The Supreme Court questions the desire of Puerto Rico to gain its own autonomy. The court firmly believes that it is still the US congress who calls the last shot regarding the matter.
According to the Big Story, the Supreme Court is weighing on the request of the Puerto Rican Government to get its own free state with powers that go beyond its status as a territory of the United States. This doubts came about during a criminal case involving two men who said that the Puerto Rican and the federal government can't prosecute them of the same offense of selling guns without a permit. The principle of double jeopardy prevents criminals to be charged twice for doing the same deed. This particular case imply both political and legal aspects.
Yahoo! News reported that the the Caribbean, a U.S territory acquired in the 1998 Spanish-American War gained its autonomy in 1952. It adopted its very own constitution and was allowed to create its own laws.
Congress is the ultimate source of the islands legal power says Justice Elena Kagan during a hearing with Cristopher Landau, one of Puerto Rico's legal representative. Courthouse News also reported that Justice Elena stated that if congress is in the driver's seat then it is the sole source of authority. Landau, on the other hand, said that the political power of the commonwealth emanates from the people. Moreover, congress has relinquished its control over Puerto Rico the moment that it allowed the island to create its own laws and form its government. But Justice Antonin Scalia clarified that its doesn't mean that Congress could not change the law.
The daughter of Puerto Rico- born parents, Justice Sonia Sotomayor seemed to kneel on the side of the Puerto Rican government. She said that congress has confirmed sovereignty when it approved the islands constitution even though it may not equate the level of the state. She added that before 1952, congress could veto Puerto Ricos laws but it opted to relinquish that right and therefore handed Puerto Rico its sovereignty.
