Fitial’s veto of local casino bill questioned in court

House Local Bill 17-44 which sought to legalize casinos on Saipan was vetoed by Gov. Benigno R. Fitial who said it was unconstitutional.

But Palacios, R-Saipan, said a law passed by any of the senatorial districts is also a commonwealth law.

In his petition, Palacios cited the CNMI Constitution’s Article 2, Section 6 which says, “Laws that relate exclusively to local matters within one senatorial district may be enacted by the Legislature or by affirmative vote of a majority of the members representing that district. The Legislature shall define the local matters that maybe subject of laws enacted by members from the respective senatorial districts. ”

He also mentioned the 1976 analysis of the CNMI Constitution which quoted the constitutional convention delegates as saying, “Ordinances and other regulations enacted by the municipal councils on Rota, Saipan and Tinian remain in effect unless superseded by commonwealth law.”

Palacios argued that  “commonwealth law in this case, includes any general law, local law, local regulation, or local ordinance enacted or promulgated under Article 2, Section 5 or 6, Article 6 Section 3 of the Constitution.”

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