Constitutional Amendment, Art. IX, sect. 2(p)

Committee Proposal 90-13

CON CON, JULY-AUG '90                                                 COMM PROP: 90-13, SD1

FEDERATED STATES OF MICRONESIA

________________________________________________________________________________________________________

A PROPOSAL

To amend section 2(p) of article IX of the Constitution of the Federated States of Micronesia for the purpose of repealing the power of the national government to define major crimes.

BE IT RESOLVED BY THE CONSTITUTIONAL  CONVENTION:

     That the following amendment be made to section 2(p) of article IX of the Constitution of the Federated States of Micronesia:

"SECTION 2.  The following powers are expressly delegated to Congress:

. . .

     (p)  to define national crimes and prescribe penalties, having due regard for local custom and tradition; and".

ADOPTED:  August 29, 1990     /s/  Resio S. Moses             

   Resio S. Moses

   President

   FSM Constitutional

   Convention

      ATTEST:     /s/  Sintaro K. Ezra              

Sintaro K. Ezra

Convention Secretary

FSM Constitutional Convention

Case annotations:  The intent of the Constitutional Convention is that major crimes, as defined by Congress and committed prior to voter ratification, fall within the jurisdiction of the national government and may be prosecuted pursuant to the national law after the effective date of the amendment.  In re Ress, 5 FSM Intrm. 273, 276 (Chk. 1992).

The national court should not abstain from deciding a criminal case where the crime took place before the effective date of the 1991 amendment removing federal jurisdiction over major crimes because of the firmly expressed intention by the Constitutional Convention delegates as to the manner of transition from national jurisdiction to state jurisdiction.  In re Ress, 5 FSM Intrm. 273, 276 (Chk. 1992).