Why is There No Social Citizenship in Puerto Rico? The Demise of Section 20

Authors

Haley Powell, Indiana University Maurer School of LawFollow

Abstract

Part I will define T.H. Marshall’s theory of citizenship rights and explain how that framework pertains to the denial of social welfare rights in Puerto Rico’s constitution. It will also delineate the larger context of social welfare in the United States using the contract versus charity paradigm posited by two historians, New School Professor Nancy Fraser and New York University Professor Linda Gordon. Part II will explore the legislative history of the Puerto Rican Constitution at the Puerto Rican Constitutional Convention and the U.S. Congress debates following the convention. Part III will examine the ramifications of the removal of Section 20 to the present day and offer policy recommendations to at least begin to remedy the worst of Puerto Rico’s economic ills. The trajectory of Puerto Rico’s economy is inextricably tied to its political status and the broader right to self-determination which prompted Public Law 600. Therefore, Part III will also briefly consider Puerto Rico’s political status and which option might best serve the aims of social welfare and the realization of social citizenship.

Recommended Citation

12 Indiana Journal of Law & Social Equality 249