We call the United States the land of liberty with freedom and justice for all. It saddens me to know that this is not true because of the way we treat our fellow citizens on the island of Guam. There is no doubt that some of America's most loyal and patriotic citizens are from Guam. They have remained staunchly faithful to the United States, even though we treat them as less than our equals. It is time that justice be done. At this time I ask you to please vote for true justice on this very important issue and let's make the United States truly the land of liberty with freedom and justice for all, including Guam. As time marches on, we who fought to free Guam shall be gone from this earth. So on behalf of all the veterans of the Guam campaign, I plead with you to cast a "yea" vote, to grant these people their wish to become a commonwealth of the United States. In doing so, the members of this Congress shall share the honor we have as "Liberators of Guam." Your vote can accomplish that which we, 75,000 strong, and backed with massive military arms, were apparently unable to do in 1944. STATEMENT OF HON. RICK HILL, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF MONTANA It is a real pleasure to welcome the distinguished witnesses for today's hearing on certain measures affecting some of our United States territories and the separate sovereign freely associated states. These issues affecting U.S. nationals and citizens in the territories as well as residents of the Pacific freely associated republics are part of the unique and important jurisdiction of the Committee on Resources for the insular areas. That is why Chairman Young scheduled this hearing on matters which could provide for increased local self governance for the people of the insular areas. Let me thank the witnesses from the distant Pacific islands for aggreeing to appear before the Committee. You have traveled thousands of miles to testify, and your efforts are appreciated. You are providing a substantial set of information for the Committee record. Your statements have been provided for review by all of the Committee Members and will be available for all those in the Congress as well who are not Members of the Committee or here today. One of the primary purposes of this hearing is to assist the insular areas, including Guam, in advancing toward greater local self-government. The statements by the witnesses today will help Congress in evaluating the merits of the proposals contained in S. 210, the Omnibus Territories Act, H.R. 2370, the Guam Judicial Empowerment Act, and H.R. 100, the Guam Commonwealth Act. STATEMENT OF HON. PETER C. SIGUENZA, CHIEF JUSTICE OF GUAM Good morning/afternoon Chairman Don Young, Congressman Robert Underwood and other distinguished members of the House Committee on Resources. Thank you for allowing me to have the opportunity to speak. It is indeed an honor. I am here today as the Chief Justice of Guam. My rotating term expires in about a year and a half from now-at which time we justices will elect a new chief. And so in my first and final appearance before you-I want to stress the importance of the critical matter which is before us today. In simple terms, H.R. 2370 would place the Judiciary of Guam on an equal footing with its two coordinate branches of government. As you will note, the inherent powers of both the executive and legislative branches are clearly delineated within the Organic Act. Only the structure of the judiciary lacks this kind of clarity. Ironically, the original local legislation which created the Supreme Court distinctly outlined the Court's authority-clearly placing administrative and appellate jurisdiction with the Court. In this sense, H.R. 2370 undeniably reflects the will of the people. Virtually every provision within the judicial Empowerment Act before you today mirrors the 10 year drafting process which culminated in the passage of the bill in 1992. It is significant to point out that no effort was made to alter the bill for the next three years. The legislation sat intact and untouched for nearly four years—that is, up until the seating of the Court in April of 1996. At that time, on the eve of the confirmation hearings of the justices efforts were undertaken to alter the legislation and curtail the authority of the Court. In effect, what had taken a decade to build was summarily undone within three months. In fact, since the Court's inception-there have been no fewer than four legislative attempts to undermine the Court's administrative authority and even as recently as last month—a successful legislative bid to limit this Court's legal jurisdiction. Let me briefly share with you the chronology of this Court: 1973 Guam Public Law 12-85 is enacted, envisioning a judiciary with a local supreme court at the helm. 1974-The first Supreme Court of Guam is established. 