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Federated States of Micronesia Consolidated Legislation |
FEDERATED STATES OF MICRONESIA
CONSTITUTION
OF THE
FEDERATED
STATES OF MICRONESIA
PREAMBLE
WE, THE
PEOPLE OF MICRONESIA, exercising our inherent sovereignty, do hereby establish
this Constitution of the Federated States of
Micronesia.
With this
Constitution, we affirm our common wish to live together in peace and harmony,
to preserve the heritage of the past, and
to protect the promise of the
future.
To make one
nation of many islands, we respect the diversity of our cultures. Our
differences enrich us. The seas bring us together,
they do not separate us. Our
islands sustain us, our island nation enlarges us and makes us
stronger.
Our
ancestors, who made their homes on these islands, displaced no other people. We,
who remain, wish no other home than this. Having
known war, we hope for peace.
Having been divided, we wish unity. Having been ruled, we seek
freedom.
Micronesia
began in the days when man explored seas in rafts and canoes. The Micronesian
nation is born in an age when men voyage
among stars; our world itself is an
island. We extend to all nations what we seek from each: peace, friendship,
cooperation, and
love in our common humanity. With this Constitution we, who
have been the wards of other nations, become the proud guardian of our
own
islands, now and forever.
ARTICLE
I
Territory
of Micronesia
Section
1. The territory of the
Federated States of Micronesia is comprised of the Districts of the Micronesian
archipelago that ratify this
Constitution. Unless limited by international
treaty obligations assumed by the Federated States of Micronesia, or by its own
act,
the waters connecting the islands of the archipelago are internal waters
regardless of dimensions, and jurisdiction extends to a
marine space of 200
miles measured outward from appropriate baselines, the seabed, subsoil, water
column, insular or continental
shelves, airspace over land and water, and any
other territory or waters belonging to Micronesia by historic right, custom, or
legal
title.
Section
2. Each state is comprised
of the islands of each District as defined by laws in effect immediately prior
to the effective date of this
Constitution. A marine boundary between adjacent
states is determined by law, applying the principle of equidistance. State
boundaries
may be changed by Congress with the consent of the state legislatures
involved.
Section
3. Territory may be added to
the Federated States of Micronesia upon approval of Congress, and by vote of the
inhabitants of the area,
if any, and by vote of the people of the Federated
States of Micronesia. If the territory is to become part of an existing state,
approval of the state legislature is
required.
Section
4. New states may be formed
and admitted by law, subject to the same rights, duties, and obligations as
provided for in this Constitution.
ARTICLE
II
Supremacy
Section
1. This Constitution is the
expression of the sovereignty of the people and is the supreme law of the
Federated States of Micronesia.
An act of the government in conflict with this
Constitution is invalid to the extent of conflict.
ARTICLE
III
Citizenship
Section
1. A person who is a citizen
of the Trust Territory immediately prior to the effective date of this
Constitution and a domiciliary of
a District ratifying this Constitution is a
citizen and national of the Federated States of
Micronesia.
Section
2. A person born of parents
one or both of whom are citizens of the Federated States of Micronesia is a
citizen and national of the
Federated States by
birth.
Section
3. A citizen of the
Federated States of Micronesia who is recognized as a citizen of another nation
shall, within 3 years of his eighteenth
birthday, or within 3 years of the
effective date of this Constitution, whichever is later, register his intent to
remain a citizen
of the Federated States and renounce his citizenship of another
nation. If he fails to comply with this Section, he becomes a national
of the
Federated States of
Micronesia.
Section
4. A citizen of the Trust
Territory who becomes a national of the United States of America under the terms
of the Covenant to Establish
a Commonwealth of the Northern Mariana Islands may
become a citizen and national of the Federated States of Micronesia by applying
to a court of competent jurisdiction in the Federated States within 6 months of
the date he became a United States
national.
Section
5. A domiciliary of a
District not ratifying this Constitution who was a citizen of the Trust
Territory immediately prior to the effective
date of this Constitution, may
become a citizen and national of the Federated States of Micronesia by applying
to a court of competent
jurisdiction in the Federated States within 6 months
after the effective date of this Constitution or within 6 months after his 18th
birthday, whichever is
later.
Section
6. This Article may be
applied retroactively.
ARTICLE
IV
Declaration
of Rights
Section
1. No law may deny or impair
freedom of expression, peaceable assembly, association, or
petition.
