National Association for Uniformed Services“The American Service Members’ Voice in Congress!”

Vice-President SE Region (FL, GA, SC, AL, MS, MO, AR, & PR)JOIN NAUS: www.naus.org // 1-800-842-3451// VP: dennisfreytes@hotmail.com / L: (407) 298-1151

TO: MEDIA; US Congress; US President; US Supreme Court; Other American Patriots

(Less than 1,200 Words)Equality for Puerto Rico-Call to Action!

The complex US Territory of Puerto Rico’s equal rights quandary- that affects millions of discriminated US Citizens, is not only about a “Group Vote” on the status question, but, more important, it’s about protecting individual civil rights in our representative democracy-where the US Citizen should be the epicenter of our Republic, not the US Government’s un-democratic territorial control of the land & People.

After forcefully taking Puerto Rico as a spoil of War (1898), the Federal Government controls or oversees the currency, economy, security, borders, shipping, taxes, Federal benefits… and all local laws; governs per the Territorial Clause (Congress shall have the powers to dispose of and make all rules and regulations pertaining to the Territory...or Property belonging to the US…)

In 1917, Congress erred on imposing in PR--a statutory “2d Class US Citizenship” (without all rights responsibilities, & benefits)-- that doesn't permit loyal US Citizens (including fighting US Veterans) to vote in Federal elections (for their US President-Head of State) nor have just representation in the Congress that determines their destiny nor permanent US Citizenship, under our noble USA Flag--actions that oppress; conflicts with the spirit of our democracy; constitutional civil rights equality amendments!

One main source of this despotic power are the discriminatory vestiges of the “Insular Cases” (1902-1922+) (decided by biased Federal Courts during a racist era) that are still being enforced today! The Federal Government is wrongly continuing the masked contention that Puerto Rico is an “un-incorporated” US Territory (“more foreign than domestic… not part of but, a possession or property that belongs to the US”).

It is a historic fact that some Congressmen and Federal Judges (of the time) as they coined the terms (not found in the US Constitution)--“unincorporated…-more foreign…” --made outrageous biased comments, such as: “Because of different origin and language… Puerto Ricans were inferior… mestizos; could not govern themselves…”-- which incongruently is still today, the cloaked basis of Federal governance of the US Territory of Puerto Rico; allows un-democratic Voter segregation… depending on where you reside under our US Flag!

This means: Statutory US Citizens born in Puerto Rico have an un-permanent US Citizenship because Congress can discriminate in applying the US Constitution.... Thus, due to these unfair decisions, they aren’t fully covered by the “Due Process Clause” or by the 14th Amendment (that states you are a US Citizen if you are born in a State or Naturalized).

Individuals born in Puerto Rico aren’t US Citizens by virtue of the US Constitution; instead they are 2d Class US Citizens by a revocable law of the US Congress. (One Congress can’t bind a future Congress…) Thus, they don’t have a permanent US Citizenship. (Naturalization may only be applied in a State, not in mass on foreign land of an un-incorporated Territory which belongs to the US but it is not a part of it...)

Besides, President W. Bush Task Force on Puerto Rico’s Status Report (page 9-not refuted by any other Reports), after years of analysis by the US Justice Department, states: “If P.R. were to become independent… those who had U.S. Citizenship only by statute would cease to be citizens of the United States, unless a different rule were prescribed by legislation or treaty." 

Thus, US Citizens in Puerto Rico mostly have a statutory 2d Class US Citizenship; are under Federal oppression… Congress has the un-democratic power to differentiate (discriminate)… in applying the US Constitution there (according to flawed Supreme Court constitutional interpretive decisions which have not been overturned...).

1

Today, we have US Citizens not justly represented in their US Congress… The Puerto Rico Resident Commissioner which represents about 4 million US Citizens (equal proportionally to six US Representatives and two US Senators)-has no vote in Congress!

