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tv   Key Capitol Hill Hearings  CSPAN  March 23, 2016 5:00pm-7:01pm EDT

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now, what i am about to show you is deeply disturbing. i think you must see for yourselves what the palestinians are teaching their children. i want you to see the daily pledge of allegiance of palestinian children. take a look. [speaking in native tongue] >> translator: i am the palestinian child. my toys on the rock.
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>> this is sick. it is inexcusable. that, my friends, that little girl wasn't born hating. she was taught to hate.
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as where thewere the palestinians who murder the american student to enforce and other american citizens in recent months. you have already heard what an impressive young man taylor was. but the presidents movement raised taylor's killer as a hero and martyr. that is not coming from hamas. that is coming from a boss. and now the palestinians will spur even more terrorism while rewarding families of murderers including those in murdered americans with a regular monthly payment. so, the message they send to palestinians is clear. terrorism pays. the chilly.
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-- literally. if the international community wants to advance peace it must demand the palestinians stop poisoning the minds of their children. if the international community wants to advance peace it must address the true core of the conflict, the persistent palestinian refusal to accept the jewish state in any border. so there is bad news, but there is also some good news. while the palestinians are stuck in their refusal to make peace, others are moving forward.
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first, israeli piece agreements with egypt and jordan have weathered many storms. second, increasingly our other neighbors recognize that we have common interests. they understand that we face the same threat from iran and from isi s. now, i can tell you from the perspective of my lifetime, this is an historic change. i believe it offers a unique opportunity to advance peace , and we are working every day to seize that opportunity. ladies and gentlemen, i am
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confident that over time the trend of embracing israel will overcome the trend of maligning israel. because ultimately freedom beats tyranny. and ultimately when vigorously defended, truth these lies. so i believe that israel faces a future promise, that when we stand together come all of us, we can overcome all of the challenges facing us and of these challenges,
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none is greater than the unrelenting aggression of iran. iran remains fully committed to genocide. our genocide. it's leaders loudly, openly, even proudly say and proclaim that their goal is to destroy israel. iran sends deadly weapons to has blonde lebanon, bankrolls hamas and islamic jihad in gaza against us, seeks to open a new terror front on the go on against us and offers thousands of dollars for each palestinian terror attack against us. so here is what i believe. i believe that both those who support the nuclear deal of those who oppose it can
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at the very least work together to stop iranian aggression and terror and hold iran accountable for his transgressions. since the nuclear deal iran has continued to conduct ballistic missile tests in defiance of its international obligations. as you have heard, iran recently fired a ballistic missile with the hebrew inscription painted on it saying, israel must be wiped out. so ladies and gentlemen, the writing is not all. it's on the missile. now, my friends, and arrow
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just like this was shot by a roman shoulder. he was fighting to end jewish independence once and for all. but imperial rome is long gone. and i am speaking to you today from our capital, jerusalem as the prime minister of the reborn jewish state. we have restored our independence. we have restored our capacity to defend ourselves. iran should learn this history. and it should have no illusions, israel will defend itself mightily. against all who seek to
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destroy us. and iran should remember that today it is not only the enemies of the jewish people who have arrows, today the jewish state can defend itself with powerful arrows of our own. take a look. the arrow missile-defense system is the product of american and israelis working together, so i want to say again that all of you , thank you america, america, thank you aipac -- aipac, thank you for helping secure our common future and a happy pouring to all of you.
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thank you. >> house speaker paul ryan calling for loftier and more hopeful politics amid an ugly and chaotic presidential campaign. writing the wisconsin republican told an audience on capitol hill that it is easy to get disheartened about the state of politics. but he says, it did not used to be this bad, and it does not have to be this way. his remarks came today at an event where he took questions from interns. they will show you that tonight at 8:00 o'clock eastern. and book tv in prime time looking at recent books on disease and medical care. the death of cancer followed by the untold story of psychiatry.
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>> the 22nd annual virginia festival of the book starting saturday at noon eastern. author bruce hillman discusses his book the man who stocked einstein. then saturday evening at seven patricia bell scott on her book the firebrand in the 1st lady portrait of a friendship. the struggle for social justice. the book explores the relationship, cofounder of the national organization of women and first lady eleanor roosevelt. speak with author and historian at roosevelt house in new york city.
