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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[Introduction]In this paper, I will discuss and analyze the fourteen proposed amendments adopted by the Third FSM Constitutional Convention, which was convened on November 12, 2001 in the FSM Congress Chamber at the national capital in Palikir. The FSM Congress established this Convention in accordance with the wish of the majority of the voters who cast their ballots in the general election in March of 1999 on the question: "Shall there be a convention to revise or amend the (FSM) Constitution?" As required by Section 2 of Article XIV of the FSM Constitution, this question must be submitted to the voters at least every 10 years. The last constitutional convention was held in 1990, which adopted 25 proposed amendments. Of these 25 proposals, only three were ratified in the 1991 referendum. This Convention had fourteen delegates who were elected in 2000. Of the fourteen delegates, six represented Chuuk, four Pohnpei, two Kosrae, and two Yap. As a group, members of the Convention epitomize an interesting mix of professional backgrounds. There were four lawyers, three career diplomats, two bankers, two educators, two employees of fishery-related agencies, and one politician. Unlike the Convention in 1990, this one had a female member who held the at-large seat from Pohnpei. By all accounts this Convention was, perhaps, the most amicable gathering of elected leaders since the founding of this country. The members came to the Convention with the stated purpose of (1) enhancing national unity; (2) seeking an equitable distribution of financial resources between the states and the national government; (3) empowering the people to elect their president and vice president; and (4) redressing the perceived abuse of public funds. The fourteen proposed amendments addressed these goals in one form or another. I have arranged the fourteen proposals in numerical order. For each proposal, I begin with a factual discussion and move on to the analysis. In analyzing each proposed amendment, I try as much as I can to be impartial and objective. If I come through to you as passionate and biased, it is not intended. My intention is to present the facts and the analysis in an objective manner so you can make your decision based on informed opinion. I hope you find the discussion and the analysis for each proposal informative and useful. Here are the proposed amendments adopted by the constitutional convention. These proposals will be submitted to the voters for approval in a plebiscite that was originally scheduled by the Convention for May 7, 2002. However, in its last special session the FSM Congress authorized the President by statute to postpone the referendum to a later date, but not later than December of this year. Although the President has not set a new date for the referendum, July or August has been mentioned as possibility. I think the referendum needs to be postponed to allow adequate time for public education. © John R. Haglelgam, March 4, 2002
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