No to a constitutional convention

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Posted on Aug 19 2005
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By John S. Delrosario Jr.

A third constitutional convention is best left in the back burner for now.

It’s too costly and has become a launch pad for aspiring politicians, most of whom are usually out of focus on the difference between constitutional and statutory issues.

In fact, alternatives are provided to amend, repeal or include other provisions. It’s a mechanism that would save both time and energy, including a huge savings for taxpayers.

If voters feel so strongly about a certain issue, i.e., repeal of certain constitutional provisions, then one can undertake one of following procedural approaches:

1). A legislative initiative: a measure proposing a specific action on a given constitutional issue. 2). A popular initiative: a proposal originating from the general public. In either case, there are procedural requirements that must be met.

Whichever method is chosen, the proposal must be presented to the people for discussion. It is in these discussions that we draw from the collective pearls of wisdom on the need to amend, repeal or insert other constitutional issues. Furthermore, it prevents worthy proposals from turning into raisins of folly or political waste as happened in recent years when the work product of the second constitutional convention was shot down in its entirety.

Through popular initiative, we must restore full legislative authority on taxation. We must abolish statutory provisions allowing government agencies to impose fees. Aren’t these fees a form of taxation? Why have we allowed agencies to exercise a power solely the purview of the Legislative Branch?

This has gone out of control. It’s basically an avenue to impose double, triple, quadruple taxation that slowly kills wealth and jobs creation.

Next, the public must assertively move a proposal to require any legislative appropriation to identify sources of funds. If funds don’t exist, then the proposed measure should be considered dead on arrival. This prevents and discourages a build-up of unfunded liabilities. It’s the least we need in these bad times. Let’s save ourselves from ourselves.

There’s also the dire need to reduce the size of the entire government. A desk audit must be mandated to determine if a need exists for additional jobs. Why are taxpayers paying for more highly paid government jobs? Do we really need 5,000 government employees? Against taxes we pay, have services improved for the amount of money we pay these employees? We spend over 90 percent on salaries on any annual appropriation. What about funds for programs? No wonder most employees are out cruising on expensive cars rather than working. This is the time to learn living within our means.

The current bicameral legislature must be reduced to a unicameral system. It should comprise of 12 members elected on an island-wide basis per senatorial district, one each from Tinian and Rota. Taxpayers can realize some $3 million in savings put to better use.

The NMI needs to revisit the relevance of Article XII. Specifically, why keep it in perpetuity or should it be repealed in its entirety? Who can vote on the disposition of this provision? Should it be limited to the indigenous people? Or should voting be based on citizenship, in this case, U.S. citizenship? If we keep it, we tell people how to dispose of their property; if we repeal it, then we grant landowners real ownership in the disposition of their land. It’s wide open for discussion.

The use of public land for investment has diminished considerably in recent years. Is there a need to continue limiting private land leases to 55 years or public land to 45 years? Or should this be expanded to 100 years? How has the current arrangement encouraged construction of transitory (temporary) rather than permanent facilities on investments? These are issues that we must consider relating to the disposition of a very limited public land. How would you dispose of this matter?

(John S. DelRosario Jr. was a publisher of the Saipan Tribune. He covered the Micronesian Constitutional Convention in the summer of 1975 under Dr. PF Kluge.)

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