commonwealth puerto rico sanchez valle et argued january decided june respondents luis sánchez valle jaime gómez vázquez sold gun undercover police officer puerto rican prosecutors indicted illegally selling firearms violation puerto rico arms act charges pending federal grand juries also indicted based transactions violations analogous gun trafficking statutes defendants pleaded guilty federal charges moved dismiss pending commonwealth charges double jeopardy grounds trial case dismissed charges rejecting prosecutors arguments puerto rico separate sovereigns double jeopardy purposes bring successive prosecutions defendant puerto rico appeals consolidated cases reversed puerto rico granted review held line trial puerto rico gun sale prosecutions violated double jeopardy clause held double jeopardy clause bars puerto rico successively prosecuting single person conduct equivalent criminal laws pp ordinarily person prosecuted twice offense doctrine double jeopardy clause bar successive prosecutions brought separate sovereigns see lanza yet sovereignty context bear ordinary meaning examine extent control one prosecuting entity wields degree entity exercises government particular ability enact enforce criminal laws rather test hinges single criterion ultimate source power undergirding respective prosecutions wheeler two entities derive power punish independent sources may bring successive prosecutions conversely entities draw power ultimate source may approach separate sovereigns federal government one another rely authority originally belonging admission union preserved tenth amendment state prosecutions roots inherent sovereignty unconnected congress heath alabama similar reasons indian tribes also count separate sovereigns tribe power punish union tribal prosecution like state attributable way delegation federal authority wheeler conversely municipality count sovereign distinct state receives power first instance state see waller florida pertinent concluded early century territories including earlier incarnation puerto rico sovereigns distinct grafton reasoned territorial federal laws creations emanating sovereignty puerto rico shell federal territorial prosecutors derive powers independent sources authority pp grafton shell decisions control century puerto rico became new kind political entity still closely associated governed accordance exercising constitution magnitude change requires consideration question anew yet result reached given historical test applied ends going back far doctrine demands ultimate source puerto rico prosecutorial power reveals congress wheeler pp congress enacted public law authorized people puerto rico organize government pursuant constitution adoption puerto rican people capitalized opportunity calling constitutional convention overwhelmingly approving charter drafted congress approved proposal subject several important conditions accepted convention commonwealth puerto rico new political entity came constitutional developments great significance indeed made puerto rico sovereign one commonly understood sense term point congress granted puerto rico degree autonomy comparable possessed doctrine hinged measuring entity emergence commonwealth resulted well capacity bring kind successive prosecutions attempted pp test focuses fact first came identifying prosecuting entity wellspring authority insisted going way back beyond immediate even intermediate locus power termed ultimate source settled approach puerto rico benefit doctrine true enough commonwealth power enact enforce criminal law proceeds petitioner says puerto rico constitution ordain ed establish ed people preamble back puerto rican people constitution ultimate source prosecutorial power remains congress congress public law authorized puerto rico process first instance congress later legislation amended draft charter gave indispensable stamp approval put simply congress conferred authority create puerto rico constitution turn confers authority bring criminal charges makes congress original source power puerto rico prosecutors federal government island constitution significant though break chain pp affirmed kagan delivered opinion roberts kennedy ginsburg alito joined ginsburg filed concurring opinion thomas joined thomas filed opinion concurring part concurring judgment breyer filed dissenting opinion sotomayor joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press commonwealth puerto rico petitioner luis sanchez valle et al writ certiorari puerto rico june justice kagan delivered opinion double jeopardy clause fifth amendment prohibits one prosecution offence known doctrine single act gives rise distinct offenses thus may subject person successive prosecutions violates laws separate sovereigns determine whether two prosecuting authorities different sovereigns double jeopardy purposes asks narrow historically focused question inquiry turn term sovereignty sometimes suggests degree second entity autonomous first sets political course rather issue whether prosecutorial powers two jurisdictions independent origins said conversely whether powers derive ultimate source wheeler case must decide test puerto rico may successively prosecute single defendant criminal conduct hold may oldest roots puerto rico power prosecute lie federal soil puerto rico became territory result war treaty concluding conflict ceded island