KOROR (Palau Horizon) — Associate Justice Barrie Michelsen has dismissed the Senate’s motion to overturn his decision that declared unconstitutional and invalid a Senate resolution requiring Sen.-elect Elias Camsek Chin to sign a consent form before he takes his seat.
In a six-page order, Michelsen also affirmed his ruling that the resolution attempting to expel Chin as a member failed to secure the 2/3 vote required by the Constitution.
The matter, however, still remains in the hands of the Senate, and that Chin may be removed any time by a 2/3 vote of the Senate, Michelsen said.
The Senate leadership claims the Chin is unqualified because he is a U.S. citizen, which the senator-elect denies.
According to Michelsen’s ruling, Senate Resolution 6-42, which declared Chin qualified to sit in the Senate, still stands.
Michelsen dismissed the Senate leadership’s argument that Senate Resolution 6-42 should be declared unconstitutional, and not only the part stating that Chin can be sworn in on condition that he signs the consent form.
Senate President Seit Andres said Michelsen’s ruling showed no respect for the Senate’s procedure.
Andres considers the ruling an “advisory opinion” with no “impact” on the Senate since it is no longer a party to the lawsuit after Michelsen dismissed it.
But Michelsen ruled that the resolution cannot be invalid in its entirety since the only unconstitutional portion is the part where an added qualification not in the Constitution was imposed on Chin.
“The purpose of withholding Chin’s seat was to force him to acquiesce to the extra- unconstitutional qualification. The court could not fashion its ruling to, in effect, implement the legislative intent. The more appropriate course here is to follow the straightforward language of the Constitution’s severability clause,” Michelsen said.
The Senate leadership file a motion for reconsideration after Michelsen declared as unconstitutional a Senate resolution imposing an additional requirement for Chin before he could take his seat.
The Senate leadership also questioned the action taken by Michelsen to determine the voting on the resolution which called for expulsion of Chin from the Senate.
Michelsen was informed that the vote on the resolution was 5 to 2 in favor of “yes,” with Sen. Mlib Tmetchul abstaining. The Senate leadership, however, said there was a 2/3 vote in favor of “yes”—6 to 2.
