ARTICLE 2

Supremacy

     This constitution is the supreme law of Pohnpei.  An act of government in conflict with this Constitution is invalid to the extent of conflict.

Case annotations:  The Pohnpei State Constitution was established under the authority granted by article VII, section 2 of the Constitution of the Federated States of Micronesia> which mandates that a state shall have a democratic constitution and also Pohnpei State Law No. 2L-131-82, section 9, which mandated the Pohnpei State Constitutional Convention "to draft a constitution for the State of Ponape ... [that] ... shall make adequate provisions for the exercise of legislative, judicial and executive functions, and shall guarantee to all citizens of the State, a democratic form of government ..."  People of Kapingamarangi v. Pohnpei Legislature, 3 FSM Intrm. 5, 8-9 (Pon. S. Ct. Tr. 11985).

The tenor of the Pohnpei Constitution is that the government is to be responsible to the people.  That Constitution does not provide for sovereign immunity.  Panuelo v. Pohnpei (I), 2 FSM Intrm. 150, 157-59 (Pon. 1986).