spanish colony tasked congress determining civil rights political status inhabitants treaty paris art stat ensuing years puerto rico forged unique political relationship built island evolution constitutional democracy exercising local acting pursuant constitution territory clause congress initially established civil government puerto rico possessing significant authority internal affairs organic act ch stat see art iv cl granting congress power dispose make needful rules regulations respecting territory property belonging president advice consent senate appointed governor upper house legislature puerto rican people elected lower house see stat federal statutes generally applied still puerto rico newly constituted legislature enact local laws much way see puerto rico shell time congress granted puerto rico additional autonomy federal statute passed addition giving island inhabitants citizenship replaced upper house legislature popularly elected senate see organic act puerto rico ch stat amendment law empowered puerto rican people elect governor right never accorded territory see act ch stat three years later congress enabled puerto rico embark project constitutional public law recognizing principle government consent authorized island people organize government pursuant constitution adoption act july stat describing nature compact statute submitted terms referendum puerto rico voters ibid according terms eventual constitution provide republican form government include bill rights else hashed constitutional convention stat people puerto rico first decide still another referendum whether adopt convention proposed charter see stat congress cast dispositive vote constitution public law declared become effective pon approval congress ibid thus began two years island puerto rican people first voted accept public law thereby triggering constitutional convention body completed work island voters ratified draft constitution congress took turn document giving approval congress removed provision recognizing various social welfare rights including entitlements food housing medical care employment added sentence prohibiting certain constitutional amendments including restore section inserted language guaranteeing children freedom attend private schools see act july stat draft constitution commonwealth puerto rico documents constitutional relationship puerto rico ramirez lavandero ed finally constitution became law manner congress specified convention formally accepted conditions governor issue proclamation effect ch stat puerto rico constitution created new political entity commonwealth puerto rico spanish estado libre asociado de puerto rico see art like constitution divides political power three branches legislative judicial executive art resonant american founding principles puerto rico constitution describes tripartite government republican form subordinate sovereignty people puerto rico ibid commonwealth power constitution proclaims emanates people shall exercised accordance within terms compact agreed upon people puerto rico art leave lofty sphere constitutionalism grittier precincts criminal law respondents luis sánchez valle jaime gómez vázquez separate occasions sold gun undercover police officer commonwealth prosecutors indicted among things selling firearm without permit violation puerto rico arms act see laws ann charges pending federal grand juries indicted sánchez valle gómez vázquez based transactions violations analogous gun trafficking statutes see defendants pleaded guilty federal charges following pleas sánchez valle gómez vázquez moved dismiss pending commonwealth charges double jeopardy grounds prosecutors cases opposed motions arguing puerto rico different sovereigns double jeopardy purposes bring successive prosecutions two defendants trial courts rejected view dismissed charges see app pet cert puerto rico appeals consolidating two cases reversed decisions see puerto rico granted review held puerto rico gun sale prosecutions violated double jeopardy clause see majority reasoned doctrine crucial ultimate source puerto rico power prosecute see use word contexts purposes irrelevant power originally derived congress source federal prosecutors rely commonwealth retry sánchez valle gómez vázquez unlawfully selling firearms three justices disagreed believing commonwealth separate sovereigns see granted certiorari determine whether double jeopardy clause bars federal government puerto rico successively prosecuting defendant like charges conduct hold affirm ii case involves double jeopardy clause ordinary rule clause person prosecuted twice offense see amdt shall person subject offence twice put jeopardy life limb two prosecutions long held offense brought different sovereigns even actions target identical criminal conduct equivalent criminal laws see lanza put point hen act transgresses laws two sovereigns truly averred offender twice punished offence one act committed two offences heath alabama internal quotation marks omitted double jeopardy clause thus drops picture entities seek successively prosecute defendant course conduct separate sovereigns ibid truth told however sovereignty context bear ordinary meaning whatever reason test devised decide whether two governments distinct double jeopardy purposes overtly disregards common indicia sovereignty standard examine extent control one prosecuting