Puerto Rico to the U.S. Supreme Court: “Are we a territory or not?”

War Against All Puerto Ricans: Revolution and Terror in America’s Colony

 

Puerto Rico v. Sánchez Valle began as a local criminal matter in Puerto Rico, and exploded into a landmark constitutional case before the U.S. Supreme Court.

The Court is faced with one central question: is Puerto Rico a U.S. territory, or is it a sovereign nation? This question is the heart of Puerto Rico v. Sánchez Valle. It is because of this question, that the Supreme Court felt compelled to hear the case. And now the Court must answer it.

The case involves Luís Sánchez Valle and Gómez Vásquez, who pleaded guilty to federal gun charges – and then asserted that they could not be prosecuted again for the same crimes, in the local courts of Puerto Rico, because this would violate the “double jeopardy clause” in the Fifth Amendment of the US constitution. 

If Puerto Rico is only a US territory, then its court system does not have the right to try Sánchez Valle a second time. If Puerto Rico is “sovereign,” then it does have the right to try him separately, within its own sovereign court system.

http://www.scotusblog.com/case-files/cases/puerto-rico-v-sanchez-valle/

http://www.scotusblog.com/wp-content/uploads/2015/08/Sanchez-Valle-cert-petition-FINAL.pdf

Efrén Rivera Ramos, a law professor and former dean of the University of Puerto Rico Law School, recognizes the significance of Puerto Rico v. Sánchez Valle. According to Ramos, if the Court agrees with the “double jeopardy” defense, “That will make it very difficult for Commonwealth advocates to keep saying that in 1952 Puerto Rico became something other than a plain territory of the United States.”

http://m.motherjones.com/politics/2016/01/puerto-rico-independent-state-double-jeopardy-supreme-court

However, despite the clarity of this case, two Supreme Court Justices are already offering “weasel language.”

Justice Breyer urged the court to “limit its decision to the context of double jeopardy.” That is as ridiculous, as a doctor who tells his patient “you have diabetes…but only in your left hand.”

Justice Kennedy said there might be “varieties of sovereignty.” This is as sensible as the notion of a “Free Associated State” (Estado Libre Asociado) which is not free, not a state, and not associated – since it is owned.

http://www.nytimes.com/2016/01/14/us/politics/justices-hear-case-over-puerto-ricos-sovereignty.html

The U.S. Supreme Court cannot accept a case that is entirely based on the issue of Puerto Rico’s territorial status, and then render a decision which avoids the territorial issue.

Justice Sotomayor must not allow this. If there ever was a reason for Sonia Sotomayor to be on this Supreme Court, this case is it.

After 118 years, it is time to end the sophistry. After 118 years, the very least that Puerto Rico is entitled to, is a straight answer.

Answer the question.

Is Puerto Rico a U.S. territory…yes or no?

 

For a history of the War Against All Puerto Ricans, read the book…

War Against All Puerto Ricans: Revolution and Terror in America’s ColonyBuy it Now

Si prefiere ver la página web en español por favor visite: http://www.guerracontratodoslospuertorriquenos.com

15 Comments on “Puerto Rico to the U.S. Supreme Court: “Are we a territory or not?”

  1. Since 1898….we still a colony….and forever a colony…..

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  2. ACCORDING TO TTHE SUPREMACY CLAUSE OF THE U.S. CONSTITUTION DOES NOT GRANT THE U.S. SUPRER THE U.S SUPREME COURT LACKS AUTHORITY AND JURISDICTION TO DECIDE ANYTHING REGARDING THE NATURE OF THE POLITICAL STATUS OR POLITICAL FUTURE OF PUERTO RICO.

    i PROCEEDS TO EXPLAIN THIS LITTLE KNOWN LEGAL DOCTRINE AND PRINCIPLE (BY LAYPEOPLE).

    THE SUPREMACU CLAUSE (ADOPTED AS PART OF THE U.S. CONSTITUTION OVER 200 YEARTS AGO), CLERARLY STATES THAT THE SUPREME LAW OF THE LAND IS COMPOSED OF THE FOLLOWING

    1. THE U.S. CONSTITUTION ITSELF

    2 ALL (LAWFUL) LAWS APPROVED BY CONGRESS, AND

    3,( LAST BUT NOT LEAST) ALL INTERNATIONAL TREATIES TO WHICH THE UNITED STATES IS A SIGNATORY.THEROF

    LEGALY, AND CONSTITUTIONALY, THIS MEANS THAT THOSE THREE ITEMS ARE OBLIGATORY UPON ALL BRANCHES OF GOVERNMEN, FEDERAL AND STATE. CLEAR ENOUGH?

