Joakim Peter Guam
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196 the contemporary pacific • spring 2000 gress also reelected Congressman Jack ruled in favor of the national govern- Fritz as its Speaker, Congressman ment, and the states were already Claude Phillip as vice speaker, and making plans to appeal the case. In Senator Joeseph Urusemal of Yap as the meantime, the issue did not get the new floor leader. A special elec- the necessary support from voters in tion was held in July 1999 to fill the the July elections. Given these results, vacant senate seats from Pohnpei and the fate of the court appeal is unclear. Chuuk. In the special election, Resio Furthermore, in relation to the second Moses, Pohnpei, and Manny Mori, proposed amendment defeated by Chuuk, were elected to Congress. voters, the Congress passed a law, By act of petition, three amend- effective 1 October 1998, which ments to the FSM Constitution were increases the states’ share of revenue put on the ballot during the general to 70 percent! elections. The amendments center joakim peter around the issues of revenue sharing and ownership of resources. One of the challenges to national unity in Guam the FSM will always be the issue of resources, especially since one of the Although Guam came through unique features of the federation is 1998–99 without a punishing the weaker national government that typhoon, President Clinton hit Guam allows the state governments more like a storm, as did the November flexibility and power. The first pro- general elections, Chinese illegal posal is to amend section 2 of Article entrants, and the effort to restructure I (Territory of Micronesia) to basi- Guam’s school system. However, cally give each state exclusive owner- Guam’s economy remained in the ship of resources within its boundaries doldrums. as defined in each state’s constitution. The September 1998 primary elec- The second amendment is section 5 of tion saw the incumbent team of Gov- Article IX to increase the states’ share ernor Carl Gutierrez and Lieutenant of taxes from 50 to 70 percent. The Governor Madeleine Bordallo handily third amendment would add a new defeat the competing teams (Tom Ada section (23) to the same article to and Lou Leon Guerrero, and Angel specifically guarantee equal distribu- Santos and Jose Terlaje) by taking 51 tion between the national government percent (16,636 votes) of the primary and the state governments of all votes on the Democratic party side. revenue generated from the exclusive The Ada-Guerrero ticket garnered economic zone. The amendments did 28 percent (9,296 votes) and, surpris- not get the required 75 percent ingly, the Santos-Terlaje team attracted approval by voters. nearly 21 percent (6,745 votes) of the In 1998 the states took the national electorate. One long-time observer government to court over the issue of had predicted that this team would the revenues generated from the exclu- likely not receive more than 10 per- sive economic zones. FSM Supreme cent of the vote. In November’s gen- Court Chief Justice Andon Amaraich eral election, Gutierrez-Bordallo political reviews • micronesia 197 defeated the Republican party team In response, Gutierrez-Bordallo of former two-time governor Joseph filed an appeal with the Ninth US Ada and Senator Felix Camacho. The Circuit Court of Appeals, which in incumbents garnered 24,250 votes April 1999 upheld the Unpingco deci- to 21,200 for the Republican ticket. sion. The Circuit Court interpreted However, of the 48,666 votes cast, “a majority of the votes cast in any 1,294 were for write-in candidates, election” to mean that a gubernatorial 609 went to both gubernatorial teams, slate is required to garner a majority and 1,313 were left blank. of votes cast in the general election, Despite claims that Gutierrez- rather than in the gubernatorial race Bordallo had not been elected in only. Gutierrez-Bordallo requested accord with the Organic Act, the that the court reconsider the case, but Guam Election Commission concluded it declined. Then Gutierrez-Bordallo that blank ballots and double ballots requested that the court delay the (ballot on which an individual casts runoff election so that an appeal could votes for both gubernatorial teams) be made to the US Supreme Court. should not be counted and certified The court agreed, and that appeal the Democratic team winners of the was filed on 1 July 1999. November election. Lawyers for the Immediately after the controversial Ada-Camacho team asserted that the November election and before the final results must include all ballots Ada-Camacho suits were filed, there cast, and that Gutierrez-Bordallo had was considerable confusion and ten- not received a majority as required by sion in Guam. This delayed President the Organic Act of Guam, requiring Clinton’s visit to Guam by a few a runoff election. After the commis- weeks. Clinton had visited Japan and sion’s declaration, Ada-Camacho filed South Korea and scheduled a stop on two suits, one with the Superior Court Guam for 23 