Puerto Rico Constitution Article VI - General Provisions
Puerto Rico Constitution – Article VI: General Provisions – Summary
Article VI of the Constitution of the Commonwealth of Puerto Rico lays out various general provisions that govern the legal and administrative operations of the territory. These provisions address public finance, official oaths, the supremacy of the Constitution, and more.
Here is a section-by-section summary of Article VI – General Provisions:
🔹 Section 1 – Supremacy Clause
The Constitution of Puerto Rico is the supreme law of the Commonwealth.
All laws must conform to this Constitution, as well as to the Constitution of the United States, its laws, and treaties.
In case of conflict, U.S. federal law prevails.
🔹 Section 2 – Oath of Office
All public officers must take an oath or affirmation to support the Constitution of Puerto Rico and the U.S. Constitution before taking office.
🔹 Section 3 – Continuity of Government
Ensures that laws, courts, and public institutions from before the Constitution remain valid unless changed.
Prevents disruption in governance after the Constitution’s adoption in 1952.
🔹 Section 4 – Debt Limitations
The government cannot borrow money beyond specific limits:
Total debt cannot exceed 15% of average annual revenues.
Loans must be backed by appropriations or laws with a specific repayment method.
Aims to ensure fiscal responsibility.
🔹 Section 5 – Budget Requirements
The Governor must submit a balanced budget each year.
Appropriations may not exceed estimated revenues.
Ensures sound financial planning and prevents deficit spending.
🔹 Section 6 – Priorities for Public Spending
If resources are insufficient, the following priorities must be funded in this order:
Public debt service (repayment of loans and bonds)
Salaries for government employees
Public health, education, and welfare programs
Other government obligations
This section emphasizes constitutional priority for debt repayment, which has become critical in Puerto Rico’s financial crisis.
🔹 Section 7 – Appropriations and Transfers
No money may be withdrawn from the Treasury except by law.
Transfers between government agencies or purposes must be authorized by law.
Promotes legislative oversight and accountability.
🔹 Section 8 – Auditing
Establishes the Office of the Comptroller of Puerto Rico, responsible for auditing public funds.
The Comptroller is appointed for a 10-year term.
Ensures transparency and proper use of public resources.
🔹 Section 9 – Public Property and Natural Resources
All natural resources and public lands are public property and managed by law for the benefit of the people.
Promotes conservation and sustainable use of resources.
🔹 Section 10 – Governmental Immunity
The Commonwealth, like the states in the U.S., waives sovereign immunity only when expressly authorized by law.
Individuals can sue the government only if a law allows it.
🔹 Section 11 – Definition of Laws
Defines that all laws must be enacted in accordance with constitutional processes and clearly state their intent.
✅ Key Takeaways
Supremacy and Alignment: Puerto Rico’s laws must align with the U.S. Constitution and federal law.
Fiscal Discipline: Debt limits, spending priorities, and a requirement for a balanced budget.
Transparency: Public auditing and control of expenditures.
Natural Resource Protection: Public ownership and management of Puerto Rico's natural assets.
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