Puerto Rican citizenship
In 1994, Puerto Rican activist Juan Mari Brás flew to Venezuela and renounced his US citizenship before a consular agent in the US Embassy in Caracas. Mari Brás, through his renunciation of U.S. citizenship, sought to redefine Section VII as a source of law that recognized a Puerto Rican nationality separate from that of the United States. In December 1995, his denaturalization was confirmed by the US State Department. Among the arguments that ensued over his action was whether he would now be able to vote in elections in Puerto Rico. On November 18, 1997, the Supreme Court of Puerto Rico through its ruling in "Miriam J. Ramirez de Ferrer v. Juan Mari Brás" reaffirmed the Puerto Rican citizenship by ruling that U.S. citizenship was not a requirement to vote in Puerto Rico. According to the court's majority opinion, the Puerto Rican citizenship is recognized several times in the Puerto Rican constitution including section 5 of article III, section 3 of article IV, and section 9 of article V. In a 2006 memorandum, the Secretary of Justice of Puerto Rico concluded, based on the Mari Brás case, that the Puerto Rican citizenship is "separate and different" from the United States citizenship.
Insular Cases
In 1898, the United States signed the Treaty of Paris (entered into force April 11, 1899), which ended the Spanish–American War and granted the United States the Philippines, Puerto Rico, and Guam. Additionally, Cuba remained under the jurisdiction of the United States Military Government until its independence on May 20, 1902. Since there was nothing in the United States Constitution about governing newly acquired territories, the government used the guideline from Title IX of the Treaty of Paris. Those that were born in Spain but living in one of the territories, peninsulares, “could retain their Spanish citizenship,” or even eventually have the option to become United States citizens. Title IX of the Treaty of Paris did not grant the same rights to the indigenous population. Edguardo Melendez writes, “Puerto Ricans and Filipinos-- ‘the natives of the islands’-- not only remained colonial subjects but became stateless peoples too: they were denied the right to keep their Spanish citizenship, as well as their right to become U.S. citizens.”