Public Education on Proposed Constitutional Amendments
by
Public Education on Proposed Constitutional
Amendments Committee (PECAC)
for
March 8, 2011 Election
PECAC Task Force Members
1.
2.
3.
4.
5.
6.
7.
8.
Dr. Rufino Mauricio – Chairman (PNI)
Samari Suta
- Vice Chairman (CHK)
Arthy Nena
-Treasurer (KOS)
Jesse Giltmag
-Secretary (YAP)
Arthur Albert
-Member (KOS)
Dionis Saimon
-Member (PNI)
Kandhi Elieisar
-Member (CHK)
Mathew Chigiyal -Member (YAP)
Part 1
OUTLINE OF PRESENTATION
FOUR (4) MAIN PARTS:
1.
Introduce the mission/mandate of the Task Force
•
2.
Guiding Principles in the Conduct of Public Education on Proposed
Amendments
Provide a brief description of the process of amending the FSM
Constitution and the requirement for a proposed amendment to
pass;
3. Introduce/describe the Proposed Amendments:
– Introduce the public laws that introduce each of the proposed
amendments;
– Show the relevant Sections of the Constitution being proposed to
be amended;
– Provide an interpretation of each of the proposed amendments;
4. Sample Ballots
PART I
Guiding Principle in Conducting Public Education
To guide educators:
– Public Education must be in accordance with the
Rule of Statutory Construction or “Plain Meaning
Rule” - the Statutory Text;
– Explain what the text of the law states;
PART I
PART II
THE PROCESS OF AMENDING/CHANGING
the FSM Constitution?
PART II
How to AMEND/CHANGE the FSM
Constitution?
There are 2 PROCESSES INVOLVED in amending
the constitution:
1. PROPOSAL
2. RATIFICATION (Approval)
PART II
PROPOSAL
How to make proposed amendments to the FSM
Constitution
ARTICLE XIV (14)
Amendments
Section 1. An
. 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.
PART II
Proposed amendments to the Constitution – Explanatory
Notes
Proposed amendments can be done in three ways:
1. Constitutional convention process
2. Popular Initiative (Public Petition)
3. Congress **
PART II
RATIFICATION
• PROPOSALS are submitted to the people to
vote - YES
or NO
• As in March 8, 2011 General Election.
Part II
Approval Requirements for Proposed
Amendments
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
. 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.
PART II
Approval Requirement – Explanatory Notes
At least three of the FSM states must each have
¾ affirmative votes of votes cast.
If ratify, President Issue a Proclamation within 15
days announcing the approval of an amendment.
Effectiveness is retroactive to DATE of election.
PART II
PART III:
AMENDMENTS
PART III
TWO (2) PROPOSED AMENDMENTS
By FSM CONGRESS passing:
1. Public Law 15-61
2. Public Law 15-60
PART III
Proposed Constitutional AMENDMENT 1
REPEAL Section 3 of Article III of the FSM Constitution
DELETE Section 3 of Article III of the FSM Constitution
ERASE
Section 3 of Article III of the FSM Constitution
Part III
Existing TEXT
of
Article III, Section 3 of FSM Constitution
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 18th 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 of Micronesia 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.
Part III
NOTES ON EXISTING TEXT:
•
Currently, dual citizenship is allowed for persons between age 0 –
18/<21;
•
At age 18, one has to register within 3 years his/her intend of his/her
citizenship;
•
If one fails to register he/she becomes a NATIONAL therefore
•
•
•
No right to vote;
Can’t run for public office
Can’t own lands in FSM
Part III
First Proposed Amendment – Dual Citizenship
(by PL 15-61)
PROPOSES TO REPEAL SECTION 3, ART. III OF THE
CONSTITUTION AS FOLLOWS:
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.
. (Amended by PL No. 15-61)
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.
PART III
Legal Interpretation – Repeal Section 3 of Article III
 Proposed Amendment removes the
requirement for one to “…Register his/her
Intend…”;
 In so doing, it allows for a person to have
DUAL/MULTIPLE CITIZENSHIP.
PART III
Second Proposed Amendment
by Public Law 15-60
Two Parts:
1.
2.
Section 1 – Congressional Term
Section 2 – Eligibility for Presidency
PART III
FIRST PART – TERM of Congress Members
(Section 1 of PL 15-60)
Proposes to amend SECTION 8, ARTICLE IX of the CONSTITUTION as
follows:
ARTICLE IX
Legislative
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
serve for a 4-year term
. Each member has one vote, except on the final reading of
bills. Congressional elections are held
as provided by
statute. (Amended by PL No. 15-60 Section 1)
PART III
Legal Interpretation – Making 2-year term congress members 4-year term
(Amend Section 8 of Article IX)
• Makes the TERM of ALL MEMBERS of FSM
Congress a 4-year;
• Consequently, it also removes the requirement
for election to be held every 2 years - but to be
held as provided by law;
PART III
SECOND PART – Eligibility for Presidency
(Section 2 of PL 15-60)
Proposes to amend SECTION 4, ARTICLE X of the CONSTITUTION as
follows:
ARTICLE X
Executive
Section 4. A person is ineligible to become President unless he is a
member of Congress
, a citizen of the Federated States of Micronesia by
birth, and a resident of the Federated States of Micronesia for at least 15
years. (Amended by PL No. 15-60 Section 2)
PART III
Legal Interpretation – Eligible Congress Members for President
Amend Section 4 of Article X
• It is a Consequential amendment to maintain
status quo (or existing condition or what is
currently defined NOW);
• It clarifies that only the 4 members elected at
large from each State can run for the Office of
the FSM President.