Section
2. No law may be passed
respecting an establishment of religion or impairing the free exercise of
religion, except that assistance may
be provided to parochial schools for
non-religious
purposes.
Section
3. A person may not be
deprived of life, liberty, or property without due process of law, or be denied
the equal protection of the
laws.
Section
4. Equal protection of the
laws may not be denied or impaired on account of sex, race, ancestry, national
origin, language, or social
status.
Section
5. The right of the people
to be secure in their persons, houses, papers, and other possessions against
unreasonable search, seizure,
or invasion of privacy may not be violated. A
warrant may not issue except on probable cause, supported by affidavit
particularly
describing the place to be searched and the persons or things to be
seized.
Section
6. The defendant in a
criminal case has a right to a speedy public trial, to be informed of the nature
of the accusation, to have counsel
for his defense, to be confronted with the
witnesses against him, and to compel attendance of witnesses in his
behalf.
Section
7. A person may not be
compelled to give evidence that may be used against him in a criminal case, or
be twice put in jeopardy for the
same
offense.
Section
8. Excessive bail may not be
required, excessive fines imposed, or cruel and unusual punishments inflicted.
The writ of habeas corpus
may not be suspended unless required for public safety
in cases of rebellion or
invasion.
Section
9. Capital punishment is
prohibited.
Section
10. Slavery and involuntary
servitude are prohibited except to punish
crime.
Section
11. A bill of attainder or
ex post facto law may not be
passed.
Section
12. A citizen of the
Federated States of Micronesia may travel and migrate within the Federated
States.
Section
13. Imprisonment for debt is
prohibited.
ARTICLE
V
Traditional
Rights
Section
1. Nothing in this
Constitution takes away a role or function of a traditional leader as recognized
by custom and tradition, or prevents
a traditional leader from being recognized,
honored, and given formal or functional roles at any level of government as may
be prescribed
by this Constitution or by
statute.
Section
2. The traditions of the
people of the Federated States of Micronesia may be protected by statute. If
challenged as violative of Article
IV, protection of Micronesian tradition shall
be considered a compelling social purpose warranting such governmental
action.
Section
3. The Congress may
establish, when needed, a Chamber of Chiefs consisting of traditional leaders
from each state having such leaders,
and of elected representatives from states
having no traditional leaders. The constitution of a state having traditional
leaders
may provide for an active, functional role for them.
ARTICLE
VI
Suffrage
Section
1. A citizen 18 years of age
may vote in national elections. The Congress shall prescribe a minimum period of
local residence and provide
for voter registration, disqualification for
conviction of crime, and disqualification for mental incompetence or insanity.
Voting
shall be secret.
ARTICLE
VII
Levels
of Government
Section
1. The three levels of
government in the Federated States of Micronesia are national, state, and local.
A state is not required to establish
a new local government where none exists on
the effective date of this
Constitution.
Section
2. A state shall have a
democratic constitution.
ARTICLE
VIII
Powers
of Government
Section
1. A power expressly
delegated to the national government, or a power of such an indisputably
national character as to be beyond the
power of a state to control, is a
national
power.
Section
2. A power not expressly
delegated to the national government or prohibited to the states is a state
power.
Section
3. State and local
governments are prohibited from imposing taxes which restrict interstate
commerce.
ARTICLE
IX
Legislative
Section
1. The legislative power of
the national government is vested in the Congress of the Federated States of
Micronesia.
Section
2. The following powers are
expressly delegated to Congress:
(a) to provide for the national defense;
(b) to ratify treaties;
(c) to regulate immigration, emigration, naturalization, and citizenship;
(d) to impose taxes, duties, and tariffs based on imports;
(e) to impose taxes on income;
(f) to issue and regulate currency;
(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;
(h) to regulate navigation and shipping except within lagoons, lakes, and rivers;
(i) to establish usury limits on major loans;
(j) to provide for a national postal system;
(k) to acquire and govern new territory;
(l) to govern the area set aside as the national capital;
(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;
(n) to establish and regulate a national public service system;
(o) to impeach and remove the President, Vice President, and justices of the Supreme Court;
(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 three-fourths vote of all the state delegations, each delegation casting one vote; and
(r) to promote education and health by setting minimum standards, coordinating state activities relating to foreign assistance, providing training and assistance to the states and providing support for post-secondary educational programs and projects.
Section
3. The following powers may
be exercised concurrently by Congress and the states:
(a) to appropriate public funds;
(b) to borrow money on the public credit; and
(c) to establish systems of social security and public welfare.
