united-states us-supreme-court human-rights puerto-rico
Are limiting voting rights to residents of Puerto Rico unconstitutional?
<p>This is something that I have been thinking after the decision from Supreme Court legalizing same-sex marriages. The Supreme Court based its decision on the fact that prohibiting same-sex marriages constitutes a violation of the 14th amendment, because rights were not granted to all US Citizens by equal.</p>

<p>As many of you know, US citizens residing on Puerto Rico do not have the right to vote on federal elections, unless they move and becomes a resident of a state. This is because Puerto Rico is a territory, not a state, and federal voting rights are granted to states. This is true for both citizens that were born on Puerto Rico, and citizens that were born on a state, but decided to move to Puerto Rico.  </p>

<p>My point is, as US Citizens, we have the right to vote and choose the government that leads the nation. This is why I think this is a violation of the 14th amendment, because you are not granting "equal protection of the laws" to all of the US Citizens.</p>

<p>My question is: is this can be considered unconstitutional under the 14th Amendment? </p>

<p>I am not lawyer by any means, so maybe my premise is incorrect.</p>

<p>The constitution "does not confer the franchise [the right to vote for President] on "U.S. citizens" but on "Electors" who are to be "appoint[ed]" by each "State". (Rosa v. United States, 417 F.3d 145 (1st Cir. P.R. 2005))</p>

<p>Thus, since <em>no</em> citizen has the right to vote for President, it isn't the case that Puerto Rico's citizens are being treated differently in this regard. It is just that Puerto Rico has no representatives in the Electoral College.</p>