PART III
Effective Date
If proposed amendments are approved by the
people in March 2011 General Election, the
amendments become effective on the Election
Day (March 8, 2011).
Part 1
PART IV
THE BALLOT
SAMPLE OF WHAT WE WILL SEE ON
THE BALLOT COMES MARCH 2011
Part 1
SAMPLE Ballot (FSM)
A.__ AMENDMENT – P.L. NO. 15-60, for the purpose of increasing the length of the terms for
members of Congress elected from congressional districts in each state based on population to four
years.
Public Law No. 15-60 proposes that section 8, article IX, and section 4, article X, of the FSM
Constitution be amended to read as follows, respectively:
“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 serve for a four (4) year term. Each member has one vote,
except on the final reading of bills. Congressional elections are held as provided by statute.”
“Section 4. A person is ineligible to become President unless he is a member of Congress elected at
large from a state on the basis of state equality, a citizen of the Federated States of Micronesia by
birth, and a resident of the Federated States of Micronesia for at least 15 years.”
Do you approve of the proposed amendment to the Constitution:
YES
NO
Ballot
Ballot (FSM)
B.__AMENDMENT – P.L. NO. 15-61, for the purpose of enabling citizens of the Federated States of
Micronesia to retain or obtain citizenship of another state without being required to relinquish
citizenship of the Federated States of Micronesia.
Public Law No. 15-61 proposes that section 3, article III, of the FSM Constitution which states, to
wit:
“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 18th 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 of
Micronesia 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.”
Be REPEALED in its entirety.
Do you approve of the proposed amendment to the Constitution:
YES
NO
Ballot
Important Dates
• Request to vote at the special polling places
must be received by the National Election
Commission by February 5, 2011
• Last day to send absentee ballots by mail is
January 26, 2011
• Election Day is March 8, 2011
Additional Information
Website: www.fsmpio.fm/pecac.htm
• Sample Ballot
• Public laws (PL 15-60 & PL 15-61) on proposed constitutional
amendments
• J&GO Standing Committee Reports
• Schedule of Events (Public Education)
• Election materials
Contacts:
• Chairman, Dr. Rufino Mauricio
Email address: fsmunesco@mail.fm
Part 1
FINAL PART
SHARE AND DISCUSS YOUR IDEAS
DISCUSSION – dual citizenship
Congress Standing Committee Report No. 15-145 articulates the following:
• Recognize this as 3rd attempt;
• However, at public hearings witnesses support the bill (dual citizenship
concept);
• Overall view that Section 3, Art 3:
–
is inconsistent with the respective states’ customary believe and practices in passing
on land to children through customary inheritance;
– deprives citizens of opportunities in US military should they elect to retain their FSM
citizen;
– strips citizens of their right to vote and to hold FSM passports when they give up their
FSM citizenship;
 Primary concern – relates to the right to own lands – that the existing
prohibition protects lands for the benefits of bona fide (genuine) citizens;
• Committee concludes that prior public education program on prior
proposals was not effective in explaining the intent and purpose;
• Committee suggests that voters be given sufficient opportunities to learn
pros and cons of the proposed constitutional amendments;
Discussions
DISCUSSION – Uniform Congress 4-year Term
Congress Standing Committee Report No. 15-147 articulates the following:
• Intent and purpose of the proposal is ..”to increase the length of terms for
members of congress elected from congressional districts in each state
based on population to four years.”
• It would not “affect any changes in qualifications or selection of the
President and Vice President”;
• Committee held public hearings and witnesses support the proposal
(TC&I, Justice and reps from President’s Office;
• Removes requirement to hold costly elections – making funds available
for other useful purposes;
• Lessen the frequency of appropriations for small projects;
• Allow members to devote time on long-term projects;
• Prolong election – minimize social problems associated with elections;
Discussions
Pros and Cons
Amendment 1 – Dual citizenship
Pros
• Dual citizenship
• More opportunities
• Inheritance of land will be
intact.
• Opportunity to rise to
restricted military ranks
• Naturalization Process intact
• Those of you who have
children with dual citizenship
now, will not be required to
declare when they reach age
18 for a single citizenship
Cons
• Social Changes
• Allegiance & Loyalty
Pros and Cons
Amendment 2 – Uniform 4-year Term
Pros
• Less Expense to the
Government for Election
• Less Social Problems due to
less frequency of Elections
held
• Extend Service Years (from 2
to 4 years)
Cons
• Short-term Projects (from 2
to 4 years)
• Ineffective leaders remain in
Office for 4-years
• Lack of check-and-balance
DUAL CITIZENSHIP
Questions:
•Children of FSM Nationals?
Citizen by Ancestry
•The proposed Amendment on dual
citizenship if approved is NOT Retroactive
 Therefore, one has to go thru the
Naturalization Process
Part 1