Section
4. A treaty is ratified by
vote of 2/3 of the members of Congress, except that a treaty delegating major
powers of government of the
Federated States of Micronesia to another government
shall also require majority approval by the legislatures of 2/3 of the
states.
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.
Section
6. Net revenue derived from
ocean floor mineral resources exploited under
Section
2(m) shall be divided
equally between the national government and the appropriate state
government.
Section
7. The President, Vice
President, or a justice of the Supreme Court may be removed from office for
treason, bribery, or conduct involving
corruption in office by a 2/3 vote of the
members of Congress. When the President or Vice President is removed, the
Supreme Court
shall review the decision. When a justice of the Supreme Court is
removed, the decision shall be reviewed by a special tribunal composed
of one
state court judge from each State appointed by the state chief executive. The
special tribunal shall meet at the call of the
President.
Section
8. The Congress consists of
one member elected at large from each state on the basis of state equality, and
additional members elected
from congressional districts in each state
apportioned by population. Members elected on the basis of state equality serve
for a
4-year term, and all other members for 2 years. Each member has one vote,
except on the final reading of bills. Congressional elections
are held
biennially as provided by
statute.
Section
9. A person is ineligible to
be a member of Congress unless he is at least 30 years of age on the day of
election and has been a citizen
of the Federated States of Micronesia for at
least 15 years, and a resident of the state from which he is elected for at
least 5
years. A person convicted of a felony by a state or national government
court is ineligible to be a member of Congress. The Congress
may modify this
provision or prescribe additional qualifications; knowledge of the English
language may not be a
qualification.
Section
10. At least every 10 years
Congress shall reapportion itself. A state is entitled to at least one member of
Congress on the basis of
population in addition to the member elected at large.
A state shall apportion itself by law into single member congressional
districts.
Each district shall be approximately equal in population after giving
due regard to language, cultural, and geographic
differences.
Section
11. A state may provide that
one of its seats is set aside for a traditional leader who shall be chosen as
provided by statute for a
2-year term, in lieu of one representative elected on
the basis of population. The number of congressional districts shall be reduced
and reapportioned
accordingly.
Section
12. A vacancy in Congress is
filled for the unexpired term. In the absence of provision by law, an unexpired
term is filled by special
election, except that an unexpired term of less than 1
year is filled by appointment by the state chief
executive.
Section
13. A member of Congress may
not hold another public office or employment. During the term for which he is
elected and 3 years thereafter,
a member may not be elected or appointed to a
public office or employment created by national statute during his term. A
member may
not engage in any activity which conflicts with the proper discharge
of his duties. The Congress may prescribe further
restrictions.
Section
14. The Congress may
prescribe an annual salary and allowances for members. An increase of salary may
not apply to the Congress enacting
it.
Section
15. A member of Congress is
privileged from arrest during his attendance at Congress and while going to and
from sessions, except for
treason, felony, or breach of the peace. A member
answers only to Congress for his statements in
Congress.
Section
16. The Congress shall meet
in regular, public session as prescribed by statute. A special session may be
convened at the call of the
President of the Federated States of Micronesia, or
by the presiding officer on the written request of 2/3 of the
members.
Section
17. (a) The Congress shall
be the sole judge of the elections and qualifications of its members, may
discipline a member, and, by 2/3
vote, may suspend or expel a
member.
(b) The
Congress may determine its own rules of procedure and choose a presiding officer
from among its
members.
(c) The
Congress may compel the attendance and testimony of witnesses and the production
of documents or other matters before Congress
or any of its
committees.
Section
18. A majority of the
members is a quorum, but a smaller number may adjourn from day to day and compel
the attendance of absent
members.
Section
19. The Congress shall keep
and publish a journal of its proceedings. A roll call vote entered on the
journal shall be taken at the request
of 1/5 of the members present. Legislative
proceedings shall be conducted in the English language. A member may use his own
language
if not fluent in English, and Congress shall provide
translation.
Section
20. To become law, a bill
must pass 2 readings on separate days. To pass first reading a 2/3 vote of all
members is required. On final
reading each state delegation shall cast one vote
and a 2/3 vote of all the delegations is required. All votes shall be entered on
the
journal.
Section
21. (a) The Congress may
make no law except by statute and may enact no statute except by bill. The
enacting clause of a bill is "BE
IT ENACTED BY THE CONGRESS OF THE FEDERATED
STATES OF MICRONESIA:". A bill may embrace but one subject expressed in its
title. A
provision outside the subject expressed in the title is
void.