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on sunday more from the virginia festival of the book including kelly carlin, george carlin's daughter. then sunday night at nine afterwards with nancy cohen. looking at female political leaders in the advances they are making in the political arena, interview by kim as a really, chair and cofounder of avon global center for women injustice. >> for a woman to be at the head of the most powerful country in the world when one of our key allies does not allow women to drive in our most significant enemy at this time is literally executing women and girls simply for being women and girls, i think this sends a powerful message about what america stands for.
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>> started for the complete weekend schedule. >> american universities washington college of law hosted a discussion with legal scholars, the puerto rican political status. would like to welcome you joining us virtually. thank you for joining us today for public that a political status.
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the impact each option puerto rico versus sanchez bias. the panelists will also discuss the impact of these decisions on puerto rico. we are fortunate to have a panel of legal scholars and politicians. i'm pleased to introduce hernandes.
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he received his jd in is the executive director of the joint committee for the penal code and criminal law reform. >> good morning. i am honored to be standing here before all the want to
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express my gratitude. being available to partner. thank you for making this a possibility and reality. i also want to thank the cosponsors for this event. in the statement of purpose that they have to write in the admissions process i wrote many words that resonate. i believei believe that if a country faces diverse situations the only way to solve such issues as by the citizens voicing out their opinions. as all kinds of opinions sort through the country more people are the problems and solutions. this is what the form is
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about. they are gathered here among politicians, scholars, citizens join the future legal minds and people of the press to join the discussion about the puerto rican financial situation of the long-standing debate of the legal status with the desire to contribute solutions. the panelists who will provide the knowledge in this discussion, professor charles santiago holds a phd in political science from the university of massachusetts, associate professor of the university of connecticut where he holds an appointment in the department of political science. he will provide us with a historical review about puerto rico.
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>> founder of we the people project, civil rights attorney committed to achieving equal rights for americans living in us territories. he is an associate. specializes in political off for nonprofit organizations. holds a bachelors degree in engineering from the university of puerto rico and phd from cornell. the former candidate, and currently one from the new progressive party.
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the house of representatives since 2006. an accomplice legal scholar today we contribute to the discussion professor, holds a bachelors degree from the college of holy cross. one of the leading scholars in puerto rico.
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today he will provide to this discussion legal knowledge. serving as respondent to the panel is professor romero. a bachelors degree in labor relations, i jewish doctorate degree and in audible, currently serving and is an associate professor. a discussionill commence with a historical overview provided by professor san diego. >> thank you for having me. it is squeeze over hundred years of history and ten minutes. i think it is important to
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clarify where i am coming from. one says that -- and this is the position adopted, he began to write and public art -- publish articles in the supreme court picked up the arguments and created a doctrine which has governed the relationship since 1901. i subscribe to a different interpretation which has an outcome. the us military and war department crafted a territorial status, and they normalize the status. the logic and seal of approval. i want to clarify that. the story is anchored more
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in thinking about the relationship as a strategic one. okay. notwithstanding, it is clear the united states has created or used a discriminatory contradictory at times double standard and politics to govern the island and its inhabitants. my contention is before 1898 there were two traditions of expansionism and these are the colonial and imperialist position.
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once the territory is colonized with needed on the same footing. constitutional source of power was the territories loss. it is possible to argue the citizenship clause was applicable on territories. applied to territories in the same way as it did the states. the imperialist tradition sometimes treated as foreign and domestic sense.
