Puerto Rico's Constitution: Drafted 1950, Approved 1952 Under U.S. Authority

Puerto Rico did not independently draft its constitution from scratch. The process was authorized and structured by the U.S. Congress under the Puerto Rican Federal Relations Act (1950).

Timeline

1. 1950: U.S. Congress passes Public Law 600, authorizing a constitutional convention.
2. 1951: Delegates elected; convention meets in San Juan (Sept–Dec).
3. Feb 1952: Draft constitution completed.
4. Mar 3, 1952: Referendum — 81.9% approve (374,649 to 82,923).
5. Jul 3, 1952: U.S. Congress approves (with amendments: Art. VII, Sec. 20 — no right to strike against government).
6. Jul 25, 1952: Constitution takes effect; Constitution Day celebrated annually.

Key Features

• Republican form: Three branches; bill of rights (Art. II) broader than US (e.g., right to work, education, privacy).
• Autonomy: Internal affairs; fiscal, labor, education, health.
• Limitations: No sovereignty over defense, currency, foreign relations, immigration, trade. U.S. federal law supreme.
• Amendment: Requires 2/3 legislative vote + referendum; U.S. Congress not required to approve amendments.

Status Context

Puerto Rico remains an unincorporated U.S. territory. The constitution governs internal self-government but does not alter the territorial relationship. Statehood, independence, or free association require Congressional action.

The 1952 constitution was a negotiated charter—not a sovereign founding document.