(b) A law may
not be amended or revised by reference to its title only. The law as revised or
section as amended shall be published
and re-enacted at full
length.
Section
22. A bill passed by
Congress shall be presented to the President for approval. If he disapproves of
the bill, he shall return it with
his objections to Congress within 10 days. If
Congress has 10 or less days remaining in its session, or has adjourned, he
shall return
the bill within 30 days after presentation. If the President does
not return a bill within the appropriate period, it becomes law
as if
approved.
ARTICLE
X
Executive
Section
1. The executive power of
the national government is vested in the President of the Federated States of
Micronesia. He is elected by
Congress for a term of four years by a majority
vote of all the members. He may not serve for more than two consecutive
terms.
Section
2. The following powers are
expressly delegated to the President:
(a) to faithfully execute and implement the provisions of this Constitution and all national laws;
(b) to receive all ambassadors and to conduct foreign affairs and the national defense in accordance with national law;
(c) to grant pardons and reprieves, except that the chief executive of each state shall have this power concurrently with respect to persons convicted under State law; and
(d) with the advice and consent of Congress, to appoint ambassadors; all judges of the Supreme Court and other courts prescribed by statute; the principal officers of Executive departments in the national government; and such other officers as may be provided for by statute. Ambassadors and principal officers serve at the pleasure of the President.
Section
3. The
President:
(a) is head of state of the Federated States of Micronesia;
(b) may make recommendations to Congress, and shall make an annual report to Congress on the state of the nation; and
(c) shall perform such duties as may be provided by statute.
Section
4. A person is ineligible to
become President unless he is a member of Congress for a 4-year term, a citizen
of the Federated States
of Micronesia by birth, and a resident of the Federated
States of Micronesia for at least 15
years.
Section
5. After the election of the
President, the Vice President is elected in the same manner as the President,
has the same qualifications,
and serves for the same term of office. He may not
be a resident of the same state. After the election of the President and the
Vice
President, vacancies in Congress shall be
declared.
Section
6. If the office of the
President is vacant, or the President is unable to perform his duties, the Vice
President becomes President.
The Congress shall provide by statute for the
succession in the event both offices are vacant, or either or both officers are
unable
to discharge their
duties.
Section
7. The compensation of the
President or Vice President may not be increased or reduced during his term.
They may hold no other office
and may receive no other compensation from the
Federated States of Micronesia or from a
state.
Section
8. Executive departments
shall be established by
statute.
Section
9. (a) If required to
preserve public peace, health, or safety, at a time of extreme emergency caused
by civil disturbance, natural
disaster, or immediate threat of war, or
insurrection, the President may declare a state of emergency and issue
appropriate
decrees.
(b) A civil
right may be impaired only to the extent actually required for the preservation
of peace, health, or safety. A declaration
of emergency may not impair the power
of the judiciary except that the declaration shall be free from judicial
interference for 30
days after it is first
issued.
(c) Within 30
days after the declaration of emergency, the Congress of the Federated States of
Micronesia shall convene at the call
of its presiding officer or the President
to consider revocation, amendment, or extension of the declaration. Unless it
expires by
its own terms, is revoked, or extended, a declaration of emergency is
effective for 30 days.
ARTICLE
XI
Judicial
Section
1. The judicial power of the
national government is vested in a Supreme Court and inferior courts established
by
statute.
Section
2. The Supreme Court is a
court of record and the highest court in the nation. It consists of the Chief
Justice and not more than 5
associate justices. Each justice is a member of both
the trial division and the appellate division, except that sessions of the trial
division may be held by one justice. No justice may sit with the appellate
division in a case heard by him in the trial division.
At least 3 justices shall
hear and decide appeals. Decision is by a majority of those
sitting.
Section
3. The Chief Justice and
associate justices of the Supreme Court are appointed by the President with the
approval of 2/3 of Congress.
Justices serve during good
behavior.
Section
4. If the Chief Justice is
unable to perform his duties he shall appoint an associate justice to act in his
stead. If the office is
vacant, or the Chief Justice fails to make the
appointment, the President shall appoint an associate justice to act as Chief
Justice
until the vacancy is filled or the Chief Justice resumes his
duties.
Section
5. The qualifications and
compensation of justices and other judges may be prescribed by statute.
Compensation of judges may not be
diminished during their terms of office unless
all salaries prescribed by statute are reduced by a uniform
percentage.