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tantamount to birth outside of the united states, the children of citizens born outside can only apply to the citizenship by statute. territories located outside of the us. so in the 1890s or late 1880s 1880s the united states military begins to develop a new theory generally known as naval is a inspiring or corrupt the work and the idea was to occupy or annexed territory to create military bases
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throughout the world. i was in a territories to be annexed to create a buffer zone that would enable the united states to join the club of global empires and establish a sort of protective buffer ne that could prevent other empires from attacking the united states done for military and strategic purposes. the challenge is how to occupy territory permanently without being bound by the constitutional precedents. so the military drafted and began to conceptualize new policy which becomes the doctrine of territorial incorporation. in the case of puerto rico or in the case of the united states and the war of 1898 this is happening at the heels of an elect oral and partisan realignment that takes place in the late 1890s, particularly 1896
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where northern industrialists republicans seize control of the republican party in congress and what we see is a realignment of ideologies that begins to take control of the congress and the presidency. this has been described as a large policy expansion and later as part of a 3rd view type of expansionism, but a progressive group of republicans seized control and began to use the power to engage in a new type of expansionism. the link to a new type of territorial law and policy. okay. as we know, puerto rico is seated or annexed under the terms of the treaty of paris the united states and installs a two-year military dictatorship are constitutional dictatorship after the cessation of hostilities in their design
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to craft a particular type of territorial government that would not be bound and at the same time would be flexible enough to be incorporated or absorbed in a way that was beneficial to the us military command the idea was to acquire strategically located territory with a kid defend new foreign-policy. the military key actor in the case of puerto rico would be brigadier general george davis who essentially goes and then crafts a local policy and makes recommendations to congress within normalize policies. this act among many things included five key policies. first imposing a tariff
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effectively treating as a foreign country, but the idea was that puerto rico could be treated as aa foreign country for constitutional purposes all remaining domestic for international purposes which is clear and legislative debates. it affirmed institutions, and other words they grabbed recommendations and codify them in the law. the bill does not contain a clear bill of rights. however section eight establish the rights granted would become essentially the rights available to citizens. in addition it invented a new territorial nationalities. and there is some debate later, but the idea is that will be a puerto rican
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citizen, you either naturalize or birthright citizen. some people talk about citizenship, but that is a statutory interpretation. under the terms persons born in puerto rico would become puerto rican citizens barred from retaining citizenship. in addition there was an imposition of presidentially selected governor and council assigned to manage the affairs of the island and be in place for a while. again, depending on who and how one reads history series of supreme court cases the ends of the 19 hundreds and spend to the present with the basic set of cases that would define the territorial status were 1st introduced
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in 1901 and more specifically in this particular case issued by justice edward d white. if you read the decision carefully he is clear that the interpretation is affirming themilitary logic for the purposes of creating strategically located basis. the effect however is to create what would later be known as the doctrine of territorial incorporation. five elements come out of that. rejecting the colonial and imperialist territorial interpretations and selectively them combined elements of both. congress field and then expended power over puerto rico and other territories, neither the treaty nor the act incorporated puerto rico
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.. >> >> but it's not something could be used to check the power of congress. in the united states could support to their location in the domestic constitutional sense in domestic for international purposes. --. but the court adopted it
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ended becomes ingrained with jurisprudence. okay. just a couple more arguments. congress amends the act on several occasions and essentially gave the local government elected power over the islands budget. in with a limited bill of rights. the governor of 1840's seven is essentially select their local governor ended 1852 allowed them to draft a constitution and take control of the island's government but the problem is that but to affirm that
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expense of the economists status of the island while affirming the territory's status of the eyelids so while we have seen is the president of the contradictory policies while simultaneously claiming that pueto rico is a territory of this debate has not been clarified. they have never chosen to enact legislation with that finding opportunity in depending and how we count them and enacted by the state and local legislature there is no clear majority
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where the majority of puerto ricans have decided their status but we can talk about those questions and jurisprudence. i am not a time. -- out of time. [applause] >> please join a the conversation to explain the constitution. >> dead is a tremendous introduction and. and as we leave that to those oral arguments i have been asked to talk about and
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then considering all the cases in the pipeline but still i like to give an introduction of the selfie and where i am coming from. founder of the of people project. with nearly 5 million americans. and with the impact litigation and we don't take up positions non-political status with this statehood and common-law supporters. does those legal and
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constitutional case. but the first one with the application of the double jeopardy clause. whether a recent law of a public utilities from federal vagrancy lot. more broadly to seek judicial recognition of the constitution of corresponding federal law. and for better or worse the the existential moment franklin is also the existential moment but with respect to their potential and economic liability. the stakes could not be
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higher and also across the street in congress are they are currently taking place to recognize that conversation is ongoing with the legal issues to be discussed. next several talk about cases in the pipeline including the united states one case i am currently litigating in the supreme court and refiled the petition last month in rio are seeking to reverse the circuit decision to hold that congress has the power to turn citizenship on and off but the case involves american samoa. and with a historical opportunity that the cases are themselves.
