MR. Harry Blalock’s “Food for Thought” last weekend presented an interesting perspective and analysis surrounding the eligibility of Mr. Juan T. Lizama and the 180-day CNMI Constitutional provision that may affect his candidacy.
From the facts that were presented, I offer these findings:First, the position of the U.S. delegate is a “federal position” created by a federal provision with the recent passage of federal control of our local labor and immigration which takes into effect next year.
Second, the qualifications for U.S. delegate are governed and created by the United States Constitution and not our CNMI Constitution. Under the U.S. delegate guidelines, ALL CANDIDATES are subject only to the “age, citizenship, and residency requirements.”
With this in mind, the U.S. Constitution is the ultimate authority which establishes qualifications and which states cannot impose any additional qualifications either through its statutes or constitution. Hence, the 180-day CNMI constitutional provision IS UNCONSTITUTIONAL.
Here’s another interesting perspective if we ignore the underlying facts that I mentioned and went with the 180-day CNMI constitutional provision. First the U.S. delegate’s position was created as a result of President Bush signing the law in May 2008 and created a “special election” for this historic position. From the enactment of the law in May 2008 and up until the election in November 2008 it would be virtually impossible for Mr. Juan T. Lizama to have “reasonable time” or to “reasonably comply” with the constitutional provision since it left him with exactly six months left to comply with the law.
The underlying facts is that if there are any suitable challenges concerning Mr. Juan T. Lizama’s eligibility then I believe that any person or persons should bring forth a suit before the federal court so that the matter can be resolved once and for all.
“Rightful liberty is obstructed action according to our will within limits drawn around us by the equal rights of others. I do not add ‘within the limits of law,’ because law is often but a tyrant’s will, and always so when it violates the rights of individual.” — Thomas Jefferson
DANNY AQUINO JR.
Susupe, Saipan
