The Indignity Of A False Citizenship 227 c­ itizenship was a unilateral action, taken without consulting Puerto Rico’s residents, has been criticized18). Puerto Rico established a Constitution in 1952 (approved by the people of Puerto Rico by referendum), which recognized Puerto Rican citizenship19 and established what is now known as the ‘Commonwealth of Puerto Rico’ (or in Spanish, Estado Libre Asociado de Puerto Rico).20 This did not solve the issue of Puerto Rico’s political status, however. As noted above, debate and discussion has continued over the decades. A 2012 referendum marked the fourth time in 45 years that a vote has been held regarding the future status of the island.21 Statehood and some form of continued commonwealth status have continually remained the most popular options in these nonbinding plebiscites.22 Statehood would entail gaining voting members in the US Congress and the right to vote in Presidential elections, as well as federal tax obligations (Puerto Rican residents currently do not pay federal taxes). The option of independence has never garnered more than a small percentage of the vote.23 Nonetheless, independence activists have remained firm in their belief that Puerto Rico must be a separate and distinct nation from the United States. They conceptualize the current status of Puerto 18 19 20 21 22 23 Duffy Burnett (n 14). Section V of the Act offered the option of affirmatively declining US citizenship within six months of the Act coming into effect. 77 FAM 1120 (n 9) 9-10. Constitution of Puerto Rico arts III.5, IV.3, V.9 (referring to requirements that certain government officials be citizens of the United States and Puerto Rico). President’s Report (n 1) 17-18. The term ‘Commonwealth,’ when referring to areas under US sovereignty that are not states, is used to describe ‘an area that is self-governing under a constitution of its adoption and whose right of self-government will not be unilaterally withdrawn by Congress.’ Coto (n 2). The options available, as endorsed by the US Government and usually included in some form in plebiscites are: statehood (which would grant Puerto Rico full voting representation in the US Congress and as well as the obligation that residents pay federal taxes); independence (‘Congress would need to pass specific legislation to allow the creation of a fully independent nation of Puerto Rico’ and address the status of US citizenship of Puerto Rican residents); free association (a type of independence where the US controls security and defense policy, as is the case with Micronesia and the Marshall Islands; residents can attend school in the US but are not citizens); and commonwealth (essentially the status quo, but with the possible option of greater autonomy). Independence has garnered approximately 5% of votes in recent status plebiscites (with statehood and commonwealth consistently proving to be a much more popular option, usually winning over 40% of the vote each). President’s Report (n 1) 21, 24-25. Coto (n 2); President’s Report (n 1) 21. tilburg law review 19 (2014) 223-235