Our inability to vote is not a legal but a “political matter.” The two respondents to Mr. Torres made inferences about insular territories not paying U.S. taxes as a justification for not participating in the presidential election process. This is a bit exaggerated since the United States Constitution makes no mention of paying taxes as a prerequisite for voting for president.
The 24th Constitutional Amendment, Section 1 states that: “The right of citizens of the United States to vote in any primary or other election for President or Vice President…shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax.”
In addition, there are over 43 million American citizens in the United States who do not pay or contribute to federal tax system.
The U.S. Constitution also does not grant American citizens the right to vote for president.
Article II, Section 1, Clause 2 of the U.S. Constitution states: “Each state shall appoint, in such a manner as the Legislature thereof may direct, a number of Electors, equal to the whole number of Senators and Representatives to which States may be entitled in the Congress…. Electors appointed by the States elect President and Vice President.”
The common argument for our inability to participate and vote in U.S. presidential elections is that the CNMI, Guam, Puerto Rico and other insular areas are not states. Theoretically this would be true. However, the 23rd Amendment, Section 1 to the Constitution enabled citizens of Washington, D.C. to appoint electors who would “be considered, for the purposes of the election of President and Vice President, to be electors appointed by the State.”
For those of us who are not aware, Washington, D.C. is not a state. Although the citizens of the District of Columbia participate in the presidential election process they, too, like the CNMI and other insular areas have a non-voting delegate in the House of Representative and no U.S. senator.
The stateside writer from Washington, D.C. also lamented two points regarding the federal assistance that we as insular territories receive in comparison to other states and our CNMI land alienation rights. The title of his letter: “Real Americans Pay US Taxes and Prohibit Race-Based Rights” was as divisive as his analogy about Mr. Torres and other locals having an 8th graders’ insight into American politics.
First, it’s a common practice for detractors to focus attention on the amount federal monies insular territories receive in comparison to the states. Let’s deviate from insular territories and redirect our attention where “REAL AMERICANS” have been focusing their attention on: IRAQ! Iraq receives more federal monies than all insular areas combined. To be specific IRAQ receives the most federal financial assistance topping over 100 billion dollars while recording an amazing over 80 billion dollars in surplus. This amount does not take into account the millions of dollars other foreign countries receive from the United States.
Second, laws granting land alienation have prevailed equal protection challenges (Wabol vs. Villacrusis 958 F. 2d 1450 9th Cir. 1990) in federal courts. Courts have saw justifications in the constitutionality of the land alienation laws since they played a crucial role in preserving CNMI, American Samoa and the American Indians’ unique indigenous cultures.
The people of the CNMI as with other insular areas are among the over 4 million people faced with the grim fact that in choosing a commonwealth status or remaining status quo (Guam) we had in essence sealed our fate with an “indefinite” colonial status under the control of the U.S. Congress.
We must be cognizant that the CNMI and other insular areas will always have critics but we must maintain a steadfast approach in achieving a more defined or better political status that addresses and fulfills the needs of the citizens of each territory.
Justice Harlan, in a dissent, wrote: “The idea that this country may acquire territories anywhere upon the earth, by conquest or treaty, and hold them as mere colonies or provinces — the people inhabiting them to enjoy only those rights as Congress chooses to accord them — is wholly inconsistent with the spirits and genius, as well as with the words, of the Constitution.”
DANNY AQUINO JR.
Susupe, Saipan
