Pros and cons of a CocCon

Holding a Constitutional Convention may be either a chance to make necessary changes toward more responsible government practices or a costly exercise in futility, according to the Commonwealth Election Commission.

A voter’s manual issued by the commission lays out the pros and cons of Constitutional Convention question that will appear on the Nov. 5, 2005 election ballot.

In the manual, the Election Commission said that there were several amendments that currently need to be made to the Constitution. While elected leaders could not be depended upon to focus on the needed changes, a 27-member Constitutional Convention acting as a Legislature would provide a vehicle for a new group of people to focus on changes that should be made in the Commonwealth.

The commission cited some issues that a Constitutional Convention could address: land alienation and public land matters, especially for investment purposes; an elected attorney general; and a requirement to improve the process and transparency of legislative deliberations.

Another issue mentioned was the constitutional protection currently afforded board appointees. The commission said board members’ tenure of office should be coterminous with the governor to give each new chief executive the opportunity to appoint people who understand the administration’s expectations better.

However, the Election Commission added that support of the elected leaders was critical for a Constitutional Convention to succeed. “Otherwise, they can go out and campaign against all changes, which they did in 1995, then turned around and on a piecemeal basis, took some of the work and introduce legislation,” the agency said.

Changes to the Constitution could also be made through two other means: a legislative initiative and a popular initiative. “So why do we need a constitutional convention when there are other tools available? What should this convention accomplish that the people themselves and the Legislature cannot do?” the commission said, arguing against the convention.

The CNMI’s experience with the past three constitutional conventions can also provide voters some idea of what a fourth one can do, according to the commission.

“Armed with legislative-type agendas built upon frustration over legislative sessions which have in their view resulted in nothing, or a mindset that places provincial concerns over the ‘big picture’ Commonwealth-wide concerns, little, if nothing, will actually be done,” the commission said. “The convention in all likelihood will end up looking, sounding, and acting like the legislature. Do we really want to spend precious public funds on another legislative body?”