Political Reviews
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Political Reviews Micronesia in Review: Issues and Events, 1 July 2008 to 30 June 2009 john haglelgam, david w kupferman, kelly g marsh, samuel f mcphetres, donald r shuster, tyrone j taitano Polynesia in Review: Issues and Events, 1 July 2008 to 30 June 2009 lorenz gonschor, iati iati, jon tikivanotau m jonassen, margaret mutu © 2010 by University of Hawai‘i Press 125 Micronesia in Review: Issues and Events, 1 July 2008 to 30 June 2009 Reviews of Kiribati and Nauru are not people at the Micronesian Endowment included in this issue. for Historic Preservation meeting in August 2008 that “construction of Federated States of a cultural center that will house the Micronesia national archives office and serve as In his inaugural address two years a national museum is in the planning ago, President Emanuel “Manny” stage” (fsmis 2008e). In his State of Mori announced to the Federated the Nation address to the congress in States of Micronesia (FSM) public May 2009, President Mori specifically that cultural preservation was a top mentioned a budget request for the priority for him, and this year has construction of a national museum seen his administration move ahead to house the national archives and to on this promise. In my analysis of this serve as the centerpiece of FSM cul- issue in last year’s review, I pointed tural preservation (fsmis 2009a). out that the power of each constitu- In addition to the question of ent state to preserve its own cultures whether or not the national govern- is the very essence of FSM federal- ment has a role in cultural preserva- ism (Haglelgam 2009, 115). When tion, the administration’s focus on the national government elevated the national museum as a means for the Office of Historic and Cultural achieving this goal is arguably mis- Preservation to the level of the cabinet placed. Some feel that the best place early in the Mori administration, it to preserve living cultures is not in seemed to violate the spirit of federal- the museum but in the classroom. ism embodied in the national constitu- Knowledge of canoe making and all tion. The impracticality of having the the necessary skills to sail canoes, for national government control cultural example, could become part of the preservation is one reason the national curriculum in the elementary schools. constitution delegates this responsibil- Preserving cultural skills, knowledge, ity to the states. It is more efficient for arts, and songs through classroom the people of each state to preserve learning is already part of the elemen- their own culture or cultures because tary school curriculum in Yap state, they know their cultures best, whereas and perhaps this model could be emu- others may rely on stereotypes or mis- lated in other states. information. The national museum argument Both President Mori and Vice points to an emerging pattern of President Alik L Alik addressed this national government involvement in issue of cultural preservation on dif- state affairs. In July 2008, President ferent occasions during the year in Mori and a delegation of national review. Vice President Alik told the government officials attended the 126 pol i t ical reviews • micronesia 127 third annual Mortlocks Leadership some as an unconstitutional expansion Conference in Chuuk State. At the of the powers of the president. Mori conference, the national delegation amended Presidential Order 30, which “reiterated some issues that are cen- controls the operations of the FSM tral to Mori’s administration, which Infrastructure Planning and Implemen- include the maintenance and promo- tation Committee (FSM-ipic), whose tion of cultural skills given the global role is to “coordinate and facilitate the crisis relating to the escalating costs implementation of all projects collec- of fuel and food, as well as promo- tively identified in the National Infra- tion of quality education in the outer structure Development Plan” (fsmis islands” (fsmis 2008c). In addition, 2006). The presidential order cites the national secretary of education section 1 of article x (the executive met with the principals of the Moch article) of the FSM Constitution as the and Ettal elementary schools. authority that grants the president the The FSM President’s Office power to create the FSM-ipic (fsmis reported that President Mori was able 2008b). However, section 1 of article to convince Chuuk State Governor x only vests the executive power of the Simina to appoint a person Mori national government in the presi- favors as head of the state’s Depart- dent, while the executive powers are ment of Administrative Services. The expressly enumerated in section 2 of press release further stated that the US article x. Section 2(a) of the execu- Office of Insular Affairs would concur tive article expressly delegates to the in the joint appointment of the new president the power “to faithfully director by President Mori and Gov- execute and implement