Law of the Northern Mariana Islands

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The law of the Northern Mariana Islands includes:

As a territory of the United States, United States federal law applies to the CNMI, though many laws that apply to the 50 states do not cover the Commonwealth. Unlike states, the U.S. federal government has direct control over territories, limited only by the Covenant. As an unincorporated territory, not all of the provisions of the United States Constitution apply.

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Cases under federal law are heard before the District Court for the Northern Mariana Islands. Unlike federal Article III courts in the 50 states, the District of Columbia, and Puerto Rico, this is a United States territorial court established under Congress's territorial power under Article VI of the United States Constitution, so judges do not have lifetime appointments. Cases under territorial law are heard by the Superior Court of the Commonwealth of the Northern Mariana Islands, with appeals heard by the Supreme Court of the Commonwealth of the Northern Mariana Islands.

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<span class="mw-page-title-main">Northern Mariana Islands</span> Commonwealth of the United States

The Northern Mariana Islands, officially the Commonwealth of the Northern Mariana Islands, is an unincorporated territory and commonwealth of the United States consisting of 14 islands in the northwestern Pacific Ocean. The CNMI includes the 14 northernmost islands in the Mariana Archipelago; the southernmost island, Guam, is a separate U.S. territory. The Northern Mariana Islands were listed by the United Nations as a non-self governing territory until 1990.

A dependent territory, dependent area, or dependency is a territory that does not possess full political independence or sovereignty as a sovereign state, yet remains politically outside the controlling state's integral area.

In the United States, a territory is any extent of region under the sovereign jurisdiction of the federal government of the United States, including all waters. The United States asserts sovereign rights for exploring, exploiting, conserving, and managing its territory. This extent of territory is all the area belonging to, and under the dominion of, the United States federal government for administrative and other purposes. The United States total territory includes a subset of political divisions.

<span class="mw-page-title-main">Insular area</span> U.S. territory that is neither a U.S. state nor the District of Columbia

In the law of the United States, an insular area is a U.S.-associated jurisdiction that is not part of the 50 states or the District of Columbia. This includes fourteen U.S. territories administered under U.S. sovereignty, as well as three sovereign states each with a Compact of Free Association with the United States. The term also may be used to refer to the previous status of the Philippine Islands and the Trust Territory of the Pacific Islands when it existed.

<span class="mw-page-title-main">Territories of the United States</span>

Territories of the United States are sub-national administrative divisions overseen by the federal government of the United States. The various American territories differ from the U.S. states and Indian reservations as they are not sovereign entities. In contrast, each state has a sovereignty separate from that of the federal government and each federally recognized Native American tribe possesses limited tribal sovereignty as a "dependent sovereign nation." Territories are classified by incorporation and whether they have an "organized" government through an organic act passed by the Congress. American territories are under American sovereignty and, consequently, may be treated as part of the United States proper in some ways and not others. Unincorporated territories in particular are not considered to be integral parts of the United States, and the Constitution of the United States applies only partially in those territories.

Commonwealth is a term used by two unincorporated territories of the United States in their full official names, which are the Northern Mariana Islands, whose full name is Commonwealth of the Northern Mariana Islands, and Puerto Rico, which is named Commonwealth of Puerto Rico in English and Estado Libre Asociado de Puerto Rico in Spanish, translating to "Free Associated State of Puerto Rico." The term was also used by the Philippines during most of its period under U.S. sovereignty, when it was officially called the Commonwealth of the Philippines.

In the United States, each state has its own written constitution.

<span class="mw-page-title-main">District Court for the Northern Mariana Islands</span> United States territorial court

The District Court for the Northern Mariana Islands is a federal territorial court whose jurisdiction comprises the United States-affiliated Commonwealth of the Northern Mariana Islands (CNMI). It was established by Act of Congress in 1977, pursuant to an international agreement between the United States and the CNMI that brought the CNMI under United States sovereignty. The court began hearing cases in January 1978. The court regularly sits in Saipan but may sit elsewhere in the CNMI. The court has the same jurisdiction as United States district courts, including diversity jurisdiction and bankruptcy jurisdiction. However, the District Court is not an Article III U.S. District Court, and because of that its judge is appointed for a 10-year term instead of for life. Appeals are taken to the Ninth Circuit.

The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primarily of the U.S. Supreme Court, the U.S. Courts of Appeals, and the U.S. District Courts. It also includes a variety of other lesser federal tribunals.

Federal tribunals in the United States are those tribunals established by the federal government of the United States for the purpose of resolving disputes involving or arising under federal laws, including questions about the constitutionality of such laws. Such tribunals include both Article III tribunals as well as adjudicative entities which are classified as Article I or Article IV tribunals. Some of the latter entities are also formally denominated as courts, but they do not enjoy certain protections afforded to Article III courts. These tribunals are described in reference to the article of the United States Constitution from which the tribunal's authority stems. The use of the term "tribunal" in this context as a blanket term to encompass both courts and other adjudicative entities comes from section 8 of Article I of the Constitution, which expressly grants Congress the power to constitute tribunals inferior to the Supreme Court of the United States.