Section
6. (a) The trial division of
the Supreme Court has original and exclusive jurisdiction in cases affecting
officials of foreign governments,
disputes between states, admiralty or maritime
cases, and in cases in which the national government is a party except where an
interest
in land is at
issue.
(b) The
national courts, including the trial division of the Supreme Court, have
concurrent original jurisdiction in cases arising
under this Constitution;
national law or treaties; and in disputes between a state and a citizen of
another state, between citizens
of different states, and between a state or a
citizen thereof, and a foreign state, citizen, or
subject.
(c) When
jurisdiction is concurrent, the proper court may be prescribed by
statute.
Section
7. The appellate division of
the Supreme Court may review cases heard in the national courts, and cases heard
in state or local courts
if they require interpretation of this Constitution,
national law, or a treaty. If a state constitution permits, the appellate
division
of the Supreme Court may review other cases on appeal from the highest
state court in which a decision may be
had.
Section
8. When a case in a state or
local court involves a substantial question requiring the interpretation of the
Constitution, national
law, or a treaty, on application of a party or on its own
motion the court shall certify the question to the appellate division of
the
Supreme Court. The appellate division of the Supreme Court may decide the case
or remand it for further
proceedings.
Section
9. The Chief Justice is the
chief administrator of the national judicial system and may appoint an
administrative officer who is exempt
from civil service. The Chief Justice shall
make and publish and may amend rules governing national courts, and by rule
may:
(a) divide the inferior national courts and the trial division of the Supreme Court into geographical or functional divisions;
(b) assign judges among the divisions of a court and give special assignments to retired Supreme Court justices and judges of state and other courts;
(c) establish rules of procedure and evidence;
(d) govern the transfer of cases between state and national courts;
(e) govern the admission to practice and discipline of attorneys and the retirement of judges; and
(f) otherwise provide for the administration of the national judiciary. Judicial rules may be amended by statute.
Section
10. The Congress shall
contribute to the financial support of State judicial systems and may provide
other
assistance.
Section
11. Court decisions shall be
consistent with this Constitution, Micronesian customs and traditions, and the
social and geographical configuration
of Micronesia. In rendering a decision,
the court must consult and apply sources of the Federated States of
Micronesia.
ARTICLE
XII
Finance
Section
1. (a) Public money raised
or received by the national government shall be deposited in a General Fund or
special funds within the national
Treasury. Money may not be withdrawn from the
General Fund or special funds except by
law.
(b) Foreign
financial assistance received by the national government shall be deposited in a
Foreign Assistance Fund. Except where
a particular distribution is required by
the terms or special nature of the assistance, each state shall receive a share
equal to
the share of the national government and to the share of every other
state.
Section
2. (a) The President shall
submit an annual budget to Congress at a time prescribed by statute. The budget
shall contain a complete
plan of proposed expenditures, anticipated revenues,
and other money available to the national government for the next fiscal year,
together with additional information that Congress may require. The Congress may
alter the budget in any
respect.
(b) No
appropriation bills, except those recommended by the President for immediate
passage, or to cover the operating expenses of
Congress, may be passed on final
reading until the bill appropriating money for the budget has been
enacted.
(c) The
President may item veto an appropriation in any bill passed by Congress, and the
procedure in such case shall be the same
as for disapproval of an entire bill by
the
President.
Section
3. (a) The Public Auditor is
appointed by the President with the advice and consent of Congress. He serves
for a term of 4 years and
until a successor is
confirmed.
(b) The
Public Auditor shall inspect and audit accounts in every branch, department,
agency or statutory authority of the national
government and in other public
legal entities or nonprofit organizations receiving public funds from the
national government. Additional
duties may be prescribed by
statute.
(c) The
Public Auditor shall be independent of administrative control except that he
shall report at least once a year to Congress.
His salary may not be reduced
during his term of
office.
(d) The
Congress may remove the Public Auditor from office for cause by 2/3 vote. In
that event the Chief Justice shall appoint an
acting Public Auditor until a
successor is confirmed.
ARTICLE
XIII
General
Provisions
Section
1. The national government
of the Federated States of Micronesia recognizes the right of the people to
education, health care, and legal
services and shall take every step reasonable
and necessary to provide these
services.
Section
2. Radioactive, toxic
chemical, or other harmful substances may not be tested, stored, used, or
disposed of within the jurisdiction
of the Federated States of Micronesia
without the express approval of the national government of the Federated States
of
Micronesia.
