macmeekin.com
Dan MacMeekin Attorney at Law Washington, DC, USA
ISLAND LAW
macmeekin.comDan MacMeekin Attorney at Law Washington, DC, USA
ISLAND LAW |
Analysis of the Fourteen Proposed Amendmentsto the FSM Constitution (as amended)by John R. Haglelgam[Independent Prosecutor][53% of the voters in the August 27, 2002, referendum voted in favor of this amendment. A 75% affirmative vote was required to pass the amendment, so the amendment failed.] 5. Committee Proposal No. 08:This proposed amendment would add a new Section 4 to Article XII, by creating the Office of Independent Prosecutor. As envisaged by this proposal, the Office of Independent Prosecutor will be an independent agency of the national government. To protect its independence, the proposal requires that the president can only dismiss the Independent Prosecutor with the consent of 2/3 of the members of Congress. It also provides that the agency shall be adequately funded and prohibits the national government from passing laws, adopting regulations, or issuing directives, which have the intent or effect of diminishing or eliminating the independence of this agency. The Independent Prosecutor is appointed by the president and subject to the advice and consent of 2/3 of the Congress. He serves one six-year term and may not be re-appointed to a consecutive term. In case of removal from office, the Chief Justice will "immediately appoint" an acting Independent Prosecutor who serves until a successor is appointed and confirmed by Congress. The Independent Prosecutor is empowered to investigate and prosecute any person or agency at the national level, state level, or local level that receives, spends or administers public funds from the national government. His investigative and prosecutorial powers extend to the commission of any national offense by any national official and obstruction of his investigation and commission of perjury. He may compel the testimony of witnesses under oath and the production of documents. ANALYSIS:The language of this proposal is self-executing and it accords the Independent Prosecutor the protection he or she needs from pressures of the two political branches of the national government. Because of his constitutional independence and insulation from political pressure, the Independent Prosecutor will be in a much stronger position to investigate and prosecute white-collar crimes and crimes involving high officials of the national government. This political independence and insulation from politics is something that the attorney general does not enjoy today. One main concern about this proposal should be the cost that it will add to the national budget. In this time of budget austerity and funding uncertainty, this proposed Independent Prosecutor Office will expand the national government budget. The voters must decide whether the need to investigate and prosecute white collar crimes outweighs the need to keep the national budget from expanding. © John R. Haglelgam, March 4, 2002
|
Dan MacMeekin 2000 -2008 Disclaimer - the fine print February 24, 2008 Partner,
|
