118th CONGRESS

1st Session

 

 

 

 

 

 

H.J. Res. 90

United States House of Representatives

January 9, 2023

 

Sponsored By: Rep Ian A. Medina (D-FL)

 

Article

Section 1. A joint resolution calling attention to statutory law already passed in federal law and imposing a constitutional amendment of the Constitution of the United States of America pursuant to federal preemption by officially calling Puerto Rico a state since it has been a long-recognized commonwealth under federal law.

Section 2. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), that the following joint resolution be enacted and enforced against the territories under our sovereignty.

 

Section 3. Pursuant to the powers granted in the Foraker Act of 1900 superseded by the Jones-Shafroth Act, and the Puerto Rico Federal Relations Acts, the commonwealth of Puerto Rico is a state in the union of the states and the United States of America.  Thus, the commonwealth of Puerto Rico shall be an American state and remain under the dominion of the United States of America. See Pub. L. 56-191, 31 Stat. § 77, superseded by Pub. L. 64-368, 39 Stat. § 951; Pub. L. 81-600 codified as 48 U.S.C. § 731 to § 755, as amended; Pub. L. 82-447, 66 Stat. § 327. 

Section 4. Pursuant to the Tenth Amendment of the Constitution of the United States of America, the commonwealth of Puerto Rico is hereby entrusted with the police power over itself subject to the supreme power of the United States of America. U.S. Const. X. The commonwealth of Puerto Rico shall manage and oversee the official and unofficial affairs of the island of Puerto Rico pursuant to the Constitution of Puerto Rico and the Constitution of the United States of America, which has been in effect since their ratification. See Ibid.

Section 5. The commonwealth of Puerto Rico shall not: (1) abuse the police power; (2) secede or have the right of secession; nor (5) be a nation by themselves, just with the United States of America.

Section 6. The commonwealth of Puerto Rico shall never: (1) collude or conspire with anyone against the United States of America; (2) use the police power in a way contrary to American law; (3) use dominion and control of the island of Puerto Rico in a way that harms the United States of America; (4) identify or regard themselves to be better or superior than the United States of America; (5) identify or regard themselves to be worse or inferior than the United States of America; nor (6) lose their culture or heritage all of which is subject to the United States of America. 

Section 7. The commonwealth of Puerto Rico has a heavy burden on their shoulders that shall be handled. If there are any shortcomings in the ability to maintain the state, then the United States of America shall impose jurisdiction and handle the affairs to ensure functioning of government and national security at the federal level. 

Section 8. Any violations of the preceding will result in immediate termination of rights, privileges, immunities and benefits granted herein to the commonwealth of Puerto Rico. These rights, privileges, immunities and benefits are solely vested by the United States of America and any violations or transgressions against the federal sovereign will lead to war and all available alternatives. 

Section 9. The island of Puerto Rico is subject to the Constitution of Puerto Rico as their state and the Constitution of the United States as their federal.

 

Section 10. Congressional delegates from Puerto Rico are hereby raised to official representatives and senators in the Congress with all voting rights available. Moreover, all rights,  privileges, benefits, immunities vested in the Congress under Article I of the Constitution of the United States are conferred upon the congressional delegates from Puerto Rico as now completely, entirely and fully constituents of the Congress.

Section 11. The people of Puerto Rico are now conferred with the voting power to participate in national elections, including but not limited to, presidential elections every four years. The Secretary of State of the commonwealth of Puerto Rico shall handle all election-related matters and render ballots in duly executed, fair and free elections in accordance with federal law and state law.  

  

Section 12. The entire Puerto Rico shall act in accordance with federal law and state law just like any other state in the United States of America. The entire Puerto Rico is hereby entrusted with our seed of freedom thereby taking control as fiduciaries of American lives, our heritage, national identity and our pride.

Section 13. The United States of America reserves the right to amend this legislation as necessary pursuant to federal law. No rights. privileges, immunities and benefits not expressly granted herein shall be vested or inferred neither constructively nor actually. All conflicts of laws are subject to federal preemption, citations omitted. The entire Puerto Rico shall have individual standing and collective standing in federal court to bring suit against themselves, each other, the commonwealth of Puerto Rico and/or the United States of America in law and equity.

 

Section 14. Puerto Rico shall remain having birthright citizenship and are hereby officially admitted as Americans by the United States of America. See Ibid.

Section 15. Everything vested herein is non-negotiable, non-transferable and non-delegable. Any and all claims at law and equity arising out of this legislation is subject to legislative immunity and barred. The drafters of this legislation reserve all the rights, privileges, immunities and benefits available at law. 

Section 16. As such, any and all cases and/or controversies arising from this legislation are barred under the Speech or Debate Clause of Article I of the Constitution of the United States. U.S. Const. art. I, § 6, cl. 1.

 

Sponsored By Rep. Ian A. Medina (D-FL): 01/09/2023

Passes the House:

Passes the Senate:

Sent to Governors & Ratified By 3/4ths State Legislatures of All States:

*Signed By President Joseph R. Biden: 

 

*President’s Signature Is Superfluous And  Has No Legal Effect