2002 Micronesian constitutional referendum

Last updated

A constitutional referendum was held in the Federated States of Micronesia on 27 August 2002. Voters were asked whether they approved of 14 separate amendments to the country's constitution. To be approved, the proposal required at least 75% of voters in at least three of the four states to vote in favour. [1] Ultimately all 14 proposals were rejected, as none passed the 75% threshold in any state.

Contents

Background

The Micronesian constitution requires a referendum to be held every 10 years on convening a constitutional convention. [1] Such a referendum had been held in 1999, with a majority in favour of a convention. [1] A Constitutional Convention was subsequently elected in 2001. It sat from 12 November until 26 December 2001 and proposed 14 constitutional amendments. [1]

On 8 March 2002 President Leo Falcam proposed holding a referendum on two proposals (electoral system and direct election of the president and vice president) on 27 August and the remaining eleven proposals to be held alongside the 2003 parliamentary elections. [1] However, he changed the plans on 19 April so that all 14 proposals would be put to voters on the same day. [1]

Proposed constitutional amendments

Ref no.Proposal
CP 01-01To amend Article XI, section 2 of the Constitution of the Federated States of Micronesia, to require that a minimum of four justices shall serve on the bench of the FSM Supreme Court; to require that at least one justice reside in each of the four states; and to provide that the Chief Justice may appoint a justice pro tem if a vacancy that causes the total number of justices to fall below four is not filled within one year. [1]
CP 01-02To amend Article III, sections 1, 2, 3, 4 and 5 of the Constitution of the Federated States of Micronesia to allow FSM citizens to hold dual citizenship. [2]
CP 01-05To amend Article XI, sections 6(a) and 6(b) of the Constitution of the Federated States of Micronesia by deleting the words "including the trial division of the Supreme Court" and inserting an exception to the relevant Article that will prohibit or strip the National Courts of any jurisdiction whatsoever in cases where ownership of land and waters are at issue regardless of the diversity of citizenship. [3]
CP 01-07To enact a new section 8 of Article XIII of the Constitution of the Federated States of Micronesia, to provide for full faith and credit among the States. [4]
CP 01-08To enact a new section 4 of Article XII of the Constitution of the Federated States of Micronesia, to create the Office of the Independent Prosecutor. [5]
CP 01-09To enact a new section 8 of Article X of the Constitution of the Federated States of Micronesia, to provide for a continual annuity for former Presidents and Vice Presidents and to renumber sections 8 and 9. [6]
CP 01-11To amend Article XIII, section 1 of the Constitution of the Federated States of Micronesia, to require the National Government to establish certain standards for primary and secondary schools and to establish a fund to help the schools meet those standards. [7]
CP 01-13To amend Article IX, section 3 of the Constitution of the Federated States of Micronesia by enacting a new subsection (d) for the purpose of conferring on the National Government and State Governments the concurrent power to levy value-added taxes. [8]
CP 01-15To amend Article IX, section 5 of the Constitution of the Federated States of Micronesia for the purpose of altering the distribution of tax revenue between the National Government and the States to increase the States' share of revenue from not less than 50 percent to not less than 80 percent. [9]
CP 01-16To amend Article IX, section 8 of the Constitution of the Federated States of Micronesia, to provide for the number of at large members and the length of terms of members of Congress, and a limitation on the number of years a member of Congress may serve. [10]
CP 01-21To amend Article X, sections 1, 4, 5 and 6 of the Constitution of the Federated States of Micronesia, to provide for direct election of the President and Vice President. [11]
CP 01-24To amend Article XII, section 1(b) of the Constitution of the Federated States of Micronesia, relating to foreign financial assistance. [12]
CP 01-25To amend Article IX, sections 8 and 20 of the Constitution of the Federated States of Micronesia, to provide for the number of votes required to pass a bill on First and Second Readings. [13]
CP 01-26To amend Article IX, subsection 2(q) of the Constitution of the Federated States of Micronesia, to provide for the number of votes required to override a Presidential veto. [14]