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but the district court relies on a similar expansive interpretation with the most recent decision to recognize a fundamental right to marriage equality because it was the unincorporated territory. and also a new federal voting rights case refile the last year on behalf of the plaintiffs of pueto rico and lawman of virgin islands they could vote in september or any foreign country but they can't there in these territories. so the case is whether pueto rico are separate sovereigns for the case of double jeopardy. puerto ricans charged illegal sale of arms while
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the up prosecution was attending both were convicted by a federal offense from the same conduct. with the dismissal on double jeopardy grounds they dismiss the charges say the criminal laws of pueto rico have the same power as the federal law under the visible above double jeopardy. the court of appeals reversed the decision holding that pueto rico is a sovereign from double jeopardy to adopt its own constitution in 1952 of course, the supreme court reversed that decision. because the power to adopt a conversation dual sovereignty does not apply to p.r.. -- pueto rico and a switch to the commonwealth status a
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lot of people thought that this would be a final judgment on some of the issues. they granted certiorari. and if you look at the arguments presented you can see some of those political status overtones find a human center that it began by saying this is the most important case of the constitutional relationship between the united states and pueto rico since the establishment of the commonwealth. in the court granting the case is now looking at the case. into bite off more than they can shoot.
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and the puerto ricans position really is to arguments. that they change in 1950 to post 1952 was a duel sovereign also there was an argument with the series of supreme court cases with a cause lies separate sovereignty for indian tribes it a similar way that u.s. territories are. and the final argument is the rwanda received the most attention especially justice beyer who saw that to rule in favor of pueto rico while still with these political status.
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and they seemed skeptical of this view with the position of the united states and the defendants which is 1952 did not lead to any fundamental status that they said explicitly that pueto rico remains a territory under the sovereignty of the united states and subject to the authority of the united states for about in those positions of oral argument were certainly the most forceful with a rebuke of the idea of a commonwealth status that the government has ever made. moving on, ed the issue is
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whether the law that allows restructuring is pre-empted by a federal bankruptcy law. is the nitty gritty of fell bob but to give some background, as most of you know, they're currently facing a massive debt crisis in the increasing inability to meet its obligations. one of the biggest debtors is of puerto ricans electric power authority which holds approximately $9 billion of debt and under federal law pueto rico may not authorize the municipalities are utilities to seek federal pay grips a relief under the bankruptcy code. responding to this into
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without the debt enforcement recovery act that established a mechanism to restructure the debt obligation. a group of mutual funds and to file a lawsuit to argue they were pre-empted under federal law. and affirmed the district court's ruling one especially under pre-emption under the federal tax rate the judge filed the current opinion to agree that the recovery act was slanted
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also addressing the broader issue if the exclusion from chapter nine is constitutional and he argues that it is not in some of those other issues that are under the surface. to petition in the supreme court and of course, the oral argument is tomorrow. they argue in the case the recovery act of the federal bankruptcy law. is presented the argument to deny a the benefits of chapter nine while putting it in the no-man's land. end of the fourth argument in response to the debt holders to rely on those
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same arguments that it is especially pre-empted added has taken over the field in this area. it to see the oral argument and with justice scalia's passing but justice alito has also recused himself but families there are seven floor votes could decide the case which is the same number as search your raid that puts this case and a different position and we will see how that plays out tomorrow. and they both highlighted the challenges and a lot of ways between a rock and a
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hard place. and for that recognition that is based on the fallacy. to separately prosecute defendants and this could have far reaching impact for its own criminal justice system. it seems to go all in for the court had while a defeat could prove existential and also provide supporters much-needed clarity for a new path forward. it highlights the cost of the undemocratic relationship to the federal government the decision was that it should seek the
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answers from congress of course, it would help to contribute in the first place. is anything the action of congress will tighten the grip on pueto rico. i will move along but briefly we have the case before the supreme court on petition we're waiting for the u.s. government response for the academics and other governors. is among the council for merciless the third general.
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and then putting those together before the supreme court in to show that interest is to address those issues of citizenship. and to provide an opportunity to read consort -- reconsider the doctor and. and those born in and solve all of us of american national but not as a citizen has the same status as of today time prior to the jones act. that people born on sovereign soil have the right and that is the argument. very quickly the district
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court relied on the same broad expansive applications that it sweeps so broadly to bring in any constitutional question addressing pueto rico and other areas with that regard. so this is the decision upheld by the first circuit but there could be other instances for the first circuit to save some good things of the relationship. [applause] >> banks for the overview. and for your analysis of the impact they will have.
