The Federated States of Micronesia is an island country consisting of 607 islands in the Pacific Ocean. Its area is 702 square kilometers, although its extent in the sea is about three million square kilometers. The population is about 1,04,000 of which 95% are Christians. The official language is English, but there are 4 recognized regional languages; And many languages are actually in use. No one is the majority in the ethnographic community.
After collection of tax, proportional rate shall be deposited in national treasury and respective provincial treasury. Revenue derived from sea-bed mineral resources shall be shared equally between the national government and the respective provincial governments.
Vacancies in Parliament will be filled by by-elections. However, if the tenure is less than one year, the concerned provincial government will provide direct recruitment. Parliament is able to increase the salary of its members, but it will not be effective for that term.
These are positive aspects. Now let's discuss the negative aspects.
In the Federated States of Micronesia, the constitutional legitimacy of traditional leaders alongside mainstream government – democracy can no longer run in exceptional parallel motion. Parliament reserves the right to expel a member of Parliament by a two-thirds vote – Only the powerful can enjoy rights. Court rulings will be consistent with the constitution, Micronesian customs and traditions - although customs are not written anywhere.
Admirable Articles of Micronesia's Constitution
ARTICLE IV. DECLARATION OF RIGHTS
Section 4
Equal protection of the laws may not be denied or impaired on account of sex, race, ancestry, national origin, language, or social status.
Section 6
The defendant in a criminal case has a right to a speedy public trial, to be informed of the nature of the accusation, to have counsel for his defense, to be confronted with the witnesses against him, and to compel attendance of witnesses in his behalf.
Section 10
Slavery and involuntary servitude are prohibited except to punish crime.
Section 12
A citizen of the Federated States of Micronesia may travel and migrate within the Federated States.
ARTICLE IX. LEGISLATIVE
Section 5
National taxes shall be imposed uniformly. Not less than 50% of the revenues shall be paid into the treasury of the state where collected.
Section 6
Net revenue derived from ocean floor mineral resources exploited under Section 2(m) shall be divided equally between the national government and the appropriate state government.
Section 12
A vacancy in Congress is filled for the unexpired term. In the absence of provision by law, an unexpired term is filled by special election, except that an unexpired term of less than one year is filled by appointment by the state chief executive.
Section 13
A member of Congress may not hold another public office or employment. During the term for which he is elected and 3 years thereafter, a member may not be elected or appointed to a public office or employment created by national statute during his term. A member may not engage in any activity which conflicts with the proper discharge of his duties. The Congress may prescribe further restrictions.
Section 14
The Congress may prescribe an annual salary and allowances for members. An increase of salary may not apply to the Congress enacting it.
ARTICLE XI. JUDICIAL
Section 8
When a case in a state or local court involves a substantial question requiring the interpretation of the Constitution, national law, or a treaty, on application of a party or on its own motion the court shall certify the question to the appellate division of the Supreme Court. The appellate division of the Supreme Court may decide on the case or remand it for further proceedings.
ARTICLE XIII. GENERAL PROVISIONS
Section 2
Radioactive, toxic chemical, or other harmful substances may not be tested, stored, used, or disposed of within the jurisdiction of the Federated States of Micronesia without the express approval of the national government of the Federated States of Micronesia.
Facts of Micronesia's Constitution
ARTICLE V. TRADITIONAL RIGHTS
Section 1
Nothing in this Constitution takes away a role or function of a traditional leader as recognized by custom and tradition, or prevents a traditional leader from being recognized, honored, and given formal or functional roles at any level of government as may be prescribed by this Constitution or by statute.
Section 2
The traditions of the people of the Federated States of Micronesia may be protected by statute. If challenged as violative of Article IV, protection of Micronesian tradition shall be considered a compelling social purpose warranting such governmental action.
Section 3
The Congress may establish, when needed, a Chamber of Chiefs consisting of traditional leaders from each state having such leaders, and of elected representatives from states having no traditional leaders. The constitution of a state having traditional leaders may provide for an active, functional role for them.
ARTICLE IX. LEGISLATIVE
Section 11
A state may provide that one of its seats is set aside for a traditional leader who shall be chosen as provided by statute for a 2-year term, in lieu of one representative elected on the basis of population. The number of congressional districts shall be reduced and reapportioned accordingly.
Section 17 (Part of it)
● The Congress shall be the sole judge of the elections and qualifications of its members, may discipline a member, and, by 2/3 vote, may suspend or expel a member.
Section 22
A bill passed by Congress shall be presented to the President for approval. If he disapproves of the bill, he shall return it with his objections to Congress within 10 days. If Congress has 10 or less days remaining in its session, or has adjourned, he shall return the bill within 30 days after presentation. If the President does not return a bill within the appropriate period, it becomes law as if approved.
ARTICLE XI. JUDICIAL
Section 4
If the Chief Justice is unable to perform his duties he shall appoint an associate justice to act in his stead. If the office is vacant, or the Chief Justice fails to make the appointment, the President shall appoint an associate justice to act as Chief Justice until the vacancy is filled or the Chief Justice resumes his duties.
Section 11
Court decisions shall be consistent with this Constitution, Micronesian customs and traditions, and the social and geographical configuration of Micronesia. In rendering a decision a court shall consult and apply sources of the Federated States of Micronesia.
