never gets more than 5% of the Vote; plus, have elected a Pro-Statehood Territorial
Government… THUS: US Congress must provide-

EQUALITY+JUSTICE+PROGRESS=STATEHOOD with DIGNITY!

Patriots of True Grit, armed with knowledge, can make the “impossible dream”—POSSIBLE, as they unmask the
truth…; ALL UNITED take action to achieve the quest of Institutional Equality! UNITED-with Truth, Reason,
Courage, and Civic Action-we will overcome!

TAKE ACTION for the good of all/SHARE—CONTACT-
*US Senators- http://www.senate.gov/general/contact_information/senators_cfm.cfm;
*US Congressmen: http://www.house.gov/representatives/find/
*US President: http://www.whitehouse.gov/contact
*White House Office of Intergovernmental Affairs (President’s Task Force on Puerto Rico’s Status):
http://www.whitehouse.gov/administration/eop/iga/puerto-rico
*Mail: President’s Task Force Puerto Rico Status (Chairmen); Attn: Office of Intergovernmental Affairs
Director, The White House, 1600 Pennsylvania Ave. NW, Washington, DC 20500.

US SUPREME COURT INSULAR CASES

*SEE Insular Cases, hence, oftentimes include (with about 2/3 decided Puerto Rico issues): DeLima v. Bidwell,
182 U.S. 1 (1901) Argued: January 8–11, 1901 Decided: May 27, 1901; Goetze v. United States, 182 U.S. 221
(1901) Argued: December 17–20, 1900; January 14–15, 1901. Decided: May 27, 1901; Armstrong v. United
States, 182 U.S. 243 (1901) Argued: January 8–11, 1901. Decided: May 27, 1901; Downes v. Bidwell, 182 U.S.
244 (1901) Argued: January 8–11, 1901. Decided: May 27, 1901; Huus v. New York & Porto Rico S.S. Co., 182
U.S. 392 (1901) Argued: January 11, 14, 1901. Decided: May 27, 1901; Dooley v. United States, 183 U.S. 151
(1901) Argued: January 8–11, 1901. Decided: December 2, 1901; Fourteen Diamond Rings v. United States, 183
U.S. 176 (1901) Argued: December 17–20, 1900. Decided: December 2, 1901; Hawaii v. Mankichi, 190 U.S. 197
(1903); Kepner v. United States, 195 U.S. 100 (1904); Dorr v. United States, 195 U.S. 138 (1904); Gonzales v.
Williams, 192 U.S. 1 (1904); Rasmussen v. United States, 197 U.S. 516 (1905); Dowdell v. United States, 221 U.S.
325 (1911); Ocampo v. United States, 234 U.S. 91 (1914); Balzac v. Porto Rico, 258 U.S. 298 (1922); Torres v.
Puerto Rico, 442 U.S. 465 (1979)
*NOTE: Our Constitution only mentions two forms of permanent Citizenship: if you are born in a State or if you
are “Naturalized” –in a State. It doesn’t mention “statutory citizenship” or that it can be extended by Treaty to
another Independent Nation…. Besides, you can’t be a sovereign Nation with the Citizenship of another Nation!
Where would the loyalty lie? Congress, in 1917, imposed this “statutory” 2d Class US Citizenship through a
Statue/Law that a future Congress can rescind…; the US Constitution is not equally applied to PR. Thus, some
U.S. Citizens may not have the same equal/ permanent Constitutional American Citizenship as others—born in the
States or Naturalized in a State…
 US Justice Dept. 2022: US Department of Justice on US Citzenship-Samoa-Fitisemanu 2022.pdf
NOTE: SUPPORTING EVIDENCE
*Equality Talks-UCP PR Research Hub: https://youtu.be/3LfuRRd_5j8
*Equality Talks-PRFAA Director: https://www.youtube.com/watch?v=cdikfR4_Q0A&t=19s
*Equality Talks: PR Republican & Democratic Parties Chairs—united for PR Equality:

*Federal Chief Judge Torruellas (1 st Circuit-Boston): Harvard University- https://youtu.be/aixtvS4Jack
*Past US PRESIDENTS: http://www.pr51st.com/past-presidents-views-on-puerto-
rico/?fbclid=IwAR31n5HJsylQa6jO_xqzJx4YQwAdaTxcoUh1P5Ts81t4EjwXSc30_BF452Q
*Florida Town Hall Meeting with PR Governor; FL Governor; US Senator Nelson; US REP Soto…

*PR Treated Unfairly– John Oliver Comic Video: https://www.youtube.com/watch?v=CesHr99ezWE
*Chief Judge Torruella—sits on Federal Appeals Court-1 st Circuit: Harvard Law Review wrote:
https://harvardlawreview.org/2018/01/a-reply-to-the-notion-of-territorial-federalism/
(Harvard Presentation): https://www.youtube.com/watch?v=aixtvS4Jack#t=20
*Equality for Puerto Rico: https://www.youtube.com/watch?v=5EWzqvRZJOY
**PR Treated Unfairly– John Oliver Comic Video: https://www.youtube.com/watch?v=CesHr99ezWE
**Equality for Puerto Rico: https://www.youtube.com/watch?v=5EWzqvRZJOY
** Testimony Dennis Freytes: various-US President Task Force; US Congress; Florida, Local….
“Patriots call to Arms-Equality for a more perfect Union!”

 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!
 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!

