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concurring in several separate opinions. Three justices dissented
proposal to extend the right to vote would be beneficial
separate opinions, and one justice disqualified himself. in
not but to citizens as individuals. First, it is fundamentally
The only to the Governments of the United States and of Puerto
opinions discussed in detail the appointment, membership, The
agendas regarding the ad hoc advisory groups as
the Plebiscite Act of 1966.
important Rico, to democratic governments to have as many competent
as possible participate in electoral decisions; second, it is
Puerto Rico was appointed April 13, 1970.
The Ad Hoc Advisory Group on the Presidential Vote for
equally citizens important that his basic the individual rights citizen. have the vote that he
may
achieve and protect as a
Whether it is an inherent right or not, the right to vote for
III. ANALYSIS AND CONCLUSIONS
President and Vice President is of such importance that it should
not be denied to any citizen.
1., The Right To Vote
In our democratic system, the right, accompanied by the
2. The Presidential Vote and the People's Mandate
obligation to vote, is the first and perhaps the most important
Joint Resolution No. 1 of the Legislature of Puerto Rico,
right and obligation of citizenship. It is the citizen's principal
December 3, 1962, stated that those who supported common-
means of achieving and defending his rights and privileges.
wealth status conceived its maximum development, as a govern-
In 1789, only a minor percentage of the total population had
ment in permanent union with the United States of America,
the right to vote, whereas today almost all American citizens over
under the following principles:
18 years of age have been granted voting privileges. Sixteen
1. The recognition and re-assertion of the sovereignty of the people of
amendments have been added to the Constitution of the United
Puerto Rico, so that no doubt may remain of their capacity to enter into a
States since the first 10, which constitute the Bill of Rights, and
compact under conditions of juridical equality.
2. The assurance of the permanence and irrevocability of the union
six of these added amendments extend the right to vote. In
between the United States and Puerto Rico on the basis of common citizen-
addition, the equal protection clause of the 14th amendment has
ship, common defense, common currency, free market, common loyalty to
been the basis of court decisions protecting and extending the
the values of democracy, and of such other conditions as may be considered,
in the compact, of mutual benefit to the United States and Puerto Rico.
voting rights of citizens. The 12th amendment provides for
3. The specific definition of the powers of the United States with respect
separate votes for President and Vice President, the 15th amend-
to Puerto Rico, which shall exclusively be those essential to the union.
ment guarantees the voting rights of former slaves, the 17th
4. All other powers shall be exercised by the constitutional organisms of
amendment provides for the direct election of U.S. Senators, the
the people of Puerto Rico.
5. Participation by the people of Puerto Rico in the powers exercised,
19th amendment grants the vote to women, the 23d amendment
under the compact, by the government of the United States, in matters
enfranchises U.S. citizens resident in the District of Columbia, and
affecting Puerto Rico, in a measure proportional to the scope of such powers.
This may include, among other ways of implementing such participation, the
the 24th amendment provides that "the right to vote should not
right to vote for the President and Vice-President of the United States.
be denied or abridged by the United States or any State by reason
6. The adoption of a formula under which the people of Puerto Rico will
of failure to pay any poll tax or other tax.' The 26th amendment
contribute to defray the general expenses of the United States government, in
a
manner compatible with the stability and economic growth of Puerto Rico.
was formally approved on July 1, 1971, by the representatives of
the State of Ohio, and formally signed by the President on July 5,
None of these principles can be interpreted as meaning that
1971, approving full voting rights to all citizens 18, 19, and 20
Puerto Rico should not vote for President and Vice President.
years of age. Granting the presidential vote to U.S. citizens in
Such right to vote, rather, is the only specific measure named in
Puerto Rico would be another step in broadening the democratic
said joint resolution. The presidential vote does not violate the
process.
principles of the permanent union of Puerto Rico and the United
112
113
Document source description
This file contains a published report of the Ad hoc Advisory Group on Puerto Rico.