Many US Judges to include, Former Chief Judge Torruella (US 1st Circuit Court of Appeals) in his Book-has critiqued the judicial system and compares the “Insular Cases” (1901-1922), that defined the status of Puerto Rico to Plessy v. Ferguson (separate but equal doctrine to justify racial segregation) that was overturned with Brown v Board of Education (1954)-- to Puerto Rico’s case of un-democratic inequality (2d Class US Citizenship).

Some try to hide or distort the truth to fool people--by referring to PR’s Status as “Commonwealth” or translated in Spanish-ELA (Free Associated State). These terms are not found in the US Constitution! They are (no meaning) political names used to camouflage a local regulated government (with some broad powers) allowed under the un-democratic control/will of Congress, per the US Territorial Clause.

Where is the Patriotic outcry against an aged wrong? Where is President Obama and our Justice Department on ending this institutional discrimination? Enough with unfair excuses, distortions, and political spins that fool and subjugate US Citizens! Today, American Citizens (with equal rights, responsibilities, and benefits) should be the focus of our “We the People” representative Democracy!

Like former Patriots have said we must guard against “the tyranny of a majority”!

After 115 years of Puerto Rico being under the discriminatory oppressive will of Congress-- it is due time that American Patriots take action to get our Federal Government to equally apply the US Constitution; ensure equal treatment under just law; end Federal subjugation that strikes at the essence of our American Democracy (Federal “consent of the governed”- just representation)!

PR held an internal plebiscite (Nov. 2012). Results: 54% (958,915) -end Territorial Status; 61+% (824,195) Statehood; 5% (74,812) Independence… (Total Voted: 78%) Respect this democratic vote! It’s the duty of the Federal Government (which at times has been benevolent) to take action; educate; end political discrimination; lead the patriotic effort! Congress must: Enact HR-2000 (“Puerto Rico Status Resolution Act”- yes or no vote on Statehood); ratify the democratic

majority decision! If not, conduct a self-determined PR Plebiscite with constitutionally non-territorial defined Options (that don’t

fool people)…, but, achieve political equality; let all statutory US Citizens (born in PR) Vote (no matter their US residency --because the outcome affects them-they have legal standing.)

The only constitutional viable non-territorial options are: Statehood or Independence (Total or with Pact) Forms of Independence include: Free Association, ELA Soberano…-- means: Separate Sovereignty under PR

Citizenship and PR Constitution; loss of US Citizenship, benefits, & protection of US Constitution--with no opportunity for permanent US Citizenship or Statehood... -- but, with an association Pact-that can contain certain benefits, and arrangements. However, a “Pact” surrenders certain PR sovereign rights until it is terminated by either side… Thus, this is “back door Independence” (“Independencia por la cocina”)!

Remember: A Nation can’t be sovereign or enact a pact when under the loyalty, Citizenship, & Constitution of another Nation…

Enhanced ELA is not constitutionally viable because the US Territorial Clause is explicit on what are the despotic powers of Congress over a US Territory.

This un-democratic Territorial Status has a negative impact on PR’s economy, quality of life, and causes the US un-necessary trouble, an exodus to the mainland, needless expenses... The Federal Government must ensure one equal US Citizenship; terminate Puerto Rico’s trite un-democratic dinosaur Territorial Status—Statehood or Independence-now!

XXXWe leave no American Veteran behind!For the good of all! Dennis O. Freytes American Veteran, US Army Ret.; VP NAUS SE Region (Former Commander of: Infantry, Special Forces, Airborne, Medical, Engineer, and other Units); Community Servant

Good Soldiers’ never die--their noble Warrior fighting spirit for a just cause lives forever!

2

(Less than 750 Words)Equality for Puerto Rico-Call to Action!

The complex US Territory of Puerto Rico’s equal rights quandary- that affects millions of discriminated US Citizens, is not only about a “Group Vote” on the status question, but, more important, it’s about protecting individual civil rights in our representative democracy-where the US Citizen should be the epicenter of our Republic, not the US Government’s un-democratic territorial control of the land & People.