the provisions ernor Simina. The president’s action of this Constitution and all national appears to be an unconstitutional laws.” Since the creation of FSM-ipic interference in the internal affairs of has nothing to do with section 2(a) a constituent state, as the national of the executive article (ie, there is no constitution clearly states that the only national law “to faithfully execute powers the national government has and implement”), the president acted are those expressly granted to it and without enabling legislation. Thus, those that are beyond the power of there are accusations that Mori is ven- the states to control. The appointment turing into the lawmaking arena, an of the director of the Chuuk State area exclusively delegated to the FSM Department of Administrative Ser- Congress by section 1 of article ix of vices is neither an express power nor the FSM Constitution. a power that is national in character The case cited above represents an and beyond the power of the state to apparent pattern of constitutionally control. In addition, the president’s questionable actions by Mori that action appears to establish a danger- utilize presidential orders and emer- ous precedent that future presidents gency decrees to empower him, among may follow. other things, to withdraw funds from On 5 September, President Mori the national treasury. Several months continued a precedent set by the previ- ago, through presidential order, Mori ous administration that is viewed by reorganized the Project Management 128 the contemporary pacific • 22:1 (2010) Unit, moving it from the Department laws” (emphasis mine). Clearly the of Transportation, Communication FSM Constitution does not give any and Infrastructure (tc&i) into the choice to the president but to faith- Office of the President. The public law fully execute and implement all acts of that defines the organization of the the FSM Congress once they become executive branch specifically locates public laws, with or without his the Project Management Unit in the approval. Anything short of faithful tc&i, so by removing the unit to the execution and implementation of all Office of the President, Mori effec- public laws can be seen as a violation tively amended a public law. During of the presidential oath of office and the 6th Regular Session of the 15th an abrogation of his principal duty as FSM Congress, in an effort to assert president. Furthermore, by declaring its rightful authority to make laws, the public law unconstitutional, Presi- the congress adopted Congressional dent Mori is seemingly assuming the Resolution 15-200 requesting the constitutional role designated for the president put the Project Manage- FSM Supreme Court, which is charged ment Unit back in the tc&i. However, with deciding the constitutionality of President Mori ignored the intent of congressional acts or public laws. In a the resolution. Finally, when the con- way, President Mori is attempting to gress passed Congressional Act 15-80 combine the roles of both the congress requiring the president to “properly and the supreme court into that of the place the Project Management Unit presidency. President Mori’s ongoing for the Compact Infrastructure grants turf battle with the FSM Congress has under the appropriate department,” the potential to precipitate a constitu- the president vetoed the act (fsmis tional crisis. 2009b). The FSM Congress overrode On 3 March 2009, the FSM Con- the veto during its 7th Special Session gress held its biannual election for the in May 2009, but so far, President ten two-year term members. Twenty- Mori continues to refuse to implement one candidates ran for the ten seats the law. (fsmis 2008d). Fourteen candidates Ironically, President Mori cited ran for the five congressional seats in the doctrine of separation of powers, Chuuk, four ran for the three seats checks and balances, and the unconsti- in Pohnpei, two for the single seat in tutional nature of the law as the rea- Yap, and the incumbent in Kosrae ran sons for his veto. In its simplest form, unopposed. The crowded election field the doctrine of separation of powers in Chuuk produced two incumbent allocates lawmaking authority to the casualties. All incumbents from the FSM Congress, the faithful execution other three states retained their seats and implementation of laws to the (fsmis 2009c). president, and the impartial interpreta- The Chuuk State elections were tion of laws to the court. Article X, marred by an incident at the overseas section 1(a) of the FSM Constitution polling station in Honolulu, when a requires the president to “faithfully disgruntled voter who was not on the execute and implement the provisions registration list threw the ballot box of this Constitution and all national around and scattered the poll worker’s pol i t ical reviews • micronesia 129 papers. As a result, the polling sta- Former Vice President Hiroshi Ismael tion was closed and voting halted for passed away in the morning on 31 the day.