You Can't Have Your Colony and Eat It Too: Territorial Classification of Puerto Rico Violates the Equal Protection Imperative.

The article focuses on the constitutional challenges posed by Puerto Rico’s territorial classification as an unincorporated commonwealth, arguing that it violates the Equal Protection Clause by permanently denying its U.S. citizen residents the right to vote in federal elections. It traces the historical and legal background from Puerto Rico’s acquisition by the United States in 1898 through the Insular Cases and the establishment of the Commonwealth status in 1952, highlighting how these developments entrenched a second-class citizenship marked by disenfranchisement. The author contends that Puerto Ricans are similarly situated to citizens in the states, constitute a discrete and insular minority, and have been subject to invidious discrimination, while Congress lacks a compelling interest to justify the denial of fundamental rights such as voting and political expression. The article further addresses judicial barriers to redress, arguing that federal courts should recognize the justiciability of claims challenging Puerto Rico’s vote denial and provide remedies, given the constitutional violations and the political catch-22 that prevents legislative or executive branches from resolving the issue. [Extracted from the article]