Historical Overview

The United States (U.S.) invented a new territorial law and policy to rule Puerto Rico and all territories acquired after the Spanish-American War of 1898. Prior to 1898, territories were subject to either colonial or imperial rule. Territories subject to colonial rule were annexed, settled, and subsequently organized with the purpose of creating new states that could be admitted into the Union. In contrast, the imperialist tradition was premised on the occupation of territories for strategic economic and/or military purposes. Between 1898 and 1901, the U.S. government developed a “third” territorial tradition of territorial expansionism that enabled federal officials to selectively use colonialist and imperialist precedents to rule Puerto Rico.

Since then, the United States has ruled Puerto Rico as an “unincorporated” territory that belongs to but is not a part of the Anglo-American Empire. Throughout this period Congress has debated upwards of 150 bills and laws addressing the status of Puerto Rico. However, Congress has neglected to enact any legislation authorizing the resolution of Puerto Rico’s political status. This historical overview provides a landscape of some of the political issues shaping the relevant congressional debates while highlighting key status legislation for Puerto Rico.