Statehood Vs. Territory: the Legal Truth Behind the 50 United States
By Elena Rostova
Q1: Are people born in Puerto Rico, Guam, and the US Virgin Islands full American citizens?
A1: Yes. Anyone born in Puerto Rico, Guam, the U.S. Virgin Islands, or the Northern Mariana Islands is a natural-born United States citizen by federal statute. They carry full American passports and can move, work, and vote in elections without restriction anywhere inside the 50 states. However, while residing within those territories, they cannot cast ballots for the U.S. President and lack voting delegates on the floor of the U.S. House of Representatives.
Q2: Why is American Samoa different from other US territories regarding citizenship?
A2: American Samoa was acquired through historic deeds of cession around 1900 rather than an Organic Act passed by Congress. Congress never enacted statutory birthright citizenship for the territory. Residents are designated as non-citizen U.S. nationals. This structure protects the island's traditional customary government and ancestral land-distribution laws, which might run afoul of the Fourteenth Amendment's Equal Protection Clause if fully incorporated.
Q3: Does Puerto Rico pay federal taxes if it is not a state?
A3: Most individual residents in Puerto Rico do not pay federal personal income tax on income earned within the island. However, they pay federal payroll taxes (Social Security and Medicare), federal import tariffs, commodity taxes, and estate duties. Corporations based in Puerto Rico face specialized federal corporate tax rules.
Q4: Can Congress admit a new state through a simple majority vote?
A4: Under Article IV of the Constitution, Congress can pass an admissions act via simple majority in both the House and the Senate, followed by the President's signature. In practice, the Senate's current 60-vote filibuster rule means an admissions bill requires a supermajority to overcome procedural holds, unless the Senate carves out a specific filibuster exemption for statehood admissions.
Elena Rostova holds a Master's degree in Public Health Journalism. She covers groundbreaking medical research, holistic wellness trends, mental health awareness, and nutritional science.
