CONSTITUTIONAL CONVENTION OF THE FEDERATED STATES OF MICRONESIA PALIKIR, POHNPEI. P'l(CYPOS'E'lJ JIl'}.{'F!J{'lJ'}.{'E'J{'TS.

Transcription

1 CONSTITUTIONAL CONVENTION OF THE FEDERATED STATES OF MICRONESIA PALIKIR, POHNPEI 1990 P'l(CYPOS'E'lJ JIl'}.{'F!J{'lJ'}.{'E'J{'TS 'TO Tfi'E c(y}'(srriwrrio'j{ OJ" Tfi'E J"'E'lJ'E'1(JIlTE'lJ S'TJIlTES OJ" '}.{[ cj(o'j{'es IJIl , '..

2 FEDERATED STA-TES OF MICRONESIA CONSTITUTIONAL CONVENTION, 1990 PALIKIR, POHNPEI PROPOSED AMENDMENTS TO THE CONSTITU7;ION OF THE FEDERATED STATES OF MICRONESIA 'I.-. ~F,: ~

3 ARTICLE I Territory of the Federated states of Micronesia ARTICLE III Citizenship SECTION 4. [Repealed] SECTION 5. [Renumbered as SECTION 4] SECTION 6. [Renumbered.as SECTION 5] ARTICLE V Traditional Rights SECTION 3. In affirming national com~{tment and respect for customs and traditions, a chamber of traditional chi~fs is hereby established., (a) The primary role of the chamber of tra8iti8nal chiefs is to advise on matters of customs and traditions, to promote and protect customs and traditions, and to promote peace and unity in the Federated States of Micronesia. (b) The national government shall take every step reasonable and necessary to provide for the operations of the chamber of traditional chiefs. ARTICLE IX Legislative SECTION 2. (c) to regulate immigration, emigration, naturalization, and citizenship, however Congress shall not enact any naturalization law, unless requested by resolution of the legislature of the state in which the person seeking naturalization resides; (d) to impose taxes, duties, and tariffs based on imports, provided a state may impose a surtax on any national tax, duty, or tariff based on imports;

4 (g) to regulate banking, foreign and interstate commerce, insurance, the issuance and use of commercial paper and securities, bankruptcy and insolvency, and patents and copyrights, provided that the authority to permit foreign investors to do business in a state shall remain exclusively with that state; (m) to regulate the ownership. exploration, and exploitation of natural resources within the marine space of the Federated states of Micronesia beyond 12 miles from island baselines, provided that in designating island baselines for the purpose of the 12 mile limit, traditional ownership of submerged reefs shall be recognized; (p) to define national crimes and prescribe penalties, having due regard for local custom and tradition; (q) to override a Presidential veto by not less than a 3/4 vote of the members of Congress; and (r) to promote education and health by setting m1n1mum standards, coordinating state activities relating td!foreign assistance, providing training and assistance to the states and providing support for post-secondary educational programs and projects..",.;'",.1, SECTION 3 (b) to borrow money on the public credit; and ( c) [Repealed] (d) [Renumbered as (c)] \ \ SECTION 5. National taxes shall be imposed uniformly. Not less than 50% of the revenues shall be paid into the treasury of the state where collected; provided all revenues derived from fuel tax shall be paid into the treasury of the state where collected. SECTION 6. Not less than 50% of all revenue derived from resources exploited under section 2(m) shall be paid into the treasuries of the state governments according to a division agreed to by the states. This section takes effect october 1, of 6

5 ARTICLE X Executive SECTION 2. (c) to grant pardons and reprieves to persons convicted under national law, and to persons convicted under state law upon request by the chief executive of that state; and SECTION 4. A person is ineligible to become president or Vice-president unless he is a member of Congress for a 4-year term, a citizen of the Federated States of Microne"Ja.. l:jy. J:l.i_ctJ),_ and.a.. resident.. of the Federated States of- Microne sia i~~ -at least 15 years. The Vi ce-president may not be a resident of the same state as the President. SECTION 5. (a) All members of the Congress, including an incumbent President or Vice- President who is e l ected to the Congress, may vote i n the election of the Presi dent and Vice- President. (b) An incumbent President or Vice- President who is elected to the Congress may not, during his term as President or Vice-Pres ident, vote in the Congress on any bill, Presidential appointment, "fr'eaty I or matter involving impeachment or removal, and he shall not receive any salary as a member of the Congress i n addition to his salary as President or Vice-President. (c) Upon the election of the President and Vice- President, the Congressional seats of the President- elect and Vice-President-el ect shall be declared vacant. (d) The President- elect and Vice- President-el ect shall receive the salary of the President and Vice-President. (e) The term of the President and Vice- President shall begin on the fifth Tuesday following the electi on of the President. ARTIC LE XI Judicial SECTION 6. (a) The trial division of the Supreme Court has original and exclusive jurisdiction in cases affecting officials of foreign governments, disputes between stat es, admiralty or maritime cases, and in cases in which the na~ional government or a foreign state is a party. 3 of 6

6 (d) The congress may remove the Public Auditor from office for good cause by 2/3 vote. In that event the Chief Justice shal,l appoint an acting public Auditor unt~l a successor is confirmed. SECTION 4. (a) The Independent Prosecutor is appointed by the President with the advice and consent of congress. He serves for a term of 6 years. He may not serve consecutive terms. (b) The Independent Prosecutor shall investigate any person or agency at the national, state or local level that receives, spends or administers public funds from the national government, and prosecute any such person or agency found to have violated an applicable national law. Additional duties may be prescribed by statute. (c) The Independent Prosecutor shall be independent of administrative.c.qntro~_.~xcept.. t~~t;._q~_$haj.j! _.r!p-ort_.. a.t. _le.as.t.._onc.e...a_y-e.aj:....to.. CongIess through the President. Bis salary may not be reduced during his term of office. (d) The Congress may remove the Independent Prosecutor for good cause by 2/3 vote. In that event, the Chief Justice shall appoint an acting Independent Prosecutor until a successor is confirmed.. ' ARTICLE XIII General Provisions., l\"'';. ~. /~ SECTION 4. A noncitizen, or a corporation not wholly owned by citizens, may not acquire title to land or waters in the Federated States of Micronesia; provided that a state may permit by statute a lending institution to acquire title to land for not more than 25 years when land is used as security for a loan and the borrower defaults upon the loan. SECTION 5. A lease agreement for the use of land for an indefinite term by a noncitizen, a corporation not wholly owned by citizens, or any government is prohibited. SECTION 8. Full faith and credit shall be given in each state to the statutes, records, and judicial proceedings of every other s~ate. Congress shall prescribe by statute the manner in which statutes, records, and judicial proceedings may be proved and the effect thereof. 5 of 6

7 ARTICLE XIV Amendments SECTION 1. An amendment to this Constitution may be proposed by a constitutional convention, popular initiative, or Congress in a manner provided by law. Effective November 3, 1990, a proposed amendment shall become a part of the Constitution when approved by a majority of the votes cast on that amendment in each of 3/4 of the states. If conflicting constitutional amendments submitted to the voters at the same election are approved, the amendment receiving the highest number of affirmative votes shall prevail to the extent of such conflict. ARTICLE XV Transition SECTION 4.,[Repealed] SECTION 5. [Renumbered as SECTION 4] SECTION 6. [Repealed] 6 of 6

8 YAP DELEGATION.~ -- John R. Petewon Resio S. Moses President