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LEAVE ARTICLE 12 ALONE!

LEAVE ARTICLE 12 ALONE!

Tuesday, March 25, 2008

Governor’s legal counsel says all registered voters should decide on NMI land rule

032608 Variety News Staff

THE governor’s special legal counsel, Howard P. Willens, says all registered voters in the Northern Marianas should be allowed to vote on a proposed legislative initiative that would change the leasehold on private properties from 55 to 75 years to prevent possible litigation.

Willens told Gov. Benigno R. Fitial that the constitutional rights of U.S. citizens would be violated if they are denied the right to cast their votes in the legislative process that seeks to amend Article XII of the CNMI Constitution.

According to Commonwealth Election Commission Executive Director Gregorio Sablan, “We have been wrestling with this issue for eight years now and we’re very pleased that it is finally receiving the urgent attention it deserves.”

Some sectors in the local community believe the right to vote on the islands’ land rule should be limited to people of Northern Marianas descent.

But this may be a violation of the constitutional rights of voters who are non-locals, Willens said.

“The CNMI government lawyers who have considered this question have concluded that Article XVIII (5) of the CNMI Constitution would be held to violate the United States Constitution if challenged in court. The Supreme Court’s rulings on limitations on voting based on the Equal Protection Clause discussed in this memorandum are unambiguous and decisive,” Willens said in his 13-page legal opinion.

“If the court were to address the other contentions discussed in this memorandum and likely to be raised in any lawsuit, we believe that there is substantial risk that the court would also conclude that the restrictions violate the Fifteenth Amendment or the privileges and immunities clause of the Fourteenth Amendment,” he added.

Willens cited numerous cases heard by the U.S. Ninth Circuit Court of Appeals and the U.S. Supreme Court as basis of his legal opinion.

A special election has been proposed for April 19 so that the voters can decide whether they want to change their islands’ leasehold term rule from 55 to 75 years.

House Legislative Initiative 16-4 proposes to amend Article XII of the CNMI Constitution.

But in order to be placed on the ballot, it should be passed by a three-fourths vote of both houses of the Legislature.

Saturday, February 2, 2008

Letter to the editor: To Rep. Tina Sablan

MV Wednesday January 23, 2008


PUBLIC Law 15-108 is a good law authored by the Honorable Congresswoman Cinta Kaipat. Everyone was given ample time to submit comments and we believe that the Department of Labor announced an extended 30 days for comments to be submitted. You have only been in office less than two weeks and this is your priority. Obviously you do not represent your constituents.

For many years, our elected leaders in the past and, of course, presently have neglected addressing our labor and immigration loopholes and flaws in our system in which everyone benefited from, and now that it’s locked down you are opposing the contents of the law. Ms. Sablan, this you have expressed loudly during all your forums prior to being elected.

One of your highest priorities in your platform was to address and prevent lawmakers from habitual amendments after amendments of laws. Now that you are a freshman lawmaker, you are no different! In fact worse. Are you now going back on your own words? The same way you did when you deceived the voters of Precinct 1?

Taotao Tano supported this law since the day it was first introduced to the day it was signed into law. The law addresses all the major problems in our labor and immigration system including prioritizing all locals and U.S. citizens in terms of employment.

Now, as for your civil rights activism here in our homeland, I ask you to refrain from using the names of the great Dr. Martin Luther King and Ghandi for your misunderstanding and misguidance are now tarnishing their great names and work.

The one thing I do know about these great people is that they never deceived their own people for their own personal gain.

GREGORIO CRUZ

President

Taotao Tano CNMI
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