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José Rodríguez-Suárez

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Karl Rove's "Real Americans"

Posted: 02/23/2012 5:45 am

Clearly, the positions that presidential candidates take on Puerto Rico issues will influence the increasingly important group of voters of Puerto Rico origin in the 50 States. However, presidential candidates may not have realized that what they say about Puerto Rico can also have a significant impact on Hispanic voters in general.

First and foremost, Hispanics wish to be acknowledged as Americans --that, despite our origin, we are a part of "We the People of the United States." As an immigrant rights advocate, Julissa Reynoso pointed-out that "to many Americans, Latinos' roots are in Latin America and Mexico, as though having some connection with Latin America trumps any possibility of becoming a 'true' U.S. citizen." Karl Rove was keen to recognize the problem of "Hispanicness" being associated to foreignness regardless of citizenship and stated before the National Council of La Raza that the debate over immigration reform had "clouded the views of some people in America and led them to fail to understand that Hispanics, and all immigrants, are real Americans."

Nothing captures the essence of this problem more clearly than Balzac v. People of Porto Rico, a little-known case that the U.S. Supreme Court decided in 1922. Most Americans would not conceive of the Supreme Court making decisions about the application of the Constitution on the basis of race or origin. But that is precisely what was done in this case.

When in 1917 Congress granted U.S. citizenship to Puerto Ricans, it was generally understood that the Islands had been incorporated into the United States. But, five years later, the Supreme Court decided that an American citizen residing in Puerto Rico did not have the right of trial by jury under the Sixth Amendment because it could not have been the intention of Congress to "incorporate in the Union these distant ocean communities of a different origin and language from those of our continental people."

The communities to which the Court made reference were Puerto Rico and the Philippines. Despite the fact that Congress granted American citizenship to the inhabitants of Puerto Rico after having set the Philippines on the path to independence in 1916, what mattered to the Court was not citizenship but origin.

In a glaring act of judicial law-making the Supreme Court disavowed Congress and departed from the precedents of Louisiana and Alaska in which granting citizenship to its inhabitants resulted in incorporation. The basis for making a distinction with Puerto Rico was, in essence, its Hispanic population.

The opinion in Balzac was written by Chief Justice Taft. He had been Governor of the Philippines and had lost his 1912 reelection bid to Woodrow Wilson who signed the Jones Act granting American citizenship to Puerto Ricans. Taft's bias is plain to see when one considers that, as Governor, he referred to the Filipinos as our "little brown brothers" and reported to President McKinley that they would need "fifty or one hundred years" of close supervision "to develop anything resembling Anglo-Saxon political principles and skills."

As President, Taft had also referred to Puerto Rico as "the favored daughter of the United States". But discrimination on the basis of race or origin, however benevolent or paternalistic, is still incompatible with the Constitution.

Balzac is to the American citizens of Puerto Rico what Plessy v. Ferguson was to African Americans before Brown v. Board of Education. And thus, Balzac should be condemned by every American who understands the Constitution as a source of equal rights. Moreover, Balzac should be offensive to all who believe that judges overstep their constitutional authority when legislating from the bench.

It is incomprehensible that, after four generations of American citizens born in Puerto Rico, Balzac still provides grounds for The White House to assert that Puerto Rico is an "unincorporated" territory --a possession that is separate from, rather than a part of, the United States.

It is long overdue that a U.S. President asks his Attorney General to challenge the validity of Balzac whenever the application of the anachronistic "incorporation doctrine" is argued before a federal court. Ninety-five years ago on March 2nd President Wilson signed into law the Jones Act. March 11th marks the anniversary of the report by the President's Task Force on Puerto Rico. And Puerto Rico's Republican primary will be held on March 18th. Those are ideal junctures for a candidate to pledge that as President he will seek the reversal of Balzac. In so doing, he would acknowledge Puerto Ricans, and all Hispanics, as "real Americans."

Hispanics are not connected by ancestry to the signers of the Declaration of Independence or the framers of the Constitution but, because they share with them the principles and values on which our Nation was founded, they are equal to them in citizenship and entitled to claim those documents as their own. This we believe today as much as Abraham Lincoln believed it of recent immigrants in 1858. But while Balzac is "good law," no one can claim it is truly so.