authority wields wheeler degree entity exercises whether autonomously managing affairs continually submitting outside direction plays role analysis see shell care government particular ability enact enforce criminal laws see waller florida short inquiry despite label probe whether government possesses usual attributes acts common manner sovereign rather puerto rico acknowledges test hinges single criterion ultimate source power undergirding respective prosecutions wheeler see brief petitioner whether two prosecuting entities dual sovereigns double jeopardy context stated depends whether draw authority punish offender distinct sources power heath inquiry thus historical functional looking deepest wellsprings current exercise prosecutorial authority two entities derive power punish wholly independent sources imagine pair parallel lines may bring successive prosecutions conversely entities draw power ultimate source imagine two lines emerging common point even later diverging may approach separate sovereigns federal government one another see abbate bartkus illinois heath powers undertake criminal prosecutions explained derive federal government instead rely authority originally belonging admission union preserved tenth amendment ibid see amdt powers delegated constitution reserved blatchford native village noatak noting entered union sovereignty intact said otherwise prior forming union possessed separate independent sources power authority continue draw upon enacting enforcing criminal laws heath state prosecutions therefore ancient roots inherent sovereignty unconnected indeed congress similar reasons indian tribes also count separate sovereigns double jeopardy clause originally noted tribes sovereign political communities possessing among capacities inherent power prescribe laws members punish infractions laws wheeler formation tribes became domestic dependent nations subject plenary control congress hardly sovereign one common sense lara quoting cherokee nation georgia pet see santa clara pueblo martinez congress plenary authority limit modify eliminate tribes powers local unless congress withdraws tribal power including power prosecute indian community retains authority earliest form see wheeler ultimate source tribe power punish tribal offenders thus lies primeval rate sovereignty tribal prosecution like state attributable way delegation federal authority santa clara pueblo alone matters double jeopardy inquiry conversely held municipality qualify sovereign distinct state matter much autonomy criminal punishment city maintains see waller florida law recognized pivotal case subject treated municipality separate sovereign entit relevant purposes city possessed broad authority including power enact criminal ordinances prosecute offenses functional control enough escape double jeopardy bar indeed wholly beside point crucial legal inquiry city state ultimately derive powers prosecute independent sources authority heath describing waller reasoning municipality first instance received power state two entities bring successive prosecutions like offense pertinent concluded early decades last century territories including earlier incarnation puerto rico sovereigns distinct grafton held philippine islands territory also acquired war prosecute defendant murder federal tribunal acquitted crime reasoned whereas state derive powers territory philippine courts exert ed powers authority federal government shell stated situation puerto rico essentials commenting puerto rican statute overlapped federal law explained legislative duplication gave rise danger second prosecution territorial federal laws creations emanating sovereignty see also heath noting federal territorial prosecutors derive powers prosecute independent sources authority background established turn question presented prosecutorial powers belonging puerto rico federal government derive wholly independent sources see brief petitioner agreeing framing issue criminal charges issue go forward addressing inquiry view decisions grafton shell controlling following puerto rico became new kind political entity still closely associated governed accordance exercising popularly ratified constitution magnitude change requires us consider question anew yet result reach given legal test apply ends puerto rico today distinctive indeed exceptional status commonwealth approach historical go back far doctrine demands ultimate source puerto rico prosecutorial power wheeler discover congress recall events century puerto rico petitioner contends underwent profound change political system see brief petitioner people puerto rico engaged exercise popular sovereignty adopting constitution establishing government enact laws supra time congress enacted public law authorize puerto rico adoption constitution designed replace federal statute structured island governance people puerto rico capitalized opportunity calling constitutional convention overwhelmingly approving charter drafted congress approved proposal subject several important conditions accepted convention commonwealth new political entity came constitutional developments great significance indeed made puerto rico sovereign one commonly understood sense term recognized congress relinquished control commonwealth local affairs grant ing puerto rico measure autonomy comparable possessed examining bd engineers architects surveyors