1977-The U.S. Supreme Court strikes down Guam's Supreme Court. 1997-That same year, Guam convenes a constitutional convention. The foundation is laid to establish a Supreme Court as the judicial and administrative head of the judiciary. This draft constitution is submitted and approved by the U.S. Congress. 1984 The Omnibus Territories Act amends the Organic Act to allow for the creation of a Supreme Court. 1993-The Frank G. Lujan Memorial Court Reorganization Act is signed into law after its 1992 passage in the 21st legislature. The bill is patterned after the 1973 local legislation, 1977 draft constitution and provisions from various state constitutions. The legislation calls for a Supreme Court of Guam which will "handle all those matters customarily handled by state supreme courts ... [handle] court rules and court administration. Thus, administrative functions of the courts, formerly lying either with the Judicial Council or the District Court of Guam, are placed with the Supreme Court of Guam. 1995-In November, myself, Janet Healy Weeks and Monessa G. Lujan are nominated to the Supreme Court. 1996-In March, hours after the justices of the Supreme Court are confirmed, the 23rd Guam legislature passes bill 404 which removes certain inherent powers from the Supreme Court. A second bill, bill 494, aims to strip the supervisory jurisdiction of the Supreme Court over all lower courts. That bill is debated, but tabled by the legislative committee on the Judiciary. 1996 Eight months later in December, the legislature attaches the contents the shelved bill 494 as a "midnight" rider to bill 776. The legislation passes and is vetoed by the Governor. An override attempt fails by only a slim margin. In short-this is the problem faced by the Supreme Court of Guam, and why we seek to have this court established within the Organic Act. Permit me the luxury of overstating the obvious when I say that a Judiciary-or any branch of government cannot function independently if another branch can modify or strip it of its powers at will. The bill before this distinguished panel will ensure that like the inherent power of the executive and legislative branches-the corresponding authority of the third branch cannot be tampered with on whim. There are those who espouse the view that the Judicial Council of Guam is the policymaker for the judiciary. Allow me to let the record speak for this court when I say that in the eight years it took lawmakers to craft and fine-tune the bill that created the Supreme Court of Guam—the notion of a judicial council as the administrative arm of the judiciary was explored and subsequently rejected in that role. The Frank G. Lujan Memorial Court Reorganization Act which created the court explicitly envisioned an advisory role for the council. And since that time, the will of the people has not changed. A recent survey conducted on Guam by your colleague and our delegate, Congressman Robert Underwood-in addition to a poll conducted by the Guam Bar Association—along with numerous media editorials-have each independently and resoundingly confirmed the original legislative concept of the Supreme Court at the administrative helm of the judiciary. This is not a structure without precedent. The Judicial Empowerment Act would not only restore the initial intent of local legislation creating the court, but would also confer upon it the same inherent authority exercised by judiciaries in the fifty states and other U.S. jurisdictions. In closing, I leave you with the words of Alexander Hamilton who noted over 200 years ago "the judiciary is beyond comparison the weakest of the three departments of power-all possible care is requisite to enable it to defend itself against their attacks." Thank you Mr. Chairman, Congressman Underwood and other distinguished members of this panel for your time and attention. (I have brought with me copies of the judicial sections from the respective constitutions of every state and U.S. jurisdiction should any of you wish to view them.) TITLE 48 UNITED STATES CODE 1976 CONGRESSIONAL AUTHORIZATION FOR A CONSTITUTION FOR GUAM CHAPTER 12 Historical and Statutory Notes prior to Section 1541 HISTORICAL AND Constitutions' for Virgin Islands and Guam: Establishment; Congressional Authorization Pub. L. 94-584, Oct. 21, 1976, 90 Stat. 2899, as amended by Pub.L. 96-597, Title V. § 501, Dec. 24, 1980, 94 Stat. 3479, provided: "[Section 1. Authorization to organize governments] That the Congress, recognizing the basic democratic principle of government by the consent of the governed, authorizes the peoples of the Virgin Islands and of Guam, respectively, to organize governments pursuant to constitutions of their own adoption as provided in this Act. "Sec. 