macmeekin.com 

Dan MacMeekin         Attorney at Law        Washington, DC, USA

Home Up Library Island Links Biography Contact

ISLAND LAW

LibraryArticles

Analysis of the Fourteen Proposed Amendments 

to the FSM Constitution (as amended) 

by John R. Haglelgam

Return to the article outline

Back Next

[Allocation of Foreign Assistance]

[55.7% 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.]

12. Committee Proposal No. 01-24:

This proposed amendment would amend Section 1(b) of Article XII of the Constitution to require all foreign financial assistance to be deposited into a special fund and allocated between the national government and the four state governments pursuant to negotiated agreement. This applies to foreign aid grants not specifically earmarked for projects.

Under the current Constitutional provision, funds not specifically earmarked for projects should be divided equally among the four states and the national government.

Top of page

ANALYSIS:

The current Constitutional provision has been bypassed, circumvented, avoided and simply ignored. This provision is rendered inoperative because almost all foreign aid grants are provided specifically for certain projects. In cases where it would apply, the national government and the states would make sure that a formula was provided in the agreement for dividing the fund. In one or two cases, the national government just simply ignored the requirement of this provision.

This proposal will ensure that the constitutional provision regarding unspecified foreign aid grants is in compliance with current practices. This proposal will require negotiated agreements between the national government and the states in cases of unspecified foreign aid grants.

This proposed amendment is needed to incorporate the current practice in the Constitution and delete the one that no one follows.

©  John R. Haglelgam, March 4, 2002

Back Next

Top of page

Return to the article outline

 

  Dan MacMeekin  2000 -2008            Disclaimer  - the fine print                February  24, 2008

Partner,