flores de otero see purpose congress legislation accord puerto rico degree autonomy independence normally union rodriguez popular cratic party puerto rico like state autonomous political entity sovereign matters ruled federal constitution internal quotation marks omitted newfound authority including local criminal laws brought mutual benefit puerto rican people entire see brief amicus curiae double jeopardy decisions hinged measuring entity emergence commonwealth resulted well capacity bring kind successive prosecutions attempted already explained test adopted focuses different question fact came see supra care example exercise autonomous control criminal law local affairs instead treat separate sovereigns possessed control original matter rather deriving federal government see supra identifying prosecuting entity wellspring authority insisted going way back beyond immediate even intermediate locus power termed ultimate source wheeler emphasized inherent primeval capacities tribes power enjoyed prior union formation heath santa clara pueblo see supra cities fail test even enact enforce criminal laws ratified charters state must initially authorize charter state source prosecutorial power see waller supra settled approach puerto rico benefit doctrine starters one argues gained possession puerto rico people possessed independent power way tribes upon becoming part country puerto rico colony spanish sovereignty treaty paris art stat local prosecutors ensuing decades petitioner acknowledges exercised power delegated congress statutes brief petitioner see shell supra authority derived rather association federal government contrary petitioner claim puerto rico transformative constitutional moment lead different conclusion true enough commonwealth power enact enforce criminal law proceeds petitioner says puerto rico constitution ordain ed establish ed people preamble see brief petitioner makes puerto rican populace immediate source authority decisions make relevant back puerto rican people constitution ultimate source prosecutorial power remains congress back city charter lies state government wheeler congress public law authorized puerto rico process first instance people territory legally initiated process see simms simms congress later legislation amended draft charter gave indispensable stamp approval popular ratification however meaningful turned convention handiwork put simply congress conferred authority create puerto rico constitution turn confers authority bring criminal charges makes congress original source power puerto rico prosecutors government island constitution significant though break chain petitioner urges support different view congress recognized new constitution democratic manifestation people brief petitioner far disputing point readily acknowledge petitioner notes public law affirmed principle government consent offered puerto rican public compact organize government pursuant constitution adoption stat see brief petitioner supra constitution congress approved petitioner underscores declares people puerto rico create commonwealth new political entity republican form people sovereign government preamble art see brief petitioner supra language congress allow ed people puerto rico petitioner words begin new chapter democratic reply brief separates view petitioner congressional recognition means puerto rico ability bring successive prosecutions agree congress broad latitude develop innovative approaches territorial governance see art iv cl congress may thus enable territory people make choices political institutions congress exactly enacting public law approving puerto rico constitution prime examples felix frankfurter termed inventive statesmanship respecting island memorandum secretary war hearings senate committee pacific islands porto rico see reply brief one power congress nature things capacity magic wand airbrush erase otherwise rewrite foundational role conferring political authority otherwise said delegator make less matter much authority opts hand test makes historical fact dispositive entity authority enact enforce criminal law ultimately comes congress follow federal prosecution true puerto rico congress authorized approved constitution prosecutorial power flows double jeopardy clause bars puerto rico prosecuting single person conduct equivalent criminal laws iii puerto rico boasts relationship parallel history examining since events early integral aspect association commonwealth exercised constitution result charter puerto rico today avail wide variety futures purposes double jeopardy clause future matters getting away past ultimate source puerto rico prosecutorial power federal government trace authority way back arrive doorstep capitol commonwealth separate sovereigns means two governments twice put respondents sánchez valle gómez vázquez jeopardy offence amdt accordingly affirm judgment puerto rico ordered ginsburg concurring commonwealth puerto rico petitioner luis sanchez valle et al writ certiorari puerto rico june justice ginsburg justice thomas joins concurring join full opinion cogently applies long prevailing doctrine write flag larger question bears fresh examination appropriate case double jeopardy proscription intended shield individuals harassment multiple prosecutions misconduct green current separate sovereigns doctrine hardly serves objective nation kindred