The Constitution of the Commonwealth of the Northern Mariana Islands is the governing document of the United States Commonwealth of the Northern Mariana Islands ("CNMI"). Its creation was required by the covenant between the United States and the CNMI. It was drafted at a local constitutional convention in 1976, approved by territorial voters in a referendum on March 6, 1977, and became effective January 9, 1978.

<span class="mw-page-title-main">Northern Mariana Islands Commonwealth Legislature</span> Territorial legislature of the Northern Mariana Islands

The Northern Mariana Islands Commonwealth Legislature is the territorial legislature of the U.S. commonwealth of the Northern Mariana Islands. The legislative branch of the territory is bicameral, consisting of a 20-member lower House of Representatives, and an upper house Senate with nine senators. Representatives serve two-year terms and senators serve four-year terms, both without term limits. The territorial legislature meets in the commonwealth capital of Saipan.

The Supreme Court of the Commonwealth of the Northern Mariana Islands, 1 CMC § 3101, is the highest court of the United States Commonwealth of the Northern Mariana Islands (CNMI), exercising civil and criminal appellate jurisdiction over commonwealth law matters. It should not be confused with the District Court for the Northern Mariana Islands, which exercises jurisdiction over federal law. The Supreme Court sits in the capital, Saipan, and consists of a Chief Justice and two Associate Justices. The CNMI has no intermediate appellate commonwealth law court, which means that the CNMI Supreme Court hears appeals directly from the trial-level Superior Court.

<span class="mw-page-title-main">Outline of the Northern Mariana Islands</span> Overview of and topical guide to the Northern Mariana Islands

The following outline is provided as an overview of and topical guide to the Northern Mariana Islands:

Froilan Cruz "Lang" Tenorio was a Northern Mariana Islander politician who was the fourth governor of the Northern Mariana Islands. Elected in 1993, he served one term from January 10, 1994 to January 12, 1998. During his governorship and most of his political career, Tenorio was a member of the Democratic Party of the Northern Mariana Islands, which was not then affiliated with the American Democratic Party. However, he later switched his affiliation to the Reform Party, a party he founded. Froilan Tenorio would later switch back to the Democrat in 2005 and then to the Covenant Party in 2009.

<span class="mw-page-title-main">LGBT rights in the Northern Mariana Islands</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in the Northern Mariana Islands have evolved substantially in recent years. Same-sex marriage and adoption became legal with the Supreme Court's ruling in the case of Obergefell v. Hodges in June 2015. However, the U.S. territory does not ban discrimination based on sexual orientation and gender identity, except in relation to government employees. Gender changes are legal in the Northern Mariana Islands, provided the applicant has undergone sex reassignment surgery.

<span class="mw-page-title-main">Gun laws in the Northern Mariana Islands</span>

Gun laws in the Northern Mariana Islands regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of the Northern Mariana Islands. As the Northern Mariana Islands is a commonwealth of the United States, many federal laws apply, as well as Constitutional rulings and protections.

Same-sex marriage was legalized in the Northern Mariana Islands by the U.S. Supreme Court's landmark ruling in Obergefell v. Hodges on June 26, 2015, which struck down same-sex marriage bans nationwide. On June 29, Governor Eloy Inos issued a statement hailing the decision as "historic", and said he would work with the Attorney General and local officials to bring the U.S. territory into compliance. Attorney General Edward Manibusan issued a memorandum on June 30 confirming that the territory was bound by the court decision and said that marriage license forms would be changed to include same-sex couples.

Abortion in the Northern Mariana Islands is illegal by legislation, but legal by judicial ruling and legal review. A law passed in 1985 made abortion illegal, but a review by the Attorney General said it was legal in 1995. Women in the 1990s went to the Philippines to get abortions, but went to Japan or Hawaii by 2018 because of changing legality in the region.

The Marianas archipelago of the Northern Pacific contains fourteen islands located between Japan and New Guinea on a north–south axis and Hawaii and the Philippines on an east–west axis. Inhabitants were Spanish nationals from the 16th century until the Spanish–American War of 1898. As Guam became a territory of the United States the Northern Marianas were sold to Germany in 1899. The Northern Mariana Islands were a German protectorate until 1919, when they became part of the South Seas Mandate, administrated by Japan. At the close of World War II, the Marianas became part of the Trust Territory of the Pacific Islands. In 1975, the Commonwealth of the Northern Mariana Islands became a self-governing territory. In 1986, the Marianas came under the sovereignty of the United States when the trusteeship ended and US nationality and citizenship was conferred on the inhabitants of the territory.

References

  1. Convenent
  2. Constitution
  3. Commonwealth Code
  4. Administrative Code
  5. Legislative Branch