Article XVI

     Section 1.  This Constitution takes effect at noon on January 11, 1984.

     Section 2.  Elected officers of the chartered State Government on the effective date of this Constitution continue in office under this Constitution until succeeded by officers elected pursuant to this Constitution, unless removed from office pursuant to this Constitution.

     Section 3.  The first general election pursuant to this Constitution takes place on the first Tuesday after the first Monday of November of 1986.  The terms of office of officers elected in the general election begin at noon on the second Monday of January of 1987.

     Section 4.  All laws in effect in this State on the effective date of this Constitution continue in effect, except to the extent they are inconsistent with this Constitution, until amended, repealed, or they expire by their own limitation.

     Section 5.  Municipalities existing on the effective date of this Constitution continue to exercise their powers and functions in a manner consistent with this Constitution.

     Section 6.  Except as otherwise provided by this Constitution, all rights, titles, actions, suits, contracts, liabilities, writs, proceedings, prosecutions, judgments, sentences, orders, decrees, appeals, causes of action, defenses, claims, and demands continue unaffected.

Case annotations:  Determinations as to whether claims of citizens against the previous Kosrae state chartered government may now be upheld against the constitutional state government are to be made by the judiciary on the basis of:  1) when the cause of action arose; 2) the identity of the officer or person whose action created the liability; and 3) the place where the original action creating the liability occurred.  Seymour v. Kosrae, 3 FSM Intrm. 539, 542-43 (Kos. S. Ct. Tr. 1988).

The Kosrae constitutional state government may be held liable for actions taken by police officers under the previous chartered state government, approximately one month before ratification and four months before implementation of the Kosrae Constitution, in falsely arresting and abusing a citizen in Kosrae.  Seymour v. Kosrae, 3 FSM Intrm. 539, 543 (Kos. S. Ct. Tr. 1988).

     Section 7.  The constitutional State Government succeeds to all rights acquired by the chartered State Government, and may assume obligations and liabilities incurred by the chartered State Government.

Case annotations:  The phrase "may assume liability is incurred by the chartered State Government," Kos. Const. art. XVI, 7, is ambiguous because there are no guidelines for when the state is supposed to consent to being sued and when it is not.  Seymour v. Kosrae, 3 FSM Intrm. 537, 541 (Kos. S. Ct. Tr. 1988).

     Section 8.  Nothing in this Constitution may be deemed to constitute a waiver or release of the Administering Authority, the Trust Territory of the Pacific Islands, the National Government of the Federated States of Micronesia, or any governmental entity or person from any continuing or unsatisfied obligation or duty owing to the people of the State, or the State Government or municipal governments of the State.  The people of the State, the State Government, and municipal governments of the State retain all rights, interests, and causes of action not specifically and expressly released or waived.

     Section 9.  Officers and employees of the chartered State Government remain as employees of the constitutional State Government, except as otherwise provided by law.


Adopted by the First Constitutional Convention April 1st 1983

Ratified at referendum on October 15, 1983.

Effective date of Constitution:  January 11, 1984.

Amendments adopted by the Second Constitutional Convention

Amendments certified on February 18, 1995.

Amendments ratified at referendum in 1995.