systems yet parts one whole federalist hopkins ed reprint within whole affront human dignity abbate black dissenting inconsistent spirit bill rights developments law criminal conspiracy harv rev try punish person twice offense several jurists commentators suggested question answered resounding yes ordinarily final judgment criminal case final judgment civil case preclude renewal fray anyplace nation see bartkus illinois black dissenting assets automotive calabresi franck international lawyer looks bartkus rule rev grant successive prosecutions state nation common law british empire comparisons ucla rev grant lanza rule successive prosecutions colum rev see also lafave israel king kerr criminal procedure ed criticism abbate separate sovereign exception intensified held double jeopardy clause fifth amendment also applicable citing inter alia braun praying false sovereigns rule permitting successive prosecutions age cooperative federalism crim matter warrants attention future case defendant faces successive prosecutions parts whole usa opinion thomas commonwealth puerto rico petitioner luis sanchez valle et al writ certiorari puerto rico june justice thomas concurring part concurring judgment today concludes commonwealth puerto rico separate sovereigns federal government ultimate source puerto rico authority prosecute crimes ante agree holding hews precedents concerning double jeopardy clause territories continue concerns precedents regarding indian law see lara opinion concurring judgment join portions opinion concerning application double jeopardy clause successive prosecutions involving indian tribes aside caveat join opinion breyer dissenting commonwealth puerto rico petitioner luis sanchez valle et al writ certiorari puerto rico june justice breyer justice sotomayor joins dissenting agree case poses special general question puerto rico sovereignty asks whether prosecutorial powers belonging puerto rico federal government derive wholly independent sources ante agree however majority answer question believe go back history far doctrine demands way back source prosecutorial power discover puerto rico federal government share source power namely congress ante reasons disagreeing majority part conceptual part historical conceptually speaking mean literally find source entity criminal law must seek source power ante emphasis added trace puerto rico source power back spain rome justinian trace federal government source power back english parliament william conqueror king arthur rather statement means trace source power back time previously nonexistent entity previously dependent entity became independent least sufficiently independent considered sovereign purposes double jeopardy clause viewed approach explains decisions fairly well federal government became independent entity constitution first took effect document gave federal government authority enact criminal laws congress document created consequently source laws original dependents britain became independent entities perhaps time declaration independence perhaps signing treaty paris perhaps creation articles confederation need precise see wood creation american republic problem sovereignty solved declaration independence continued important theoretical question politics throughout following decade independent colony system consequently source original state criminal laws source question becomes difficult respect entities congress active role play respect creation thus congressional activity appears highly relevant double jeopardy question consider philippines one doubt philippines current possession sovereign authority enact criminal laws yet trace power back history must find source islands lawmaking authority longstanding independent philippine institutions philippines dependent independent decision congress president well philippines change philippines status one independence congress authorized president withdraw surrender right sovereignty philippines stat codified authorization culminated treaty manila signed approved congress year formally recognized philippines independent see stat obvious sense term source philippines independence ability enact enforce criminal laws congress true usual course territory becomes state within union invitation congress fact parallels admission new creation commonwealth case significant congress passes law allowing inhabitants territory form constitution state government assume name shall deem proper act apr ch stat illinois see also act june ch stat new mexico qualified electors territory hereby authorized vote choose delegates form constitutional convention said territory purpose framing constitution proposed state new mexico territory develops proposes constitution congress president review approve allowing territory become state see res stat illinois pub res stat new mexico presidential proclamation stat william howard taft declare proclaim fact fundamental conditions imposed congress state new mexico entitle state admission ratified accepted federal government thus important sense source legislative powers one might argue argued source new sovereign authority enact criminal laws lies constitution doctrine doctrine constitution treats new original see ante difficult however characterize constitutional insistence upon equality relevant sense source independent legislative powers one thing doctrine requirement