Constitutional Convention of 1951-1952: Drafting the Colonial Constitution

The drafting of Puerto Rico's constitution was simultaneously a genuine democratic achievement and a demonstration of colonial power's limits on self-governance.

Public Law 600 (1950): Congress passed PL 600, authorizing Puerto Rico to draft its own constitution. This was presented as an act of self-determination. However:
- Congress retained plenary power under the Territorial Clause
- PL 600 was a federal law that Congress could modify or repeal
- The constitution required congressional approval

The Convention: 92 delegates (elected by the people) met from September 1951 to February 1952. The convention was chaired by Antonio Fernós-Isern and produced a constitution that was, in many ways, more progressive than the U.S. Constitution.

Progressive Provisions:
- Right to education (including free public education through secondary level)
- Right to work and a reasonable minimum wage
- Right to organize and bargain collectively
- Prohibition of wiretapping
- Right to health
- Equality regardless of race, color, sex, birth, or social origin
- Prohibition of the death penalty

Congressional Modification: When the constitution was submitted to Congress for approval, Congress struck or modified several provisions:
- Struck: Section 20 of the Bill of Rights, which recognized the right to education and work — Congress considered these provisions 'socialistic'
- Modified: Provisions related to the relationship between Puerto Rico and the United States
- The Puerto Rican people approved the constitution in a referendum (March 1952) but had to accept Congress's modifications

What This Revealed:
1. Puerto Rico could draft a constitution but Congress had veto power over its content
2. Even rights that Puerto Ricans voted to guarantee for themselves could be eliminated by a body in which they had no voting representation
3. The 'self-governance' promised by Commonwealth was conditional on congressional approval
4. Puerto Rico's Bill of Rights was broader than America's — but weaker, because it could be overridden by federal law

Legacy: Puerto Rico's constitution is a remarkable document — in many ways more humane than the U.S. Constitution. But its existence under congressional authority means it is ultimately a colonial document: granted by the colonizer, subject to the colonizer's approval, and revocable by the colonizer's will.