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>> thank you very much. one of the guest speakers this is the first time that i share my views. and to serve pueto rico and run for office. in 1898 and in to end the
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spanish-american war. since then pueto rico is the u.s. territories is the ahmadinejad with the u.s. citizenship and with 3.5 million people. and with that governor of pueto rico ended 1947 rather than appointed.
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and now has litigated to pueto rico it does not alter the status. and to appoint the governor from the u.s. mainland. by allowing pueto rico to elect its own governor. there were six members of the committee the first elected governor.
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in the government would raise the issue with the appointed governor to be unattended because the elected governor would be in chargeith the affairs of the island. and of the me of the committee for the economic development. and of course, these measures were never implemented.
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something not decided by the puerto ricans but from the politicians then. >> with the secretary would allow those consequences of the united states is pueto rico antisense come i think i am correct to say the sovereignty of pueto rico of the solvency of the government of pueto rico in this statement so talk about
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the case whose full sovereignty the view shared by 80 administration and. iran and the government of pueto rico. and that is a u.s. territory subject to the authority of congress. unless it becomes a state or a sovereign nation. as a territory is not arrange for purposes from the united states constitution.
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so be traded the lead states pueto rico and with those leaders to decide that the pueto rico the government. >> and now according to the
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dreaded states billions through 2014. and the search concludes it they can move to a your core florida. once they take up residence in the mainland it is the right for equal treatment under the law. is then though lower household income.
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and that 40,000 the year 2014 higher then the rate of any u.s. state. i sent from my life to hear that pueto rico is before them the poorest state. despite this with the same
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health care the same roads and you have to be complied and cannot have assumption. as for the water in the waste disposal it and the facilities. with a cost that it entails. and to have the full representation in congress. but more importantly american citizens throughout the state's.
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to rely on the status of the market. to explain why and how in pueto rico as a territory to find the highway bill. with that infrastructure is to promote the economic development. into a that funding for a
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structure in and the example of 75% finance i know it is a diffident ended is about 3% and as long as they have their share of the cost. approximately 1,700 more. about 75%.
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in telling us how it would absorb for what is available and then neglected to read you have to adjust those defenses.
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ergo those expenditures and with that the economy. and with that opportunity knowing well ted once elected and then the spiral of the action. in those of the public finances.
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end with the crisis but also pueto rico is the only place in the country. with the private sector but at the same time to have them lack of transparency. that net effect it is bad
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for the economy to approach the catastrophic collapse. >> and also with the market's but to announce they cannot pay the savings
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but today pueto rico lives in the very uncertain time. isn't to be a lender the prevailing in the senate-house -- investment investment, en route makes the worst end mitt the national allegiance during the crisis so rodrigo from here?
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but pueto rico rise above there sovereignty over pueto rico in that it is still a state and was free from state and in 1888. but then with wall street congress and the secretary of france failed.
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david those prices. n deal the way had of this mess for the administration to have a member of congress to work together so the self-serving expectations with pueto rico. assuming the share of possibilities. what the with those
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financial institutions than the rules for each of these will follow. i support these rules.
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that is why pueto rico needs a conservative and we're not looking for handouts.
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and get the best-- are ahead of us. but now it is time for congress to demonstrate and that would make it even stronger. faq very much. [applause] this. >> thing is for providing the perspective.
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this is the most urgent issue of the secretariat of the treasury is facing eight humanitarian crisis. face a moral and ethical crisis. of these political implications over the course of the last year with congress in the supreme court.
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but the fact remains pueto rico has the $69 billion debt with those economic conditions when the court decides the case is with the
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survival or not to for decades to have a worker robert to set the policy of of p.r. but the fact of the matter is there an issue in the legal concept which the territory of the united states. that statement itself it
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doesn't talk about inc. but that was say construct of the supreme court of the dead is states. it is very important for the general assembly for the party to get caught up in those quarters -- puerto ricans politics but now we
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have all three branches of the political system. into sight members of the executive and from the constitution. in the federal government and with the supreme court and less intervention as possible.
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of the bagel relationship of pueto rico this described as leadership in the nature of the compact. the last 20 or 25 years. with section 936 of the internal revenue code. manager is this that since december of last year with the government of the united states that it was not
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required to file. of the burden of p.r. -- pueto rico the sovereignty of the united states and as such it is part of the structure that i represent of the judicial branch. it is just a mere extension but i have to ruth gave you the facts because that is the use with the department of justice. that has implications moving forward.
