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THE
FEDERATED STATES OF MICRONESIA
THE
CONSTITUTION OF THE
FEDERATED
STATES OF MICRONESIA
PREAMBLE..
1
ARTICLE
I - Territory of Micronesia.
2
ARTICLE
II - Supremacy.
2
ARTICLE
III - Citizenship.
2
ARTICLE
IV - Declaration of Rights.
3
ARTICLE
V - Traditional Rights.
4
ARTICLE
VI - Suffrage.
4
ARTICLE
VII - Levels of Government
4
ARTICLE
VIII - Powers of Government
4
ARTICLE
IX - Legislative.
5
ARTICLE
X - Executive.
8
ARTICLE
XI - Judicial
9
ARTICLE
XII - Finance.
11
ARTICLE
XIII - General Provisions.
12
ARTICLE
XIV - Amendments.
12
ARTICLE
XV - Transition.
13
ARTICLE
XVI - Effective Date.
13
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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 3/4 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 two-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 one 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 three 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.
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 2 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.
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, a court shall consult and apply
sources of the
Federated States of Micronesia
.
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.
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, a corporation not wholly owned by
citizens, or any government is prohibited.
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.
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.
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, 4 members shall be elected on the basis of
population in Ponape.
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.
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