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Bob introduced legislation this morning to “Patriate”
Guam’s Organic Act. Bill
259 requests the United States Congress to allow the people
of Guam to alter those sections of the Organic Act that directly
relate to the local government operations of the people of Guam.
Although we enjoy a measure of home rule, the people of Guam are
not served by a government established by a constitution of their
own making. Home rule for the people of Guam is a function of an
act of Congress, the Organic Act of 1950, which is a sort of quasi
constitution.
Question: What does “Patriation”
mean?
Answer: The term “patriate” is somewhat
obscure and not found in most dictionaries. Some would suggest
that the term is properly used when it means transfer of legislative
authority to an autonomous country from a previous mother country.
Even though Guam is not an autonomous country the word “patriate”
is quite useful in the context in which it is used here and easily
bears the meaning assigned to it in this bill.
Question: So what? Why “Patriate”
the Organic Act?
Answer: There would no longer be a need to seek
the old cliché “an Act of Congress” to change
the Organic Act for a purely local matter.
- creating the elected school board could have been voted locally
without an act of Congress
- creating the position of the elected Attorney General could
have been voted locally without an act of Congress
- creating the position of the elected Public Auditor could have
been voted locally without an act of Congress
- unifying the Guam Superior and Supreme Courts could have been
voted locally without an act of Congress
Congress could amend the Organic Act to allow the people of Guam
to amend those portions of the Organic Act which deal only with
local matters thereby providing a full measure of home rule to the
people of Guam while obviating the necessity for Congress to become
involved with purely local matters. Such a procedure is not without
precedent as home rule for the District of Columbia was brought
about in a similar manner in 1973.
The first step on the path toward home rule began with Congress’
passage of the Organic Act in 1950. The Organic Act provides the
framework for the government of Guam and serves as a quasi constitution.
As enacted, the Organic Act created a three branch government only
one branch of which could have been called “local,”
i.e. the legislature. The judicial branch was the District Court
of Guam, a federal court. The executive branch was headed by a governor
appointed by the President with advice and consent of Congress.
Because Congress passed the Elective Governor Act in 1968, “local”
status accrued to the executive branch allowing Guam voters to choose
Guam’s first elected governor in 1970.
Finally with the passage of Public Law 108-378 in 2004 the construction
of the local three branch government was completed with the creation
of a co-equal judicial branch headed by the Supreme Court of Guam.
During the 54 year genesis of the three co-equal branch local government
of Guam Congress acted more than ten times to create and define
sub elements of the government of Guam. It took an Act of Congress
to permit the people of Guam to elect their Attorney General. Even
the decision that the entire government of Guam, not just the Governor,
is responsible for education on Guam required congressional action,
thus enabling the creation of the Guam Education Policy Board.
The legislation’s 11 sponsors are: Klitzkie, Joanne Brown,
Larry Kasperbauer, Mike Cruz, Tony Unpingco, Ray Tenorio, B.J. Cruz,
Eddie Calvo, Frank Aguon, Adolpho Palacios, Rory Respicio.
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