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"ocrText": "concurring in several separate opinions. Three justices dissented\nproposal to extend the right to vote would be beneficial\nseparate opinions, and one justice disqualified himself. in\nnot but to citizens as individuals. First, it is fundamentally\nThe only to the Governments of the United States and of Puerto\nopinions discussed in detail the appointment, membership, The\nagendas regarding the ad hoc advisory groups as\nthe Plebiscite Act of 1966.\nimportant Rico, to democratic governments to have as many competent\nas possible participate in electoral decisions; second, it is\nPuerto Rico was appointed April 13, 1970.\nThe Ad Hoc Advisory Group on the Presidential Vote for\nequally citizens important that his basic the individual rights citizen. have the vote that he\nmay\nachieve and protect as a\nWhether it is an inherent right or not, the right to vote for\nIII. ANALYSIS AND CONCLUSIONS\nPresident and Vice President is of such importance that it should\nnot be denied to any citizen.\n1., The Right To Vote\nIn our democratic system, the right, accompanied by the\n2. The Presidential Vote and the People's Mandate\nobligation to vote, is the first and perhaps the most important\nJoint Resolution No. 1 of the Legislature of Puerto Rico,\nright and obligation of citizenship. It is the citizen's principal\nDecember 3, 1962, stated that those who supported common-\nmeans of achieving and defending his rights and privileges.\nwealth status conceived its maximum development, as a govern-\nIn 1789, only a minor percentage of the total population had\nment in permanent union with the United States of America,\nthe right to vote, whereas today almost all American citizens over\nunder the following principles:\n18 years of age have been granted voting privileges. Sixteen\n1. The recognition and re-assertion of the sovereignty of the people of\namendments have been added to the Constitution of the United\nPuerto Rico, so that no doubt may remain of their capacity to enter into a\nStates since the first 10, which constitute the Bill of Rights, and\ncompact under conditions of juridical equality.\n2. The assurance of the permanence and irrevocability of the union\nsix of these added amendments extend the right to vote. In\nbetween the United States and Puerto Rico on the basis of common citizen-\naddition, the equal protection clause of the 14th amendment has\nship, common defense, common currency, free market, common loyalty to\nbeen the basis of court decisions protecting and extending the\nthe values of democracy, and of such other conditions as may be considered,\nin the compact, of mutual benefit to the United States and Puerto Rico.\nvoting rights of citizens. The 12th amendment provides for\n3. The specific definition of the powers of the United States with respect\nseparate votes for President and Vice President, the 15th amend-\nto Puerto Rico, which shall exclusively be those essential to the union.\nment guarantees the voting rights of former slaves, the 17th\n4. All other powers shall be exercised by the constitutional organisms of\namendment provides for the direct election of U.S. Senators, the\nthe people of Puerto Rico.\n5. Participation by the people of Puerto Rico in the powers exercised,\n19th amendment grants the vote to women, the 23d amendment\nunder the compact, by the government of the United States, in matters\nenfranchises U.S. citizens resident in the District of Columbia, and\naffecting Puerto Rico, in a measure proportional to the scope of such powers.\nThis may include, among other ways of implementing such participation, the\nthe 24th amendment provides that \"the right to vote should not\nright to vote for the President and Vice-President of the United States.\nbe denied or abridged by the United States or any State by reason\n6. The adoption of a formula under which the people of Puerto Rico will\nof failure to pay any poll tax or other tax.' The 26th amendment\ncontribute to defray the general expenses of the United States government, in\na\nmanner compatible with the stability and economic growth of Puerto Rico.\nwas formally approved on July 1, 1971, by the representatives of\nthe State of Ohio, and formally signed by the President on July 5,\nNone of these principles can be interpreted as meaning that\n1971, approving full voting rights to all citizens 18, 19, and 20\nPuerto Rico should not vote for President and Vice President.\nyears of age. Granting the presidential vote to U.S. citizens in\nSuch right to vote, rather, is the only specific measure named in\nPuerto Rico would be another step in broadening the democratic\nsaid joint resolution. The presidential vote does not violate the\nprocess.\nprinciples of the permanent union of Puerto Rico and the United\n112\n113"
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