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pueto rico has a $69 billion debt the general obligation debt and then basically get with those political branches. even before the governor said it. and with those legal circumstances we have paid $4 million payment coming to in july.
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the problem to try to fashion a short-term solution now. we have to understand rissole though in both of those cases. so every hearing over the
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last eight months soever they think is correct can we except a future or fashion and a future or see this authority under congress? but in the short term we must understand the administration has chosen not to do specific actions and the people have been
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asking. attitude set the rules with the pavements of may and july.
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went with the space and broadly read should have been i would rather have the money used with the decisions involve hospitals to pay for the social workers industrial abuse cases. and that is what the people expect. and the sales tax holders
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and hopefully we can fashion some sort. >> i don't want to predict the future then there is some consequence for pueto rico agent united states.
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it to bid at the center of the government ended has narrow sovereignty and with the government of pueto rico for what many trial light -- lawyers advise their clients.
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>> if congress does not act if they don't act in that way is offensive to end it is morally wrong because that would mean every 89 are put to into jeopardy with $0.50 on the dollar. and with that legislation but i suspect there will be
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many others is not fiscal control in to be fighting against that there is the zero congressional action we should consider legislating if nothing else happens we have zero b.c. this course of action and then what
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helped us to achieve. but in the end this is a good deal for everyone. a look among the creditors. and while they get to was. to make sure the government debt of pueto rico and the only way it will comply with its obligation and guests to a the creditors. so what they should do is
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apply a very popular refrain. they should give them some wiggle room and a couple of minutes are a couple of hours. . and then once the economy is strong and they will be longing for everything. that is what we should do in
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the short term. as long as puerto rico remains under the plenary power -- plenary powers puerto rico will be unable to construct a fashion the future. in order for the united states to move its ethical obligations or puerto rico and in order to fashion something that is good for them, good for creditors to make up for puerto rico, the united states congress is going to have to face the fact that it needs to offer puerto rico or non- territorial options that it is willing to negotiate with them. if that is independence only, and it independence only. if it is sovereign and fellow negotiation or commonwealth, then that is what it is.
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they need to recognize there are only three options, having these situations which they can set rules, have some people is no longer tenable. so what congress needs to do in this administration, to offer puerto rico a non- territorial alternative. advocates of independence, my party, the popular democratic party must recognize what the dr. said and stated they announced his candidacy of the last days of december when he stated his vision had to be
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non- colonial and non- territorial. the aspirations of being partners with the united states and actors in the world community for puerto rico is to have a real compact outside the territorial clause which recognizes the sovereignty of the people of puerto rico to rule themselves command over themselves with a measure of justice and governing ourselves we also exercise the right through mutually beneficial outside the plenary powers in the plenary authority of congress. so my proposal right now is fashion a short term partnership, help us meet the may 1st deadline with a meaningful proposal for congress or the executives
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or puerto rico will have to walk the walk and talk the talk by itself. making sure quality of services are not destroyed in making sure that survives i am all for them earning your money back and making a profit, but it has to be a fair one and not made by mid- breaking the back of the people of puerto rico. [applause] >> with the professor please come up to the podium?
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>> good morning, ladies and gentlemen. thank you for the invitation to be part of this panel to share some ideas. a critical movement that will require and historical turning point. some of you in the audience might be unfamiliar with the historical background and legal framework which characterizes the relations between the united states and the territories. it is a well-kept secret. territories are simply absent from the canada study in american law schools. let me begin for your benefit with some historical questions, how would you feel, those of you who don't live in puerto rico, while living in a place in which
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you are able to vote for governor, local legislator, mayor, but not for president might send your sons off to war or for any voting member of the congress despite the fact that the laws approved by that congress apply in place you live and where there is a federal court which is eggs to have judges designated by a president you may not elect a confirmed by a senate in which you don't have even nominal participation, absolutely nothing to say. that seems to contradict the fundamental principle of the declaration of independence of this country the government'sgovernment is instituted among men driving just powers from the consent of the governed. that is what we interviewed in puerto rico. for more than half of its constitutional history the
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united states has maintained a colony puerto rico. latin american nation and the sounding values. and how will they reap the benefits well, you should know for several years now puerto rico has fallen to a recession or depression of major proportions. the best of two worlds, but
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now it seems to be the worst of all. after a couple of decades of economic growth what has a population under the poverty level. world distribution, income distribution have widened. one half of that of the poor state. close to one half of our youth never graduate, crime is rampant in my government corruption is enthroned. government obligations have been degraded to junk. the government is bankrupt, texas his sword. the very lowest in the hemisphere and one of the
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lowest in the world. how did this come about? we will have to go back in time to see the future. back in 1787 the founders included a brief granting congress will authority over the land to the west of the original states and all the way to the mississippi. it was the northwest territory thing congress shall have the power to dispose of may called rules and regulations. the property clause which granted a federal government title. congress exercised its other power. beginning with the louisiana purchase and the acquisition of florida from spain.
