Sígrid Vendrell-Polanco

Volume 28.1 (download PDF)

Abstract

The United States purports to maintain a democratic relationship with its inhabited territories, yet the Supreme Court continues to uphold twentieth century laws that affirm rather than abrogate colonial policies. The gap between how the United States idealizes democracy and its real world application, especially in its five colonized territories (Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, the United States Virgin Islands, and American Samoa), is not just growing – it is becoming a chasm. These colonies are currently referred to as United States territories. In 2023, the U.S. territory of Puerto Rico experienced a controversial sovereignty challenge surrounding the Supreme Court’s ruling in Financial Oversight & Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc. In 2023, the Puerto Rican people expressed national outrage at the implementation and supervision of the Puerto Rico Oversight, Management, and Economic Stability Act (“PROMESA”) congressional statute due to its exclusion of Puerto Rican constituents from equal collaboration in debt crisis resolution and pronounced refusal of government transparency. This article contributes to the scholarly literature on United States territorial law by condemning the oppressive application of federal laws to the territories and contends that the Court has cut off any viable remedy for Puerto Rico to redress governance grievances. The Court continues to affirm colonial rule without a viable remedy for self-governance.