 
 
 
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03:06 PM on 03/07/2012
Isn't that "Julissa Reynoso" the same one that is now trying to become our ambassador in Uruguay? Go figure...
05:13 PM on 02/25/2012
By the way, speaking of "Puerto Rican not being allowed to vote for President because they don't pay taxes", are you people aware that this year, between 43% and 48% (depending on which source you believe) of U.S. taxpayers will NOT have to pay taxes, because either their income is not enough to require them to pay, or their deductions are enough to outweigh their tax liability. Is Congress going to strip them of their rights to vote because of this????

And specificaly about the tax situation in Puerto Rico, it's logical that if ALL Puerto Ricans were required to file Tax Returns to the IRS, only a small fraction of them would have to pay anything at all.

And finally, I don't know if this "loophole" has been closed, but when I moved out of PR a few years ago, THOUSANDS of residents of PR who were not reqired to file Federal Tax Returns were VOLUNTARILY doing so anyway, because when they did, they would qualify to receive a FULL REFUND of that $3,000 Credit for Dependent Children. I know it doesn't sound flattering to be taking advantage of that "loophole", but hey!, it was there and it was legal, so why not take it?????

So maybe these people should think twice before making such a big deal that "Puerto Ricans don't pay taxes" and that this situation has to be corrected, because as the saying goes; "Be careful what you wish for, because you might get it"!
02:52 PM on 02/24/2012
Much has been said here about Congress requiring that Puerto Rico adopt English as an Official Language as a condition for statehood, so let me give you a few important FACTS that those Congresspeople seem to be missing. Under the U.S. Constitution, and I know this is not the exact wording, all rights and obligations not incumbent upon the Federal Government are delegated to the States. One such thing is the matter of an "official language". Congress could declare English the "Official Language of the United States", but Congress CANNOT declare English the "Official Language of Idaho" or of any other State.