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in 1828 the supreme court reinterpreted the territory clause not only granting congress property rights but sovereignty to govern the inhabitants and everything within its borders. that was a scene for territorial expansion all the way to the pacific and beyond. eventually admitted as one of the united states and enjoy the same rights as the citizens of several states. temporarily governed by congress until admission to statehood could be justified sufficient population.
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the core values embodied in the american form of government in 1898 the united states acquired three new territories. also different from those motivated previous annexations. the spanish-american war serve the political objectives. it also served economic objectives, sources of materials, i'm told export markets and geopolitical strategic objectives to
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compete with japan, asia, and in the caribbean to set the stage for an enter oceanic canal which was also on the agenda. sovereignty over the philippines one in puerto rico. the different political economic and strategic motivations the treaty of paris states quite gracefully the rights of the inhabitants were to be attended by congress. the debate started which is already been mentioned of what to do. the harvard law review in 1899 participation of the
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people in the government, but is populated by inferior races incapable of kroll civilized government. they could not be part of the american people and have to be relinquished as soon as possible. on the imperialistic side of the debate it was argued they could have mired new lands. territorial clause with no limits. the us can acquire and rule new territories, but a new territory is not part of the united states unless that is the will of the congress. the rank of constitutional document.
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they belonged to but are not part of the united states and can be ruled by congress with minimal limitations. congress may determine. only those that secure fundamental rights. live. congress of course may also decide a federal law will apply or not the territory. requiring shipping was being us ships, applied to puerto rico. considerably more expensive. on the other hand, the supplemental security income does not apply which is close to half of the population. now does obama care?
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but of course. puerto rico municipalities in public corporations may not have access to bankruptcy proceedings under federal law because congress decided to exclude puerto rico from the obligation of that aspect of bankruptcy law. in 1950 public law 600 was authorized. ratified by the people of puerto rico and approved by the president and congress which eliminated economic, economic, social, and cultural rights and modified of the provisions. the legislative history shows the purpose of congress is to obtain consent to the existing territorial regime in order to respond to international pressures of the united nations which require annual reports on steps taken to decolonize under the obligations assumed under the un charter. in fact, except compliance.
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after that the government tried to advance the idea. reports issued state the statements made had no legal import. the puerto rico is not an unincorporated territory and congress may repeal any law banning powers of self-government any territory and seed puerto rico to another nation. more recently the solicitor general presented amicus brief in the case pending the supreme court and the assistant solicitor general argued orally the same thing. puerto rico is it going
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calibrated territory lacking sovereignty and invoke jeopardy processing subsequently. the same situation arises in the state, double jeopardy cannot be involved. the congress of course shares the same opinion. the current fiscal crisis has prompted several pieces of legislation, measured to exclude puerto rico is simply out of the question. another bill to allow municipalities in public corporations to restructure debts and reorganization proceedings also seems out of the question. the idea most probably will be adopted in some form or another, fiscal control board. approval and implementation.