Section
3. It is the solemn
obligation of the national and state governments to uphold the provisions of
this Constitution and to advance the
principles of unity upon which this
Constitution is
founded.
Section
4. A noncitizen, or a
corporation not wholly owned by citizens, may not acquire title to land or
waters in
Micronesia.
Section
5. A lease agreement for the
use of land for an indefinite term by a noncitizen, corporation not wholly owned
by citizens, or any government
is prohibited. An existing agreement becomes void
5 years after the effective date of this Constitution. Within that time, a new
agreement shall be concluded between the parties. When the national government
is a party, it shall initiate
negotiations.
Section
6. The national government
of the Federated States of Micronesia shall seek renegotiation of any agreement
for the use of land to which
the government of the United States of America is a
party.
Section
7. On assuming office, all
public officials shall take an oath to uphold, promote, and support the laws and
the Constitution as prescribed
by statute.
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. A proposed amendment shall become a
part of the Constitution when approved by 3/4 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.
Section
2. At least every 10 years,
Congress shall submit to the voters the question: "Shall there be a convention
to revise or amend the Constitution?".
If a majority of ballots cast upon the
question is in the affirmative, delegates to the convention shall be chosen no
later than
the next regular election, unless Congress provides for the selection
of delegates earlier at a special election.
ARTICLE
XV
Transition
Section
1. A statute of the Trust
Territory continues in effect except to the extent it is inconsistent with this
Constitution, or is amended
or repealed. A writ, action, suit, proceeding, civil
or criminal liability, prosecution, judgment, sentence, order, decree, appeal,
cause of action, defense, contract, claim, demand, title, or right continues
unaffected except as modified in accordance with the
provisions of this
Constitution.
Section
2. A right, obligation,
liability, or contract of the government of the Trust Territory is assumed by
the Federated States of Micronesia
except to the extent it directly affects or
benefits a government of a District not ratifying this
Constitution.
Section
3. An interest in property
held by the government of the Trust Territory is transferred to the Federated
States of Micronesia for retention
or distribution in accordance with this
Constitution.
Section
4. A local government and
its agencies may continue to exist even though its charter or powers are
inconsistent with this Constitution.
To promote an orderly transition to the
provisions of this Constitution, and until state governments are established,
Congress shall
provide for the resolution of inconsistencies between local
government charters and powers, and this Constitution. This provision
ceases to
be effective 5 years after the effective date of this
Constitution.
Section
5. The Congress may provide
for a smooth and orderly transition to government under this
Constitution.
Section
6. In the first
congressional election, congressional districts are apportioned among the States
as follows: Kusaie-1; Marianas-2; Marshalls-4;
Palau-2; Ponape-3; Truk-5; Yap-1.
If Kusaie is not a state at the time of the first election, four members shall
be elected on the
basis of population in Ponape.
ARTICLE
XVI
Effective
Date
Section
1. This Constitution takes
effect 1 year after ratification unless the Congress of Micronesia by joint
resolution specifies an earlier
date. If a provision of this Constitution is
held to be in fundamental conflict with the United Nations Charter or the
Trusteeship
Agreement between the United States of America and the United
Nations, the provision does not become effective until the date of
termination
of the Trusteeship Agreement.
-------------------------------
Editor's
note: Resolution No. 32 of
the Micronesian Constitutional Convention, adopted October 24, 1975, states:
"WHEREAS, in establishing the
government for the new Federated States of
Micronesia, and making provision for the governing of the various States, the
question
has arisen over whether this affects the traditional leaders of
Micronesia. It is not the intention of the Delegates to the Micronesian
Constitutional Convention to affect adversely any of the relationships which
prevail between traditional leaders and the people of
Micronesia, nor to
diminish in any way the full honor and respect to which they are entitled; now,
therefore,
BE IT
RESOLVED by the Micronesian Constitutional Convention of 1975 that it is the
consensus of this Convention that all due honor
and respect continue to be
accorded the traditional leaders of Micronesia, and nothing in the Constitution
of the Federated States
of Micronesia is intended in any way to detract from the
role and function of traditional leaders in Micronesia or to deny them the
full
honor and respect which is rightfully theirs;
and
BE IT FURTHER
RESOLVED that upon the signing of the Constitution, this Resolution be included
with all duplications of the Constitution
so that the intent of the Delegates
may be evident to all who read the Constitution of the Federated States of
Micronesia."
------------------------------------------------
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