Vol. 34 No.237
       ©2007 Marianas Variety
Wednesday, February 14, 2007 www.mvariety.com
Serving the CNMI for 34 years
 

© 2007 Marianas Variety
Published by Younis Art Studio Inc.
All Rights Reserved
Email :
mvariety@vzpacifica.net
Koror HOTL’s role limited by court ruling

By Bernadette H. Carreon
Horizon news staff

The Appellate Division of the Supreme Court affirmed the decision of the Trial Division limiting the functions of the Koror House of Traditional Leaders to proposing bills to state legislature and engaging in dialogues with other bodies.
In a nine-page opinion, the role of the HOTL as "the supreme authority of the State of Koror," has been reduced.
Prior to the lawsuit some of the many roles of the HOTL included the power to submit proposed bills to the Legislature, to veto bills passed to it by the governor, to line-item veto appropriations bills, to engage in dialogue with other states and foreign entities and to approve any major agreement to which Koror State was a party.
The trial court ruled in favor of the state legislature but the HOTL appealed the case arguing that amendments changing the status of the traditional leaders can only be passed by citizen’s initiatives not legislative resolutions.
HOTL also claimed that the trial court erred in finding that the legislative manner in which the amendments were passed does not affect their constitutionality and that the Koror State citizens were granted the right to determine what role traditional leaders would play in the structure of their state government and one the role was determined, it could not be changed.
The appellate court however said that the HOTL’s argument has no merits because where legislative power is vested in both referendum and legislature, "there is no superiority of power as between the two."
The court said that not only did the state legislature pass a constitutional amendment but the citizens of that sate also approved the amendment in a referendum.
The appellate division also agreed with the trial division that it seems unquestionable that the right of the people to choose the structure of their government also includes the right to change the structure if they so choose.