But let's say that they did manage to require that PR adopt English as it's ONLY "official language" (because as I said before, it already IS one of our "official languages"). When Montana was going to become a State, there was a very powerful man who had a lot of land and influence in the territory, most of them located in Billings (I'm not 100% certain, but bear with me) He managed to get Congress to require that the Capital of the new State of Montana be moved to Billings, instead of Helena, where it already was, and the Legislators really didn't want to move from there. So what did the Montana Legislature do? They accepted the requirement! Montana was made a State, the Legislature convened in Billings, and the first Law that they passed was TO MOVE THE CAPITAL BACK TO HELENA!!!!! Sneaky, huh?????
08:07 AM on 02/24/2012
It seems to me that you people are unaware that English has been the Official Language of the Commonwealth of Puerto Rico (along with Spanish) for more than 20 years, so that takes care of that argument. If what you mean is that Congress has to impose "English Only" as a condition for Statehood, then I am certain that Puerto Rico will meet that condition, the very same day that "English Only" becomes the Official Language of the United States, because maybe you haven't heard that right now IT ISN'T! Or is it that what you are asking Congress to do is to demand that Puerto Rico comply with a condition that those very same Congresspersons ARE NOT ABLE TO IMPOSE ON THEIR OWN STATES????? REALLY????? Since when is the motto of the United States; "Do as I say, not as I do"?????
06:33 AM on 02/24/2012
Tens of thousands of immigrants mostly from Cuba and Dominican Republic, including Americans who are descendants of PRicans, and vote in favor of making Puerto Rico a state of the USA while arguing against foreign intervention in their own countries. That is Puerto Rico today. That is why when Obama visite the island colony he ate a Spaniard's cafeteria who openly claims that he does not hire PRs. Obama ate a Cuban sandwich and it was not an innocent act. Then he visited Florida.
02:23 PM on 02/25/2012
Funny, I always thought that the bibbe I always get from the white anglo saxon friends is that Cuba not Puerto Rico should be the 51st state if only "Castro" would be out. Most of them know where is Cuba but most of them don't even know where is Puerto Rico located or that it has been a Territory since 1898.
I have been in the restaurant where Obama ate when he visited the island. I have eaten there by now several hundred times in the last 35 years and it is pure propaganda that they don't hire Puertorricans. I also know that they eat there because it was selected and approved by the candidate from the PPD to eat there. It is a very good place to eat and pretty close to the airport. The location is rather restrictive in parking but nevertheless close to the airport.
I don't dissagree that at first glance it seemed deliverate but I think their Cuban sandwiches are in fact very good and so are the "fritas".
07:36 PM on 02/23/2012
So-called commissars and ideologues of political correctness and historical revisionism will morally condemn the political status of Puerto Ricans and Native Americans. However, they fail to grasp the multicultural protections of the plenary powers doctrine, too. The well-researched treatise called "The Insular Cases: Rise of American Empire" notes the modern version of multicultural protection in lieu of harsh assimilation policies TODAY. This news writer is another ideologue advancing the neo-assimilationist agenda. If Puerto Rico wants to be "assimilated" then follow shrill rhetoric down the path of statehood as the 51st State. If Puerto Rican cultural identity must be "protected" from assimilating into the Union, then adhere to the multicultural protections of the plenary powers. This article has not disclosed the distinctions between these two legal bases of the Insular Cases of 1900. He singles out one case in a landmark series. He morally condemns and also blatantly ignores multicultural protection doctrines in contemporary case law. Without "truth-in-political advertising," be very leery of the unspoken political agenda of such Pan-Hispanic activists. Moral condemnation by non-lawyer ideologues (with hidden political agendas) may often fail to disclose some deeper constitutional ramifications for Puerto Ricans (e.g. assimilation versus multiculturalism).
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Hacim Obmed
05:40 PM on 02/23/2012
If the people of PR want to become americans then they would have to stop speaking spanish and other difficult things. They would lose there cultural identity as a distinct people if they become americans. If they really want to do this then they should have a vote and state their decision clearly. Otherwise they should become an independent country or else just stay the way they are.
10:02 PM on 02/23/2012
Since staying the way they are implies both maintaining US citizenship and being able to conduct their affairs in Spanish on the island, then why on earth should they have to "stop speaking spanish and other difficult things?" Funny, but when three of my close family spent careers in the military, nobody ever suggested to them that they had to stop speaking Spanish in their non work lives to become or be American.
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Hacim Obmed
10:53 AM on 02/24/2012
Obviously I know they are american citizens in a technical sense. As you probably know I was speaking loosely about assuming the full responsibilities same as all other americans. In their current situation they are not fully american (unless they reside on the mainland) because they have no representation in congress and they can't vote for president and they don't pay US income taxes even though they get benefits like medicare and medicaid and food stamps. This has both good and bad aspects for the people of PR and for the rest of us also. I don't think that a democracy the size of the US can exist as a bilingual state and most americans would agree with me. Witness the polling about making english the official national language. This makes sense because need to communicate with each other very intensively in order to resolve our differences and reach a national consensus. Moreover, history has absolutely zero examples of countries with two languages that really work. Look at the problems of french Canadian separatism and of the Flemish and Walloons in Belgium. So why would we be so arrogant as to think we can do something that is so difficult for all others who have tried it. We have enough problems and divisions. Would you also approve of absorbing cuba into the union? And its not because I don't like Porto Ricans. I value their culture and I don't see the point to just homogenize them into the melting pot.
mira chancleta
C'mon, there's NO "La Tino" race
11:49 PM on 02/23/2012
We have had that "vote" (it's called a plebescite) numerous times and each time the results are to stay in the current "Commonwealth" status.

As for speaking Spanish or being "Americans" I would inform you that the US came to our Island and claimed us as a war prize after it's less than noble "defeat" of the NON-existant Spanish colonial forces in the Caribbean in 1898.

As a result of that "triumph", Puerto Rico became a US protectorate and then in 1917 we were granted US citizenship, NEVERMIND we didn't ask for it, since before Uncle Sam "claimed" us, we had been in negotiations with Spain to declare our independence.

But don't let the facts confuse you.

And how about those French-speaking Cajuns in Louisiana?
And those German-speaking Wisconsites in Milwaukee?
Or those Yiddish-speaking Jews in Brooklyn?
And let me not forget those Italian-speaking Italians in Providence, RI?
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Hacim Obmed
11:04 AM on 02/24/2012
Look I think you are better off maintaining your distinct national identity and you spanish culture. You know full well that to become intensively dependent on the american political process you would quickly lose control of your affairs and get homogenized into the melting pot. A few foreign speaking minority enclaves is not what I am taking about and you know it. Look at the problems of separatism is French-English Canada or in French-Duch in Belgium or between the Kurds and Turks. The lesson is that it is a very big problem to maintain a unified nation and avoid civil war when the people are divided into major two language blocks and have different cultural traditions. We have enough problems and it is arrogant to assume we can really handle this.
02:39 PM on 02/25/2012
"Friends" it can be done. New Mexico is the only state in the Union that has a bilingual constitution. Recognizing and accepting that the majority of the inhabitants are in fact of spanish speaking decent. And, by using english they also pay due to their legal obligation legal which is seen themselves as part of the greater selves as part of the US.

