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The Government of Chuuk - Constitution of the State of Chuuk

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The Government of Chuuk Constitution of the State of Chuuk
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The Government of Chuuk
Constitution of the State of Chuuk
Published by Good Press 2020 EAN 4064066405090 Table of Contents - photo 1
Published by Good Press, 2020
EAN 4064066405090
Table of Contents

Preamble
Table of Contents
WE, THE PEOPLE OF CHUUK, blessed by the Grace of Almighty God, source of our sovereign power, and moved by our faith to control and chart our own destiny, do hereby ordain and establish this Constitution as the supreme reaffirmation of our sacred bond, and as the guiding star in our journey across the seas.
With this Constitution we declare our solemn duty to uphold the principle of democracy, to protect our lands, waters, and cultures which sustain as and bind us together, to live together in peace and harmony, guided by law, custom, and tradition as one people, now and forever.
ARTICLE I: TERRITORY
Table of Contents
Section 1.The territory of the State of Chuuk includes the islands, reefs, shoals, banks, sands, oceans, and other natural landmarks bearing names or identities known in any of the dialects of the State, and any other territory or water belonging to the State by history right, custom, or legal title. Unless limited by law, this territory shall also include a marine space of 200 nautical miles measured outward from appropriate baselines, as well as related seabed, subsoil, and water column, insular and continental shelves, and airspace over land and water.
ARTICLE II: SUPREMACY
Table of Contents
Section 1.This Constitution is the supreme law of the State of Chuuk. An act of government in conflict with this Constitution is invalid to the extent of conflict.
ARTICLE III: DECLARATION OF RIGHTS
Table of Contents
Section 1.No law may deny freedom of speech or press, or the right to assemble peaceably, join any association, or petition.Section 2.No person may be deprived of life, liberty, or property without due process of law, be denied equal protection under the law, be denied the enjoyment of civil rights, or be discriminated against in the exercise of civil rights, on account of race, sex, religion, language, dialect, ancestry, national origin, or social status.Section 3.The right of the people to be secure in their persons, houses, and possessions against unreasonable search, seizure, or invasion of privacy may not be violated. No warrant may be issued but upon probable cause, supported by affidavit, specifically describing the place to be searched and the persons or things to be seized.Section 4.In all criminal prosecutions, the accused has the right to a speedy trial, to be informed of the nature and cause of the accusation, to confront opposing witnesses, to compel attendance of supporting witnesses, and to be assisted by defense counsel.Section 5.No person may be compelled to give evidence that may be used against such person in a criminal case, or be twice put in jeopardy for the same offense.Section 6.Excessive bail may not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.Section 7.The writ of habeas corpus shall exist in the State of Chuuk. The writ may not be suspended, except by the Governor and only when the public safety requires it in case of war, rebellion, insurrection, or invasion. Consideration of the writ shall take precedence over all other business of the court, and, if the court determines that there is a proper basis, the writ shall be issued without delay.Section 8.Capital punishment is prohibited.Section 9.Neither slavery nor involuntary servitude, except as punishment for crime, may exist in the State of Chuuk.Section 10.No bill of attainder, ex post facto law, or law impairing the obligations of contract may be enacted.Section 11.No law may restrict the freedom of residents of the State of Chuuk to move and migrate within the State.Section 12.There may be no imprisonment for debt.Section 13.No soldier may, in time of peace or war, be quartered in any house without the owner's consent.
ARTICLE IV: TRADITIONAL RIGHTS
Table of Contents
Section 1.Existing Chuukese custom and tradition shall be respected. The Legislature may prescribe by statute for their protection. If challenged as violative of Article III, protection of Chuukese custom and tradition shall be considered a compelling social purpose warranting such governmental action.Section 2.Nothing in this Constitution takes away the role or function of a traditional leader as recognized by Chuukese custom and tradition, or prevents a traditional leader from being recognized, honored, and given formal or functional roles in government.Section 3.The Legislature may appropriate funds annually for a traditional leaders conference.Section 4.Traditional rights over all reefs, tidelands, and other submerged lands, including their water columns, and successors rights thereto, are recognized. The Legislature may regulate their reasonable use.
ARTICLE V: LEGISLATIVE
Table of Contents
Section 1.The legislative power of the State Government is vested in the Legislature, which consists of the Senate and the House of Representatives. This power extends to all rightful subjects of legislation not inconsistent with this Constitution or the Constitution of the Federated States of Micronesia.Section 2.Membership in the Legislature is based on regional equality in the Senate and on population and geographical configuration in the House of Representatives. The Senate consists of 10 members, who shall be known as Senators, of which each Senatorial Region shall elect two. The House of Representatives consists of 28 members, who shall be known as Representatives. A Representative District shall have at least one member.Section 3.(a) For purposes of representation in the Legislature, the State of Chuuk is divided into 5 Senatorial Regions, as follows:
  1. Northern Namoneas, consisting of the islands of Weno, Fono, and Piis-Panewu;
  2. Southern Namoneas, consisting of the islands of Tonoas, Etten, Fefen, Parem, Siis, Totiw, and Uman;
  3. Faichuk, consisting of the islands of Udot, Eot, Ramanum, Fanapanges, Polle, Paata, Wonei, and Tol;
  4. Mortlocks, consisting of the islands of Nema, Losap, Piis-Emmwar, Namoluk, Ettal, Moch, Kuttu, Ta, Satowan, Lukunoch, and Oneop; and
  5. Northwest Islands, consisting of the islands of Nomwin, Fananu, Ruo, Murilo, Onoun, Makur, Onou, Unanu, Piherarh, Houk, Polowat, Tamatam, and Pollap.
(b) Representatives shall be elected as follows:
  1. Northern Namoneas: Representative District 1, consisting of Weno, Fono, and Piis-Panewu, 5 members;
  2. Southern Namoneas: Representative District 2, consisting of Tonoas and Etten, 2 members; Representative District 3, consisting of Fefen, Parem, Siis, and Totiw, 3 members; Representative District 4, consisting of Uman, 2 members;
  3. Faichuk: Representative District 5, consisting of Udot, Eot, Ramanum, and Fanapanges, 2 members; Representative District 6, consisting of Polle, Paata, and Wonei, 2 members; Representative District 7, consisting of Tol, 3 members;
  4. Mortlocks: Representative District 8, consisting of Nema, Losap, and Piis-Emmwar, 2 members; Representative District 9, consisting of Namoluk, Ettal, Moch, and Kuttu, 2 members; Representative District 10, consisting of Ta, Satowan, Lukunoch, and Oneop, 2 members;
  5. Northwest Islands: Representative District 11, consisting of Nomwin, Fananu, Ruo, and Murilo, 1 member; Representative District 12, consisting of Onoun, Makur, Onou, Unanu, and Piherarh, 1 member; Representative District 13, consisting of Houk, Polowat, Tamatam, and Pollap, 1 member.
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