After forcefully taking Puerto Rico as a spoil of War (1898), the Federal Government controls or oversees the currency, economy, security, borders, shipping, taxes, Federal benefits… and all laws; governs per the Territorial Clause (Congress shall have the powers to dispose of and make all rules and regulations pertaining to the Territory...or Property belonging to the US…)

In 1917, Congress erred on imposing in PR--a statutory “2d Class US Citizenship” (without all rights responsibilities, & benefits)-- that doesn't permit loyal US Citizens (including fighting US Veterans) to vote in Federal elections (for their US President-Head of State) nor have just representation in the Congress that determines their destiny nor permanent US Citizenship, under our noble USA Flag--actions that oppress; conflicts with the spirit of our democracy; constitutional civil rights equality amendments!

One main source of this despotic power are the discriminatory vestiges of the “Insular Cases” (1902-1922+) (decided by biased Federal Courts during a racist era) that are still being enforced today! The Federal Government is wrongly continuing the masked contention that Puerto Rico is an “un-incorporated” US Territory (“more foreign than domestic… not part of but, a possession or property that belongs to the US”).

This means: Statutory US Citizens born in Puerto Rico have an un-permanent US Citizenship because Congress can discriminate in applying the US Constitution.... Thus, due to these unfair decisions, they aren’t fully covered by the “Due Process Clause” or by the 14th Amendment (that states you are a US Citizen if you are born in a State or Naturalized).

Individuals born in Puerto Rico aren’t US Citizens by virtue of the US Constitution; instead they are 2d Class US Citizens by a revocable law of the US Congress. (One Congress can’t bind a future Congress…) Thus, they don’t have a permanent US Citizenship. (Naturalization may only be applied in a State, not in mass on foreign land of an un-incorporated Territory which belongs to the US but it is not a part of it...)

Thus, US Citizens in Puerto Rico mostly have a statutory 2d Class US Citizenship; are under Federal oppression… Congress has the un-democratic power to differentiate (discriminate)… in applying the US Constitution there (according to flawed Supreme Court constitutional interpretive decisions which have not been overturned...).

Today, we have US Citizens not justly represented in their US Congress… The Puerto Rico Resident Commissioner which represents about 4 million US Citizens (equal proportionally to six US Representatives and two US Senators)--has no vote in Congress!

Many US Judges to include, Former Chief Judge Torruella (US 1st Circuit Court of Appeals) in his Book-has critiqued the judicial system and compares the “Insular Cases” (1901-1922), that defined the status of Puerto Rico to Plessy v. Ferguson (separate but equal doctrine to justify racial segregation) that was overturned with Brown v Board of Education (1954)-- to Puerto Rico’s case of un-democratic inequality (2d Class US Citizenship).

Some try to hide or distort the truth to fool people--by referring to PR’s Status as “Commonwealth” or translated in Spanish-ELA (Free Associated State). These terms are not found in the US Constitution! They are (no meaning) political names used to camouflage a local regulated government (with some broad powers) allowed under the un-democratic control/will of Congress, per the US Territorial Clause.

Where is the Patriotic outcry against an aged wrong? Where is President Obama and our Justice Department on ending this institutional discrimination? Enough with unfair excuses, distortions, and political spins that fool and subjugate US Citizens! Today, American Citizens (with equal rights, responsibilities, and benefits) should be the focus of our “We the People” representative Democracy!

Like former Patriots have said we must guard against “the tyranny of a majority”!

3

This un-democratic Territorial Status has a negative impact on PR’s economy, quality of life, and causes the US un-necessary trouble, an exodus to the mainland, needless expenses... The Federal Government must ensure one equal US Citizenship; terminate Puerto Rico’s trite un-democratic dinosaur Territorial Status—Statehood or Independence- now!

XXXWe leave no American Veteran behind!For the good of all! Dennis O. Freytes American Veteran, US Army Ret.; VP NAUS SE Region (Former Commander of: Infantry, Special Forces, Airborne, Medical, Engineer, and other Units); Community Servant

Good Soldiers’ never die--their noble Warrior fighting spirit for a just cause lives forever!

4