Is Puerto Rico that different? I mean legally( not culturally).
crakrman79
Like broken clockwork he's right twice a day!
03:45 PM on 02/23/2012
One of my friends is from PR and he says nobody wants to be a state because it would just mean more laws and taxes. I can't blame them in a way, look at all the stupid buttinsky laws our legislaters have been coming up with lately instead of fixing real problems.
mira chancleta
C'mon, there's NO "La Tino" race
11:50 PM on 02/23/2012
I think your friend needs to get out more and talk to more Puerto Ricans.
08:11 AM on 02/24/2012
Tell your friend that ALL Federal Laws already apply in Puerto Rico, even though we have no voting representation in the Congress that creates those laws. And as far as taxes are concerned, Puerto Rico has the highest tax rate of ANY State, and THOUSANDS of residents of Puerto Rico HAVE to pay Federal Taxes, regardless of the popular notion that Puerto Rico does not pay Federal Taxes. Be a good friend and educate him or her!
03:30 PM on 02/23/2012
I had a long drawn out comment but when post it, it was more than it was allowed. So I will summarize it by saying that it really does not matter whether Balzac gets review or repealed or anything. 1. The people of Puerto Rico overwhelmingly have to agree to become a state and chances of that happening are, well, is not going to happen. 2 The Southern politicians as well as some out west would have to agree to vote for Puerto Rico as the 51 state. The chances of that happening are even worse that all of Puertorricans agreeing to become a state. Look at what happen with Nuevo Mexico and how long it took for it to become a state; same for Arizona.
We must look at Hawaii as an example. Hawaii became a state in spite of the Hawaiians because it was in the best interest of the American Corporate Complex. MONEY!
If Puerto Rico ever wants to become a state, it would have to forget about the possible political maneuvers. It must make sure to lobby the American Corporate Complex, because IT is the grease that moves the machine.
Don’t think so? Then read “Elite Deviance”( Google it) and as a former soldier I saw how ACC influence politics and Governments in Central America, the book points out the rest of the world.
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CSKAP
Morlock or Eloi?
10:47 AM on 02/23/2012
As with most things, follow the money
Corporate America can build plants in Puerto Rico and employ people and avoid a great deal of the regulation that is applied on the mainland.
Take a look at where most of your prescription drugs are produced, Puerto Rico, you think it’s because the weather is nice?
Same thing with another possession, Saipan. If you look at the labor conditions there, forced abortion, slave wages but it’s all propped up by the Republican Party, they passes a regulation about territorial status so that clothing made on Saipan can be labeled “Made in America” without any of the American labor laws.
mira chancleta
C'mon, there's NO "La Tino" race
11:51 PM on 02/23/2012
you got that right!
10:45 AM on 02/23/2012
After over 100 years as a U. S. Territory, there is absolutley no reason why Puerto Rico (combined with the U. S. Virgin Islands) shouldn't be granted statehood as soon as possible.
12:42 PM on 02/23/2012
Back in the late 1960s and early 1970s Puerto Ricans (when there was serioust talk about PR becoming the 51st state) tended to be against statehood with memories of the freedom fighters and the US military sent in. Today its more not wanting to take on PR's economic issues. I agree is should be put to Puerto Rican voters again. Puerto Rico has been the stepchild of the US for too long.
mira chancleta
C'mon, there's NO "La Tino" race
11:52 PM on 02/23/2012
and that attic has been very hot all these years
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Tom Weidermeijer
If you're easily offended... try to laugh more : )
02:55 PM on 02/23/2012
PLUS it will help the economy. Just think about how many flags can be sold!

Then again, if we combine the Dakotas we could stay with the old flags.
mira chancleta
C'mon, there's NO "La Tino" race
10:29 AM on 02/23/2012
Josito,

1.Not long ago,I was at a faculty member's home.That evening his uncle began talking to me and commented on my"EastCoast"accent. I explained I had lived in NY,CT,MA and in London, Madrid, Mallorca and the UnitedArabEmirates,but that I was born and raised in Puerto Rico.He thought for a moment and asked...

..."do they still wear grass skirts in your homeland?".

I almost dropped by umbrella drink and bacon-wrapped Cajun shrimp!