Results

ProposalForAgainstInvalid/
blank votes
Total
votes
Registered
voters
Turnout
Votes%StatesVotes%States
CP 01-017,52752.2306,88547.77453615,00567,09922.36
CP 01-027,73954.1406,55545.864711
CP 01-057,72853.6906,66646.314611
CP 01-077,71853.5806,68646.424601
CP 01-087,60053.8406,51646.164889
CP 01-093,75725.89010,75274.114496
CP 01-119,03763.3005,23936.704729
CP 01-137,28450.4907,14249.514579
CP 01-158,26357.5006,10842.504634
CP 01-166,21043.1408,18656.864609
CP 01-217,58952.8706,76547.134651
CP 01-248,00153.9206,83746.084167
CP 01-257,15449.8507,19750.154654
CP 01-267,55553.2406,63546.764815

Related Research Articles

<span class="mw-page-title-main">Initiative</span> Concept in political science

In political science, an initiative is a means by which a petition signed by a certain number of registered voters can force a government to choose either to enact a law or hold a public vote in the legislature in what is called indirect initiative, or under direct initiative, where the proposition is put to a plebiscite or referendum, in what is called a Popular initiated Referendum or citizen-initiated referendum.

A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions, thus changing the frame of government without altering the existing text of the document.

In Australian history, the term Constitutional Convention refers to four distinct gatherings.

A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority rules in a democracy can help to prevent a majority from eroding fundamental rights of a minority, but they can also hamper efforts to respond to problems and encourage corrupt compromises in the times action is taken. Changes to constitutions, especially those with entrenched clauses, commonly require supermajority support in a legislature. Parliamentary procedure requires that any action of a deliberative assembly that may alter the rights of a minority have a supermajority requirement, such as a two-thirds vote.

Referendums have been held in Australia to approve parliament-proposed changes to the Constitution of Australia or to the constitutions of states and territories.

<span class="mw-page-title-main">2007 Micronesian parliamentary election</span>

Parliamentary elections were held in the Federated States of Micronesia on 6 March 2007, alongside a double referendum. Thirty-five candidates competed for the fourteen seats in Congress. As there were no political parties, all candidates ran as independents.

<span class="mw-page-title-main">2005 Micronesian parliamentary election</span>

Parliamentary elections were held in the Federated States of Micronesia on 8 March 2005, alongside a three-part referendum. As no political parties existed, all 23 candidates for the 10 available seats in Congress ran as Independents.

<span class="mw-page-title-main">2011 Micronesian parliamentary election</span>

Parliamentary elections were held in the Federated States of Micronesia on 8 March 2011, alongside a three-part referendum. As there were no political parties, all 34 candidates ran as independents. For the first time in the country's history, two women ran for election, both in Chuuk State. However, neither was elected.

<span class="mw-page-title-main">1989 Micronesian parliamentary election</span>

Parliamentary elections were held in the Federated States of Micronesia on 7 March 1989 alongside a referendum on electing a Constitutional Convention. All candidates for seats in Congress ran as independents. The referendum was held in compliance with article 2, section 9 of the constitution, which specified that there must be a referendum on convening a Constitutional Convention at least every ten years. It was approved by 71% of voters, and the Constitutional Convention election was subsequently held in 1990.

<span class="mw-page-title-main">1942 Uruguayan constitutional referendum</span>

A constitutional referendum was held in Uruguay on 29 November 1942, alongside general elections. The new constitution was approved by 77.17% of voters.

<span class="mw-page-title-main">1995 Micronesian imports referendum</span>

A referendum on the powers of the federal government to levy taxes on imports was held in the Federated States of Micronesia on 4 July 1995. Congress had adopted Public Law 8-135 on the matter, which would have altered article II of Chapter IX of the constitution. However, the move was vetoed by President Bailey Olter on 22 March. As a result, the referendum was held alongside by-elections for Congress. A three-quarter majority was required in three of the four states, but the proposal was rejected by voters.

<span class="mw-page-title-main">1999 Micronesian referendum</span>

A four-part referendum was held in the Federated States of Micronesia on 1 July 1999. Voters were asked whether a constitutional convention should be called, whether they approved of a proposal on the distribution of revenues from the country's exclusive economic zone (EEZ), whether the amount of tax revenues distributed to the states should rise from 50% to 70%, and whether states should be given exclusive ownership of their natural resources. The latter three had originally been planned to be held alongside the parliamentary elections in March, but were postponed due to a lack of funds to print the ballot papers.