November during his of Guam and a second with the US return trip to Washington, dc. He District Court. The case filed in the was greeted with great warmth and Superior Court alleged a long list of enthusiasm—no impeachment talk irregularities and wrongdoing, for on Guam! The president responded in which Judge Manibusan could find kind by delivering some commitments little evidence, and he ruled in favor and moving twice through the amaz- of Gutierrez-Bordallo. However, the ingly friendly crowd of twenty-five District Court case centered on the thousand that came to hear his speech narrow issue of “the majority of votes at Adelup, some two miles north of cast in any election” specified in sec- the 1944 invasion beaches. Both tion 1422 of the 1950 Organic Act of Governor Gutierrez and Congressman Guam. Ada-Camacho claimed that Robert Underwood had been working their opponents had not received a for years to get the president to majority vote, thus mandating a Guam, and those efforts finally runoff election. On this issue, Judge paid off. John Unpingco ruled in favor of Ada- In his speech, the president said he Camacho and called for a runoff elec- would ask Congress to simplify the tion on 19 December. process by which excess military land 198 the contemporary pacific • spring 2000 is returned to Guam and to make it ing, and the remainder, mostly chil- easier for Guam products to get into dren, women, and teenagers, were mainland markets, to assist in con- removed to the US mainland. Both verting the former navy ship repair Governor Gutierrez and Congressman facility into “a viable commercial Underwood took action in response operation,” to more than double com- to this serious issue. Gutierrez refused pact impact funding to Guam, and to to accept an Immigration and Natu- urge Congress to include Guam’s chil- ralization Service (ins) suggestion to dren in the federal health insurance release the detained Chinese into the program. Given that Guam is fifteen community pending ins processing. time zones from Washington, dc, and Underwood met with officials from often not recognized, President Clin- the Immigration and Naturalization ton said he would “work to ensure Service, the State Department, the that your voices are heard in Wash- Coast Guard, the Peoples Republic ington, that you are treated fairly and of China, and the White House. This sensitively by the federal government, resulted in additional Coast Guard that you are consulted before policies vessels and a c-130 aircraft being are made that affect your lives” (PDN, assigned surveillance duties around 24 Nov 1998, 13). To begin with, Guam. President Clinton provided the president said he would establish Attorney General Reno authority a task force to work on land return under the law for the US Coast Guard matters, and a network of senior to intercept undocumented aliens on White House and cabinet officials the high seas and land them on Tin- to coordinate policy regarding Guam ian, in the Commonwealth of the and the other territories—good news Northern Mariana Islands, for pro- for Guam. cessing and deportation. Guam has For a while during the period been a target of the snake-heads under review, it appeared that Guam because they get $15,000–$30,000 might be inundated by a storm tide of per person, Guam is some fifteen undocumented Chinese immigrants. hundred miles from China, and Guam Mainland China–based smuggling is open for political asylum according syndicates, known as snake-heads, to ins rules that do not apply to the operating mainly out of Fujian prov- Northern Marianas. Furthermore, ince (south China) have been success- Underwood introduced legislation in ful in illegally transporting undocu- the US Congress to eliminate political mented Chinese into Australia, Guam, asylum petitions on Guam, and both and the United States mainland. By Underwood and Gutierrez requested mid-1999, some 700 Chinese nation- reimbursement from the federal gov- als had been stopped in their attempt ernment for the costs of housing the to enter Guam illegally, while an esti- illegal entrants. mated 2,000 illegal entrants were hid- Aside from this issue of illegal ing in the Guam community. Of the immigration, few people in Washing- 700 caught, some 400 were being ton, dc, recognize the dramatic and detained in Guam’s Department of even alarming changes that have Corrections facility awaiting process- taken place in Guam’s ethnic balance political reviews • micronesia 199 since 1987. The liberal ins rules have Board opposed this legislation for a resulted in nearly 20,000 foreign citi- number of reasons: the legislation zens gaining US permanent residency contained ambiguities, had the poten- (green card), some 15,000 individuals tial for expanding the already heavy becoming naturalized US citizens government deficit, might discrimi- while on Guam, and 10,000 freely nate against people on the basis of associated states citizens becoming age, and encroached on the governor’s “habitual residents” on Guam as a powers and responsibilities.