imposed constitution see coyle smith reason constitution ultimately source even new equal powers source congress powers suggest alike power dignity authority ante quoting coyle supra course recognize merely ask without constitution federal source claim new lawmaking power equal earliest counterparts ante another thing doctrine means going forward new must enjoy rights obligations original example equally restricted first amendment equally competent exert residuum sovereignty delegated constitution coyle supra current future equality destroy fact federal source rights obligations spring congress agreed admit new union accordance constitution terms see stat territor new mexico hereby admitted union upon equal footing original respect indian tribes congressional action relevant double jeopardy analysis explained tribes possess independent authority enact criminal laws tracing source power back time tribal existence tribes sovereign political communities ante quoting wheeler today recognizes prelapsarian independence must read light congressional action inaction whatever tribe history congress maintains plenary authority limit modify eliminate tribes powers local santa clara pueblo martinez thus tribes remain sovereign purposes double jeopardy clause congress chooses withdraw power ante sense congress pattern inaction choice refrain withdrawing dual sovereignty amounts implicit decision grant sovereignty tribes congress way source indian tribes power examples illustrate complexity question us believe majority seems believe double jeopardy question answered simply tracing puerto rico current legislative powers back congress enactment public law calling congress enacted law source island authority philippines new indian tribes congressional activity historic circumstances combine establish new source power therefore must consider public law broader context puerto rico history lens decide whether commonwealth years gained sufficient sovereign authority become source power behind criminal laws ii treaty paris signed spain said civil rights political status puerto rico inhabitants shall determined congress art stat view congress enacting puerto rican federal relations act public law determined political status puerto rico double jeopardy purposes subsequently encompass sovereign authority enact enforce pursuant powers criminal laws several considerations support conclusion first timing public law enactment suggests congress intended work significant change nature puerto rico political status prior puerto rico initially subject foraker act provided federal government virtually complete control island affairs puerto rico became subject jones act provided citizenship permitted puerto ricans elect local legislators required submission local laws congress approval signing nations charter promised change told world develop territories art stat june charter contemporary observers referred public law taking significant step direction change granting puerto rico special status carrying considerable autonomy see magruder commonwealth status puerto rico pitt rev see also kalman abe fortas biography puerto rico according fortas although federal government retained power union second public law uses language says implies significant shift source many local laws act points progressively recognized right people puerto rico stat ully recogniz es principle government consent describes nature compact people puerto rico may organize government pursuant constitution adoption ibid specifies island new constitution must provide republican form government characterized form government including right people choose officers governmental administration pass laws virtue legislative power reposed representative bodies whose legitimate acts may said people duncan third public law created process led puerto rico convene constitutional convention write constitution assuring puerto rico independent authority enact many local laws specifies source much local lawmaking shall henceforth people puerto rico constitution begins stating people puerto rico order organize politically fully democratic basis promote general welfare secure posterity complete enjoyment human rights placing trust almighty god ordain establish constitution commonwealth understand democratic system government one people source public power preamble constitution adds commonwealth political power emanates people shall exercised accordance art government commonwealth puerto rico shall republican form legislative judicial executive branches shall equally subordinate sovereignty people puerto rico art criminal actions courts commonwealth shall conducted name authority people puerto rico art vi time constitutional convention adopted resolution stating puerto rico known officially commonwealth puerto english estado libre asociado de puerto spanish resolution documents constitutional relationship puerto rico ramirez lavandero ed resolution explained names signified politically organized community political power resides ultimately people hence free state one time linked broader political system federal type association therefore independent separate existence fourth puerto rico ratified puerto rico constitution puerto rico initially referendum held soon constitution written second referendum held convention revised constitution minor ways ways congress insisted upon relevant see