<span class="mw-page-title-main">1993 Northern Mariana Islands referendum</span> Ballot measures in the Northern Mariana Islands

A three-part referendum was held in the Northern Mariana Islands on 6 November 1993. Voters were asked whether they approved of two constitutional amendments regarding collective land ownership of native islanders and the veto powers of the Governor, and whether a Constitutional Convention should be elected. All three proposals were approved by voters.

<span class="mw-page-title-main">2002 Azerbaijani constitutional referendum</span>

A constitutional referendum was held in Azerbaijan on 24 August 2002. Voters were asked eight separate questions, all of which were approved with at least 96% voting in favour.

<span class="mw-page-title-main">1967 Philippine constitutional plebiscite</span>

A constitutional referendum was held in the Philippines on 14 November 1967. On 16 March 1967 Congress decided that a Constitutional Convention would be elected in 1971. In preparation for the election, two amendments to the constitution were proposed beforehand. Voters were asked whether they approved of two amendments to the Constitution of the Philippines; one to increase the number of members of the House of Representatives from 120 to 180, and one to allow members of Congress to be elected to Constitutional Conventions without giving up their Congress seats. A petition seeking to stop the referendum was filed before the Supreme Court, but was dismissed five days before the referendum. Both proposals were rejected by voters.

A fifteen-part constitutional referendum was held in Colombia on 25 October 2003. Whilst all fifteen proposals were approved by voters, only one question had a sufficient numbers of votes to pass the 25% quorum requirement.

A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This article summarises referendum laws and practice in various countries.

<span class="mw-page-title-main">2017 Micronesian parliamentary election</span>

Parliamentary elections were held in the Federated States of Micronesia on 7 March 2017, alongside a referendum on allowing dual citizenship. Although the proposed constitutional amendment to allow dual citizenship was approved by a majority of voters, it did not pass the threshold of 75% voting in favour in at least three of the four states.

<span class="mw-page-title-main">1996 Northern Mariana Islands constitutional referendum</span> Ballot measures in the Northern Mariana Islands

A nineteen-part referendum was held in the Northern Mariana Islands on 2 March 1996. Voters were asked whether they approved of constitutional amendments of each chapter, with a separate vote on each. All amendments were rejected.

<span class="mw-page-title-main">2019 Micronesian parliamentary election</span>

Parliamentary elections were held in the Federated States of Micronesia on 5 March 2019, alongside a referendum on calling a Constitutional Convention. All 14 seats in Congress were up for election, and all 13 incumbents standing for re-election were returned to Congress.

References

  1. 1 2 3 4 5 6 7 Federated States of Micronesia, 27 August 2002: At least four judges in the Supreme Court, at least one per state Direct Democracy (in German)
  2. Federated States of Micronesia, 27 August 2002: Dual citizenship Direct Democracy (in German)
  3. Federated States of Micronesia, 27 August 2002: Oberstes Gericht befindet nicht mehr über Land- und Wasserfragen Direct Democracy (in German)
  4. Federated States of Micronesia, 27 August 2002: Verbindlichkeit der Entscheidungen der Staaten untereinander Direct Democracy (in German)
  5. Federated States of Micronesia, 27 August 2002: Introduction of an Ombudsman Direct Democracy (in German)
  6. Federated States of Micronesia, 27 August 2002: Renten für ehemalige Präsidenten und Vizepräsidenten Direct Democracy (in German)
  7. Federated States of Micronesia, 27 August 2002: Bildungsziele und nötige Mittel dazu Direct Democracy (in German)
  8. Federated States of Micronesia, 27 August 2002: Bund und Staaten dürfen Mehrwertsteuer erheben Direct Democracy (in German)
  9. Federated States of Micronesia, 27 August 2002: Proportion of tax revenues to states to at least 80% Direct Democracy (in German)
  10. Federated States of Micronesia, 27 August 2002: Size of congress and term length restrictions Direct Democracy (in German)
  11. Federated States of Micronesia, 27 August 2002: Direct election of the president and vice president Direct Democracy (in German)
  12. Federated States of Micronesia, 27 August 2002: Verteilung ausländischer Finanzhilfe Direct Democracy (in German)
  13. Federated States of Micronesia, 27 August 2002: Majority for laws in the second reading Direct Democracy (in German)
  14. Federated States of Micronesia, 27 August 2002: Majority to overturn a presidential veto Direct Democracy (in German)