Previous Story
Eligibility requirements
|
Posted on Jul 31 2008
Mr. Harry Blalock’s “Food for Thought” last weekend presented an interesting perspective and analysis surrounding the eligibility of Mr. Juan T. Lizama and the 180-day CNMI Constitutional provision that may affect his candidacy.
From the facts that were presented, I offer these findings:
First, the position of U.S. delegate is a “federal position” created by a federal provision with the recent passage of federal control of our local labor and immigration, which takes effect in May 2009.
Second, the qualifications for U.S. delegate are governed and created by the U.S. Constitution, not the CNMI Constitution. Under the U.S. delegate guidelines, all candidates are subject to the “age, citizenship, and residency requirements.”
With this in mind, the U.S. Constitution is the ultimate authority which establishes qualifications and upon which states cannot impose any additional qualifications through either its statutes or constitution. Hence, the 180-day CNMI constitutional provision is unconstitutional.
Another interesting perspective is if we ignore the underlying facts that I mentioned and go with the 180-day CNMI constitutional provision. First, the U.S. delegate position was created as a result of President Bush signing the law in May 2008 and creating a “special election” for this historic position. From the enactment of the law in May 2008 and up until the election in November 2008, it would be virtually impossible for Mr. Juan T. Lizama to have “reasonable time” or to “reasonably comply” with the constitutional provision since it will leave him with exactly six months to comply with the law.
The underlying fact is that if there are any suitable challenges concerning Mr. Juan T. Lizama’s eligibility, then I believe that any person or persons should bring forth a suit before the federal court so that the matter can be resolved once and for all.
“Rightful liberty is obstructed action according to our will within limits drawn around us by equal rights of others. I do not add ‘within the limits of law,’ because law is often but a tyrant’s will, and always so when it violates the rights of individual.”—Thomas Jefferson
[B]Danny Aquino Jr.[/B] [I]Susupe, Saipan[/I]