 Puerto Rico’s true constitutional Status is a US Territory (under US Constitution, Article 4)
+ “Commonwealth or ELA” are “a Pig with a dress and lipstick”/ political distorted terms that confuses or
fools People as to the true Territorial Status of Puerto Rico…
+Under the US Constitution, only four Types of Governments are mentioned: One for States; another for
Territories, Indian Tribes, and the District of Columbia.
+The US Congress, based on the 1950 Federal Relations Act, approved Puerto Rico’s Territory Constitution
(in 1952) that grants some Territorial self-government (that can be revoked); calls Puerto Rico/its Government-
– a “Commonwealth” or “ELA-Free Associate State”. These terms are not found in the US Constitution; does
not reflect the true Federal undemocratic Territorial Status, but, still can be used in the name of a Territory or
State…
+“Commonwealth” or “ELA” have no legal or other meaning in our US Constitution—which only
recognizes PR to be a US Territory as sustained in various US Supreme Court Decisions…
+ The US Congress is not above the US Constitution; nor can’t it relinquish its powers, under it, to make up
a new non-Territorial Status (enhanced ELA or Free Association which is a Pact…).
+ Thus, the only non-territorial options the US Congress can grant are: STATEHOOD or
INDEPENDENCE (Without or With a Pact of Free Association).

Equal Rights for all US Citizens-US Veterans, now!

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 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! The Federal Government can fix this, but, has only provided discriminatory excuses, to not do so,
are against part of “We the People” (Puerto Ricans)!
PR Contributions: Loyal US Puerto Ricans, about 10m strong, (most live in the States)-are 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…). Their 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.
Puerto Ricans-US Veterans want EQUAL RIGHTS, like others have! They democratically Voted– in CERTIFIED
Local Plebiscites (2012, 2017, & 2020) against the current Territorial Status; Independence (only got 2-5% of the
Vote)… The Majority of PR Voted for STATEHOOD; have elected various pro-Statehood Governments; are
integrated into US way of Life; cherish US Citizenship…
“The Federal Government should be the Servant of ALL the People; NOT the Master of some!”
The Puerto Rican fight for Fairness-Equal Rights–is not just about the Status Question, but, more fundamental, it’s
about the essence, and soul of our noble US Constitution–where ALL “WE THE PEOPLE” should be treated fairly
by their Federal Government; and have full Civil Rights (so we can have a “Representative Democracy”)! In our
US Constitution, the People (composed of Individuals–with full Rights…)–come FIRST, not the Federal
undemocratic control of the People and Land (Territory), as we Guard against a “Tyranny of a Majority”!
Also, Puerto Ricans face a complex MAGNA CRISIS which major ROOT components are–
Economic-Jobs; Fiscal-Debt; Infrastructure; Social; Status-Equality
*Where each PART affects the other; the Federal undemocratic Territorial (Colonial) Status affects everything.
Federal discrimination brings instability; ties PR hands to fairly compete-grow the Economy.
Silence to discrimination; supports injustice!
Puerto Ricans have voted against remaining a suppressed US Territory! The FEDERAL GOVERNMENT (US
Congress, US President, & US Supreme Court) must stop spinning discriminating EXCUSES that generalize,
misinform, distort, fools or confuses people; but, solve this unfairness; provide Equality, now!
SOLVE: US Congress must conduct a non-partisan democratic non-Territorial Plebiscite with defined
constitutional Options to END Federal discrimination …let the People VOTE-decide!
OPTION 1: US Congress passes–S.780 & HR 1522-PR STATEHOOD (“YES or NO”) Vote.
OPTION 2: Conduct a Federal Plebiscite on the only non-Territorial Options (allowed by US Constitution):
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 (with or without PACT of Free Association) MEANS: loss of statutory US Citizenship,
Rights, and Benefits—like Social Security, MEDICARE, MEDICAID, and Other Federal Funds (Health,
Education, Transportation, Roads, Security, Disaster Relief, etc.).
**A Nation can’t be independent or sovereign with the Citizenship of another Nation nor can Congress create a
non-constitutional Status, like “ELA (Free Associated State)-Soberano” (which is Independence- with US
Citizenship/ benefits) or provide US Citizenship to the Citizens of an Independent Nation…

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!”

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 or let them Vote because the
outcome affects them… Statehood guarantees permanent US Citizenship!
Puerto Ricans should not be treated 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…! 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”!
Patriots cry- “Equality for a more perfect UNION!”
Unjust Laws should be overturned! 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! Today, there is no Equal Civil Rights for all “We the People”-Puerto Ricans, because:
• US Puerto Ricans are under Federal undemocratic control/ discrimination, per the trite 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 discriminatory Terms are based on racism, and are not in the
US Constitution, nor were they applied to other US Territories before PR.
How can US Citizens-US Veterans be treated as foreign, per the Insular Cases, under our US Flag? The US
Supreme Court-must do its duty: revoke the racist Insular Cases–Downes vs Bidwell (1901) & Balzac vs Porto
Rico (1922). Also, The US Congress must Incorporate PR; do a Plebiscite to end oppression.
Later, the Federal Government must amend the US Constitution-with a “Citizen’s Equality-Protection” Clause that
doesn’t leave to interpretation that all US Citizens will be treated EQUALLY! Also, amend the old Territorial
Clause (1787) to reflect a Status limit of about 20 years; provide for more rights…
The TIME is NOW to educate, advocate, and take Civic ACTION for Fairness-Equal Rights; contact US
Congress, & US President! UNITED-With Truth, Reason, Courage, and ACTION for the Good of ALL!