    THERE IS NO DISPUTE, DIFFERENCE OF OPINION OR CONTROVERSY AMONG LEGAL SCHOLARS OR WITHIN THE LEGAL PROFESSION WITHIN THE U.S. ABOUT TGHE EFFECTIVESS, APPLICATION, AND FORCE OF LAW OF THE ABOVE MENTIONED DOCTRINE. IT HAS BEEN UNANIMOUSLY ACCEPTED, PUT INTO PRACTICE AND RESPECTED SINCE ITS INCEPTION FOR OVER 200 YEARS.

    NOW, LETS TALT ABOUT INTERNATIONAL TREATIES AND THEIR APPLICATION AND FORCE OF LAW IN VIEW OF THE SUPREMACY CLAUSE.]

    THE U.N. CHARTER, IS A MILTY NATIONAL INTERNATIONAL TREATY TO WHICH THE UNITED STATES IS A SIGNATORY THREOF. HENCE, IT HAS FULL APRICATION.JURISDICTION AND FORCE OF LAW WITHIN THE UNITED STATES, AS DESCRIBED ABOVE BY VIRTUE OF THE SUPREMACY CLAUSE (WHICH IS OF CONSTITUTIONAL RANK0,THUS THE U.C. CHARTER APPLIES WITHH ALL FLL FULL FORCE AND EFFECT UPON ALL BRANCHES OF THE U.S. GOVERNMENT AND OVERRIDES THEIR AUTHORITY IN MATTERS OF INTERNATIONAL LAW. i REITERATE THERE HAS BEEN A FULL AND ABSOLUTE CONSENSUS AMONG ALL LEGAL SCHOLARS AND THE LEGAL PROFESSION WITHING THE U.S. SINCE THE U.S. CONSTITUTION WAS ADOPTED OVER 200 YEARS AGO, ON THIS PONT OF LAW.

    FURTHER, AND TO MAKE MATTERS ABSOLUTELY CLEAR, I WILL STATE THAT THE UNITED NATIONS APPROVED AN AMMENDMENT TO ITS CHRATER, TO WHICH THE U.S. GOVERMENT WAS A SIGNATORY THEREOF ALSO tHIS INTERNATIONAL TREATY AMENDING THE U.N,. CHARTER, DECREED AND DECLARED AS A MATTER OF INTERNATIONAL LAW, THE ABSOLUTE RIGHT OF ANY AND ALL NATIONS WHICH DID NOT ENJOY SOVEIRNGTY OR INDEPENDENCE, TO THEIR DECOLONIZATION. MECHANISMS UNDER INTERNATIONAL LAW, WERE ESTABLISHED IN THE U.N.. TO PUT INTO PRACTICE THIS NEW INTERNATIONAL RIGHT OF NATIONS TO THEIR DECOLONIZATION. IN ADDITION, A COMMEETEE OF 22 U.N, MEMBER STATES WAS ESTABLISHED TO PUT INTO PRACTICE THIS NEW INTERNATIONAL RIGHT OF SUBJECT NATIONS.AND INSURE ITS IMPLEMENTATION..

    HUNDREDS OF SUBJECT NATIONS (COLONIES) THROUGHT THE WORLD, OBTAINED THEIR SELF -DETERMINATION, SOVERNGTY AND INDEPENDENCE BY AVAILING THEMSELVES OF THIOS NEW INTERNATIONAL RIGHT.

    THIS DECOLONIZATION COMMITTEE,, USING ITS AUTHORITY UNDER INTERNATIONAL LAW, THAT AS I HAVE SAID ABOVE, IS OBLIGATORY UPON THE UNITED STATES AND ALL ITS GOVERNMENTAL AGENCIES, HAS DECLARED THAT PUERTO RICO IS A COLONY OF THE UNITED STATES, AND THAT BOTH, PUERTO RICO AND THE U.S. ARE SUBJECT TO ITS JURISDICTION. TGHIS COMMEETEE HAS THE UNILATERAL RIGHT UNDER INTERNMATIONAL LAW TO DECLARE PUERTO RICO A COLONY, AND TO MANDATE THE U.S. TO PUT INTO PRACTICE THE NECESARY MECHANISMS UNDER INTERNATIONAL LAW THAT WILL ALLOW PUERTO RICO, UNDER U.N. SUPERVISION AND JURISDICTION TO EXERCISE ITS TRIGHT DECOLONIZATION AND TO SELF-DETERMINATION, SOVEIRGHTY AND ABSOLUTE POLITICAL INDEPENDENCE.

    CONCLUSION

    BASED UPON THE LEGAL OPERATION OF THE SUPREMACY CLAUSE, OF THE U.S. CONSTITUTION, ALL INTERNATIONAL TREATIES TO WHICH THE U. S.IS A SIGNATORY THEREOF, ARE OBLIGATORY AND HAVE FULL FORCE AND EFFECTCT UPON ALL BRANCHES OF THE U.S. GOVERNMENT. THE U.N. CHARTER IS ONE OF THOSE TREATIES ALONG WITH AMMENDMENT ESTABLISHING THE RIGHT OF ALL SUBJECT NATIONS TO DECOLONIZATION, SELF-DETERMINATION, SOVEIRNRTY AND FULL POLITICAL INDEPENDENCE.