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precisely the territorial regime which maintains the country in a straitjacket without access to economic strategies and financial instruments available. the oral argument that is to be held tomorrow in the case in which the federal courts have decided that congress preempted the law aimed at filling the gap from the possibility of bankruptcy proceedings. all parties argue from the same fundamental premise, the exclusion of the territory from the application as an exercise in plenary power regardless
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of the final result the problem will not have been resolved because the root of the problem is structural. the territorial state maintains puerto rico and unsustainable position. dependence on the political processes of the government govern the executive and federal courts from which the people of puerto rico have been excluded. should puerto rico have authority to renegotiate public debt? of course. but it should not do it from the position of political subordination and economic independence imposed by the regime, any decision of the supreme court or any legislation passed by congress and the pres. president of allowing bankruptcy proceedings on the colonial mcmenamy of the fiscal control board which might be a temporary aid to stabilize the patient but it
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is no cure for the disease which continues to fester. any serious attempt to solve the problems has to address the colonial nature of the territorial relationship. everything that has been said today has been going on over the course of the last half-century, growing consensus regarding the right at all people. resolutions of the general assembly, the norm of customary law, the two most incorporate -- important have recognize the right of all peoples and the affirmative obligation of states parties to promote the reallocation of the right. the united states is bound
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by the right of self-determination. according to the supreme court, signing and ratifying , therefore the rights of self-determination is part of the supreme law of the land of this country according to the constitution despite the oxymoronic declaration approved by the senate to consider the covenant to the effect of the substance provisions of the instrument they were approving whereas self-executing. it has the force of law because they cannot force congress to pass law compliant legal obligation. the united states maintains several territories under plenary power, peoples of the territories have not been allowed to exercise the right to self-determination. in athe case of puerto rico the people have rejected the territorial relations.
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the constitutional law that evolves during the 1st half of the 20th century is now in conflict with the international obligations which the united states assumed during the 2nd half of the 20th century. the time has come for the contradiction to be resolved. what has to be done? first, congress should assist -- congress should dispose and secondly adopt legislation to comply with the legal obligation to facilitate the process. that ought to include other measures legislative and executive to pave the way for true self-determination such as liberating political prisoners.
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and congress must make clear alternatives compatible with the interests of the united states. needless to say the options can include the territorial regime which is the cause of the problem. one of the options to be the admission of puerto rico as estate. congress must decide if it is going to make that option available the admission of 37 states. it should state clearly whether it is willing to admit a latin american nation and the union. another option should be a treaty of free association similar to those already existing and several island communities of the pacific to small be liable independent nations. the 3rd option of course
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is the recognition of foreign dependence such as in the philippines. in the establishment of the new relations based on the treaty of friendship and cooperation between the two nations. puerto rico would be free to pursue economic development unhindered by federal imitations. free to establish productive relations with other nations including the us which would benefit more from a prosperous and free puerto rico then from a bankrupt colony through a careful, mutually convenient and viable economic transition. the recent experience illustrates what puerto rico could she was an independent nation. a dramatic example is panama after result is colonial problem with rates of growth
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between 711 percent which is extremely dramatic. in closing, let me recall the words of justice harlan in his dissent. one of the 1st. the idea that this country may acquire territories by conquest or treaty and hold the mesmeric colonies or provinces is wholly inconsistent with the spirit ingenious as well as with the words of the constitution. it has been said, i add, colonialism denigrates the colonized but it also demeans the colonizer. the time has come to turn a page of history, to build the future of respect and dignity.
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i thank you for paying attention. [applause] >> thank you, prof., for your words. i now ask the professor to respond to what has been said in the panel today. you may ask questions of the panelists. >> good afternoon to everyone and thank you for the invitation and thank you to the university of puerto rico. i think i have questions i would like to put forward.
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maybe we can have these questions put forward and have them after i finish my part felt like to put these forward 1st. it is not the actual crisis in puerto rico refusing negotiation leading to puerto rico's annexation. household and per capita income are dramatically lower than those in mississippi. so puerto rico will be a poor state of the union and the most dependent on federal economic assistance, and the 2nd is, how will of free association arrangement between puerto rico are in the united states be viable and acceptable for the united states since in the past the united states has entered an arrangement similar to that with other countries which overall population added one to the other.
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in the 3rd question, it is not independence contrary to the new global dependency of nationstates to engage in new and comprehensive international agreements through which more and more integration is made in terms of economy, defense, security, and actually delegation of authority centralized entity not independent under the new developments of international? so i think that several facts and conclusions so far , stipulated, puerto rico was acquired by the end of the spanish cuban-american more.
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second, since then then up to these have exercised plenary powers of her puerto rico under article four section three. and forth and not incorporation was developed by several articles published by the harvard law review and the dr. discussed with the building blocks that later the supreme court used in the so-called insular cases they constitutionalize the actual relationship between the us and puerto rico.
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those are situations that can be underlined according to what the panelists said before. but i would like to return to the treaty. particularly the interaction. puerto rico belongs to but is not part of the united states. in that was given by the supreme court with territories acquired. provided puerto rico was acquired by the united states, the political status of the inhabitants proceeding shall be determined by congress, and it was the emperor's iceman of that position


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