Constitution of the Commonwealth of Puerto Rico (1952)

The Constitution of the Commonwealth of Puerto Rico was adopted by a constitutional convention on February 6, 1952, approved by Puerto Rican voters on March 3, 1952, and ratified by the U.S. Congress (with amendments) on July 25, 1952.

The constitution was drafted under the authority of Public Law 600, enacted by Congress in 1950, which authorized Puerto Rico to organize a government "in the nature of a compact." The constitutional convention produced a progressive document with a comprehensive Bill of Rights that in some respects exceeded the protections of the U.S. Bill of Rights.

Key Provisions:
- Article I: Establishes the Commonwealth as a republican form of government
- Article II: Bill of Rights, including:
- Section 1: Right to life, liberty, and the enjoyment of property
- Section 5: Right to an education (free and non-sectarian public education)
- Section 6: Right to privacy (protection against wiretapping)
- Section 16: Right to organize labor unions
- Section 20: Right to employment and a reasonable minimum wage

Congressional Amendments: Before approving the constitution, Congress required the removal of Section 20 of the Bill of Rights, which recognized the right to employment, education, and social protection. This deletion was imposed over the objection of the Puerto Rican constitutional convention, demonstrating that even in the act of "self-governance," Congress retained ultimate authority.

The 'Compact' Debate: The Commonwealth government has long argued that the constitution created a "compact" between Puerto Rico and the United States that cannot be unilaterally altered. However, the Supreme Court rejected this interpretation in Puerto Rico v. Sánchez Valle (2016), ruling that Puerto Rico's authority derives from Congress, not from the people of Puerto Rico through the constitution.

The constitution thus represents both a genuine democratic achievement of the Puerto Rican people and a fundamental colonial paradox: a constitution that grants self-governance but not sovereignty, written under the authority of Congress and subject to its ultimate power.