The 23rd Amendment

The 23rd amendment proposes changes to Article 10, Section 7 of the Constitution of Palau – the composition of the Judicial Nominating Commission.Article 14 of the Palau Constitution clearly defines that any proposed amendments to it must either be by a Constitutional Convention, popular initiative, or the Olbiil Er a Kelulau (OEK).  Further, any proposed amendment shall become effective when approved by a majority of votes cast in a general election.The Senate, in exercising its constitutional authority, introduced Senate Joint Resolution No. 7-102, which proposes the 23rd amendment.  As mandated by the Constitution, the resolution passed through both houses of the OEK last week with 75 percent of the members approving of it; and thus, it will be voted on in November.The OEK propose to amend the Article 10, Section 7 of the Constitution to state that “The Judicial Nominating Commission shall consist of seven (7) members,” all of whom must be citizens of Palau.  The existing provision of Article 10, Section 7 of the Constitution only specifies that 3 members of the commission, those nominated by the President and not members of the Palau Bar Association, must be citizens.The Constitution of Palau, the supreme of law of the land, will be changed based on provisions clearly stated in it.  All of the proposed constitutional amendments are legitimate and will be voted on in November 04, 2008.