    THE U.N. HAS EXCERSISED THIS INTERNATIONAL EXCLUSIVE AUTHORITY TO DECLARE THAT PUERTO RICO IS A NATION SUBJECT TO COLONIAL CONTROL, AND THUS HAS A RIGHT UNDER INTERNATIONAL LAW TO ITS-SELF DETERMINATION, SOVERNRGTTY AND FULL POLITICAL INDEPENDENCE.

    UNDER THE LEAGL CONSTITUTIONAL DOCTRINE OF THE SUPREMACY CLAUSE OF THE U.S. CONSTITUTION, THE U.S. SUPREME COURT LACKS JURISDICTION AND LEGAL AUTHORITY TO DECIDE ANYTHING RELATION TO THE NATURE OF POLITICAL STATUS OF PUERTO RICO, NOR ITS POLITICL FUTURE. THAT IS AN EXCLUSIVE RIGHT OF THE UNITED NATIONS.

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  3. DURANTE TODO ESTE TIEMPO HEMOS SIDO ENGAÑADO, NI SOMOS ESTADOS NI SOMOS NI LIBRE NI SOMOS ASOCIADO, ESTO FUE LA GRAN MENTIRA DEL SIGLO.. ESTO ES UNA PATRAÑA INVENTADA POR LUIS MUÑOZ MARIN PARA ENGAÑAR AL PUEBLO DE PUERTO RICO CON ESE INVENTO QUE NOS HA TENIDO INMERSO EN UN MUNDO DE MENTIRAS Y ENGAÑOS, LA GRAN MENTIRA DEL SIGLO Y QUE ESTADO LIBRE ASOCIADO….

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  4. 2016 and no one knows what we are!
    Reminds me of a girl I got up to my hotel room, and, as I took her blouse off, and so forth, she kept asking: What are you doing,? what are your intentions? A week later, she was saying: “well, Room Service did bring good food”

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  5. I Have never needed anyone to tell me what reality is, and who’s in charge! I have eyes,and ears to monitor what goes on around me.The Day I turned 18, my dad took me to the U. S. Post Office to register me in the draft.. Federal Law
    y’know! In 1957, I traveled to Europe. For that trip, I needed a U.S. Passport, vaccinations, and a Visa that explained which countries I could enter and which not. Except, my passport was green, {not Blue} and signed by Luis Muñoz Marin..

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  6. Thank you Mr. Denis for your honesty and truth.
    After 117 YEARS OF LIES, We deserve to hear the truth

    Like

  7. Puerto Rico es una colonia americana desde el 1898, Bajo el control total del congreso , La colonia mas vieja del nuevo mundo.

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  8. I’m so glad that this case has come before the US Supreme Court to finally clarify: What is the status of Puerto Rico? But I fear that this case will not end in a clear straight answer because of the political significance this has on Puerto Rico as well as the US. More lies and deceit will follow just like the 118 years Puerto Rico has been held in Bondage.

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  9. A shame we must let a biased court decide what our island nation. We all know where their loyalty and pockets lie. Why not let the Hague court preside over our ghost slavery by the US!

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  10. A Soverign State is generally defined to be any nation or people, what ever may be the form of its internal constitution, which governs itself independently of foreign powers. The Jone’s Act is still in effect, and in the 1960’s Puerto Ricans were subject to mandatory draft. With these two clauses alone proves Puerto Rico is not a Soverign state. The legal foundation of Puerto Ricós status within the United States can be found in article IV, section 3, clause 2 of the United States constitution, commonly known as the ” Territorial Clause ” – The congress shall have the power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.” Constitution of the United States of America, Article IV, Section 3, Clause 2. So in plain English the United States can sell the island of Puerto Rico and its people on a whim to China if it wanted to pay off a debt to them. Puerto Rico is a Possessed ( Property ) Territory.

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  11. Puerto Rico is the comenwealth of the United States of America.

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  12. This is a most fascinating occurrence, by way of a minor criminal case, the true nature of the U.S. relationship with Puerto Rico will finally be legally expressed through the ultimate court that should rightly and clearly make its language unambiguous. If Sovereignty is recognized, then Puerto Rico will have the necessary ammunition it needs to address the global community of its right to self govern without U.S. proxy envoys, or established congressional “Big Brother” oversight.
    I’m definitely going to keep my eyes and ears glued to this as it unfolds.
    Thank you very much for bringing the matter to this forum.

    Liked by 1 person

  13. Reblogged this on It Is What It Is and commented:
    Landmark case ….. Clear cut answer! Is Puerto Rico US territory or not?
    We know the answer …. yet we deserve a concise & clear statement!! Be honest, for once!!

    Like

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