I share this story,because the topic of PuertoRico to most AmericanPresidents,Congresses and academics is very ill-informed.

2.I DOexpect more from fellow-Americans,but I am never shocked when I am confronted by an "American"whose only reference for us is J-Low's *ss or RitaMoreno's "everythingFREE in Amereeeka".

3. The people of Puerto Rico have rejected statehood.So do you really expect the US government and all its ignorantminions to cloud their already foggy brains with the topic? Mijo?

So don't EVEN begin to expect any bureaucrat to understand PR's status or suggest any comparisons to legal statutes legislated in the 50 "admitted" states.

In theUS they still thinkSasquatch exists and Hawaii is just off theDisneyland coast.

4.And PLEASE don't make the fatal mistake of aligning PuertoRico's political (mis)fortunes with the convoluted,confused and totallycompromised "LaTino" agenda in the States. These idiots are still arguing the word "legal"!

Focus on keeping drugs and illegals OFFthe Island.THAT,should keep you busy for100years and is FAR more relevant than the"Puerto Rico-51st State" licenseplate colorscheme.
02:47 PM on 02/25/2012
Wow! right on the nail with a marron! a good example for a ignorant bureaucrat = Jeff Sessions from Alabama.
It will never go away. I can spend an hour explaning financial terms to someone and even talk about physics but at the end all I get is "you got an accent, you are not from around here, are you!" Beyond furious!
03:47 AM on 02/23/2012
It is a shame that some Puertoricans beg for equality from their gringo brothers. Give it up. They will never accept you as equals. Go your own way and find your destiny. Besides, plebiscite after plebiscite puertoricans have rejected statehood.
09:54 AM on 02/23/2012
You need to understand how the Munoz Marin politics played in the Island of PR. You see he lie about the relationship between Washington and San Juan. Estado Libre Asociado was designed to purposely lie to the population that we were indeed a free country with a bi literal connection to the US. Please read about political history post the Spanish American War before making comments that does not reflect the true.
12:44 PM on 02/23/2012
I was born in 1937 Puerto Rico. I went to college in Puerto Rico. I believe that I know enough puertorican political history to understand the political relationship with the US. Puerto Rico is a nation with its own identity and culture which is different from the U.S. culture. Puertoricans should not just surrender their identity for a few bucks.
04:08 PM on 02/23/2012
"The road to hell was paved with great intentions" Muños Marin had great intentions with the ELA. But the Estado Libre Asociado has been a great misfortune to Puerto Rico. Instead of creating a Common Wealth which was the original idea it created a state of dependancy. Same error occured with the parcellas which went under the administration of corrupt politician( Oximoron?). It was not a lie, at least not an intentional one. I lived in the states for over 30 years and "rachelfan" is correct. We are seen as a lesser people. Maybe not the to the average "Joe" but is not the average Joe who matters in Washington.
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Jerry Frey
unCommon sense for the common good
12:46 AM on 02/23/2012
America was settled, established and developed East to West, not to south to north.

http://napoleonlive.info/what-you-think/la-reconquista-giving-our-country-back-to-the-indians/
mira chancleta
C'mon, there's NO "La Tino" race
09:35 AM on 02/23/2012
I would get a map out and look for where Alaska is.
NO, it is not in Nebraska, but that's just me, I guess.
Oh, and Hawaii is not in Minnesota either.
09:56 AM on 02/23/2012
So what happen with Alaska and Hawaii? These two state are one in the Pacific Ocean and one in the North Pacific. You make no sense.
12:53 PM on 02/24/2012
What happened to Alaska and Hawaii was the American Corporation complex. As stated in an earlier write up, Alaska as you know was bought from the Russian, but later when Gold and oil was found it quickly became in the best interest of the Continental US to to agree with the Oil barons and expedite its statehood. Afterall, so much oil so close to what it was perceived back then as a enemy it was not wise to leave it's status in "limbo".

Hawaii was usurped from a legal Royal Government by the American Corporations(quite literal) The American Corporation influence the politicians in WaDc to send the Army and the Navy to take over the island and topple the Government, because that government was making it difficult for the corp to do business. Sugar, Pineapples, and God know what else. Hawaii has a dark history where mainland people have very little knowledge. Most native Hawaiians did not even want the statehood. So for a long time it was just like Puerto Rico, a territory. Again after the war and the increase influence of American Corporations it became in the best interest to make it a state. Money was the determining factor in both Alaska and Hawaii.