stat see also ante describing revisions congress enacting legislation said constitution commonwealth puerto rico shall become effective constitutional convention puerto rico shall declared formal resolution acceptance conditions approval herein contained stat said convention last word made minor amendments puerto rico ratified constitution second referendum fifth three branches federal government subsequently recognized public law puerto rican constitution related congressional actions granted puerto rico considerable autonomy local matters sometimes akin state see regards local matters sphere action methods government bear resemblance state union branch federal government subsequently took action consistent view executive branch president truman wrote congress commonwealth constitution enacted ratified vest people puerto rico complete authority responsibility local public papers presidents apr similarly president kennedy circulated throughout executive branch memorandum said commonwealth structure relationship nature compact provide respect internal affairs administration subject applicable provisions federal constitution puerto rican federal relations act public law acts congress authorizing approving constitution departments agencies officials executive branch government faithfully carefully observe respect arrangement relation matters affecting commonwealth puerto rico fed reg subsequent administrations made similar statements see liebowitz application federal law commonwealth puerto rico geo citing message president johnson department state acting president nation wrote memorandum nations explaining longer submit special reports economic social educational conditions puerto rico puerto rico longer territory charter art requiring periodic reports concerning territories rather memorandum explained puerto rico achieved full measure memorandum government america concerning cessation transmission information article charter regard commonwealth puerto rico original intent constitution puerto rico ed memorandum added congress agreed puerto rico shall constitution freedom control interference congress respect internal government administration nations accepted view matter general assembly noting resolution people commonwealth puerto rico achieved new political status resolution viii general assembly added people commonwealth puerto rico invested attributes political sovereignty clearly identify status attained puerto rican people autonomous political entity ibid see also nations decolonization trust territories online http last visited june noting puerto rico underwent change status information longer submitted nations concerning former rusteeship department justice add case argued puerto rico double jeopardy clause purposes independently sovereign source criminal laws see lopez andino accepting government position puerto rico treated state purposes double jeopardy clause cert denied judicial branch held puerto rico laws state statutes within terms act see pearson yacht leasing wrote events led significant changes puerto rico governmental structure commonwealth body politic people puerto rico differences distinguish puerto rico laws territories congressional regulation see also examining bd engineers architects surveyors flores de otero congress granted puerto rico measure autonomy comparable possessed rodriguez popular democratic party puerto rico like state autonomous political entity sovereign matters ruled federal constitution internal quotation marks omitted finally legislative branch knowledge since congress never repeat never vetoed modified local criminal law enacted puerto rico sixth puerto rico consistently held period years puerto rico people congress source puerto rico local criminal laws see pueblo castro garcia offic trans puerto rico criminal laws emanate different source federal laws communications government capital transl puerto rico governmental powers flow authority merely delegated congress ramirez de ferrer mari bras wl westlaw transl puerto rico governmental powers emanate people puerto rico see also pueblo figueroa finding impossible believe puerto rican constitution legal effect simply federal law cf figueroa puerto rico constitution commonwealth another organic act congress though congressional approval necessary launch forth seventh insofar public law related events grants puerto rico local legislative autonomy particularly likely done respect local criminal law puerto rico legal system arises reflects traditional british common law underlies criminal law tradition stemming european civil codes roman law chief justice trías monge wrote unanimous puerto rico commonwealth laws governed civil law system roots spanish legal tradition principles inherent doctrines law valle american ins offic trans considerations knowledge custom habit convention argue special force autonomy area criminal law cf diaz gonzalez holmes cautioning federal courts apply common law conceptions puerto rico island inherit ed brought different system prevails add practices actions statements attitudes described highly relevant long made clear face difficult questions constitution structural requirements longstanding customs practices make difference see nlrb noel canning slip equally true longstanding practice government inform determination law citation internal quotation marks omitted see also mistretta