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Foraker Act

 

The act set up the government of Puerto Rico, annexed from Spain at the conclusion of the Spanish-American War. Passed in April 1900, it provided that the executive department was to be composed of a council of eleven members appointed by the president of the United States. Legislative authority was vested in this council and in an elective house of delegates. The island's inhabitants were to be considered "citizens of Puerto Rico," not U.S. citizens. A special reduced tariff was levied on all goods moving between the United States and Puerto Rico. Congress took the view that Puerto Rico was not incorporated in the United States and therefore the clauses of the Constitution concerning citizenship and taxation need not be in force. This interpretation was upheld and refined in a series of Supreme Court decisions known as the Insular Cases.

Bibliography

Argüelles, María del Pilar. Morality and Power: The U.S. Colonial Experience in Puerto Rico from 1898 to 1948. Lanham, Md.: University Press of America, 1995.

Montalvo-Barbot, Alfredo. Political Conflict and Constitutional Change in Puerto Rico, 1898–1952. Lanham, Md.: University Press of America, 1997.

Torruella, Juan R. The Supreme Court and Puerto Rico. Río Piedras: University of Puerto Rico Press, 1985.

—William Spence Robertson/T. M.

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Wikipedia: Foraker Act
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The Foraker Act, officially the Organic Act of 1900, is a United States federal law that established civilian (limited popular) government on the island of Puerto Rico, which had been newly acquired by the United States as a result of the Spanish-American War. Section VII of the Foraker Act also established Puerto Rican citizenship.[1] President William McKinley signed the act on April 12, 1900 [2] and it became known as the Foraker Act after its sponsor, Ohio Senator Joseph B. Foraker.

The new government had a governor and an executive council appointed by the President of the United States, a House of Representatives with 35 elected members, a judicial system with a Supreme Court, and a non-voting Resident Commissioner in Congress. The Executive council was all appointed: 5 individuals were selected from island residents while the rest were from those in top cabinet positions, including attorney general and chief of police (also appointed by the President). The Insular Supreme Court was also appointed. In addition, all federal laws of the United States were to be in effect on the island. The first civil governor of the island under the Foraker Act was Charles H. Allen, inaugurated on May 1, 1900 in San Juan, Puerto Rico. This law was superseded in 1917 by the Jones-Shafroth Act.

References

  1. ^ Race Space and the Puerto Rican citizenship
  2. ^ The World Almanac & Book of Facts 1901, p93

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