dames moore regan youngstown sheet tube sawyer frankfurter concurring pocket veto case ex parte grossman midwest oil mcpherson blacker mcculloch maryland wheat stuart laird cranch longstanding customs actions attitudes puerto rico mainland uniformly favor puerto rico position sovereign since purposes double jeopardy clause history statutes language organic acts traditions statements actions taken three branches federal government puerto rico convinces entered compact one terms source puerto rico criminal law ceased congress became puerto rico people constitution evidence grant authority far stronger evidence congressional silence led conclude indian tribes maintained similar sovereign authority indeed difficult see conclude tribes possess authority puerto rico regardless reasons given hold double jeopardy clause purposes criminal law puerto rico criminal law federal government find origin source respectfully dissent footnotes parties case agree double jeopardy clause applies puerto rico occasion consider question see brief petitioner brief respondents see also brief amicus curiae concurring dissent ignoring longstanding precedent contrary see supra infra advances approach stripe seven considerations go question whether commonwealth virtue public law gained sovereign authority enact enforce criminal laws post opinion breyer disagreement dissent arises entirely use test question whether events puerto rico authority enact enforce criminal laws slightly differently phrased whether congress decided autonomy answer agree yes see infra show inquiry double jeopardy law made relevant contrary rejected approach reached results inconsistent use see heath alabama waller florida see infra never explained reasons adopting historical approach doctrine may appear counterintuitive even legalistic compared inquiry focused governmental entity functional autonomy alternative raise serious problems application require deciding exactly much autonomy sufficient separate sovereignty whether given entity exercise exceeds level results suspect often uncertain introducing error inconsistency double jeopardy law contrast go show easily applied ultimate source test classify broad classes governments either sovereign purposes barring retrials see infra literalists might object original claim independent source authority congress played role establishing territories authorizing approving constitutions least admitting union see art iv cl new may admitted congress union indeed tack dissent takes see post claiming reason federal government legislative powers long ago made clear new state upon entry necessarily becomes vested legal characteristics capabilities first see coyle smith noting meaning state found powers possessed original adopted constitution principle equal footing held essential ensure nation remains union alike power dignity authority competent exert residuum sovereignty delegated see northwest austin municipal util dist one holder referring fundamental principle equal sovereignty among thus state exercises authority enact enforce criminal laws virtue congressional grace independent powers earliest counterparts brought union chose maintain see coyle hen new state admitted union admitted powers sovereignty jurisdiction pertain original dissent contrary view say texas california powers including power make enforce criminal law derive federal government contradicts fundamental conceptual premises constitutional order indeed bedrock union dissent theory see supra explain many decisions whether involving indian tribes cities territories already addressed dissent misunderstanding respect including ones see supra reasoning plainer separate sovereigns double jeopardy purposes dissent claims exercise authority criminal law instead power derives source independent federal government see heath tribes see supra indeed dissent contrary reasoning deeply disturbing according dissent congress fact indian tribes power elected disturb exercise authority post beginning chief justice marshall continuing nearly two centuries held firm fast view congress power indian affairs nothing gainsay profound importance tribes sovereignty see worcester georgia pet talton mayes michigan bay mills indian community slip stated uncertain terms tribes separate sovereigns precisely inherent authority see wheeler next dissent even try explain rule municipality separate sovereign state see supra explicitly recognized many cities words dissent test authority make enforce criminal laws post still undertake successive prosecutions received power state governments see waller likewise finally dissent fails face decisions territories distinct sovereigns powers exercise delegations congress see grafton supra course makes different current philippines see post whose relevance hard fathom independent nation philippines wields prosecutorial power traceable congressional conferral authority repeat matters entity capacity make enforce criminal law ultimately comes another government two separate sovereigns double jeopardy purposes petitioner statements telling role congress necessarily played constitutional process see reply brief pursuant congress invitation congress consent people puerto rico engaged exercise popular sovereignty commonwealth legal cornerstone public law tr oral arg describing adoption puerto rico constitution pursuant invitation congress blessing congress