2. [Constitutional conventions and draft provisions] (a) The Legisla tures of the Virgin Islands and Guam, respectively, are authorized to call constitutional conventions to draft, within the existing territorial-Federal relationship, constitutions for the local selfgovernment of the people of the Virgin Islands and Guam. "(b) Such constitutions shall "(1) recognize, and be consistent with, the sovereignty of the United States over the Virgin Islands and Guam, respectively, and the supremacy of the provisions of the Constitution, treaties, and laws of the United States applicable to the Virgin Islands and Guam, respectively, including, but not limited to, those provisions of the Organic Act [section 1405 et seq. of this title] and Revised Organic Act of STATUTORY NOTES the Virgin Islands [this chapter] and the Organic Act of Guam [section 1421 et seq. of this title] which do not relate to local self-government. "(2) provide for a republican form of government, consisting of three branches: executive, legislative, and judicial; "(3) contain a bill of rights; as "(4) deal with the subject matter of those provisions of the Revised Organic Act of the Virgin Islands of 1954, as amended, and the Organic Act of Guam, amended, respectively, which relate to local self-government; "(5) with reference to Guam, provide that the voting franchise may be vested only in residents of Guam who are citizens of the United States; "(6) provide for a system of local courts consistent with the provisions of the Revised Organic Act of the Virgin Islands, as amended; and "(7) provide for the establishment of a system of local courts the provisions of which shall become effective no sooner than upon the enactment of legislation regulating the relationship between the local courts of Guam with the Federal judicial system. "Sec. 3. [Selection and qualification of members] The members of such constitutional conventions shall be chosen as provided by the laws of the Virgin Islands and Guam, respectively (enacted after the date of enactment of this Act) [Oct. 21, 1976]: Provided, however, That 367 no person shall be eligible to be a member of the constitutional conventions, unless he is a citizen of the United States and qualified to vote in the Virgin Is lands and Guam, respectively. "Sec. 4. [Submittal of proposed constitutions to governors and President] The conventions shall submit to the Governor of the Virgin Islands a proposed constitution for the Virgin Islands and to the Governor of Guam a proposed constitution for Guam which shall comply with the requirements set forth in section 2(b) above. Such constitutions shall be submitted to the President of the United States by the Governors of the Virgin Islands and Guam. "Sec. 5. [Transmittal to Congress and submittal to voters] Within sixty calendar days after the respective date on which he has received each constitution, the President shall transmit such constitution together with his comments to the Congress. The constitution, in each case, shall be deemed to have been approved by the Congress within sixty legislative days (not interrupted by an adjournment sine die of the Congress) after its submission by the President, unless prior to that date the Congress has approved the constitution, or modified or amended it, in whole or in part, by joint resolution. As so approved or modified, the constitutions shall be submitted to the qualified voters of the Virgin Islands and Guam, respectively, for acceptance or rejection through islandwide referendums to be conducted as provided under the laws of the Virgin Islands and Guam, respectively, (enacted after the date of enactment of this Act) [Oct. 21, 1976]. Upon approval by not less than a majority of the voters (counting only the affirmative or negative votes) participating in such referendums, the constitutions shall become effective in accordance with their terms." Relative to requesting the 105 Congress to amend the Organic Act by adding a new BE IT RESOLVED BY THE LEGISLATURE OF THE TERRITORY OF GUAM: WHEREAS, in 1976 the United States Congress enabled the people of Guam, pursuant to P.L. No. 95-584, to organize a government under a constitution of our own adoption, which upon approval by Congress and the people of Guam, would provide for local government over the internal affairs of our Island; and WHEREAS, when the current government of Guam structure for territorial government was established under the 1950 Organic Act, it was welcomed by the people of Guani as progress toward greater local government, but it was instituted without the consent of the people of Guam through a democratic act of self-determination or participation in the Federal lawmaking process on the basis of equal citizenship or equal representation; and WHEREAS, the 1977 Constitution of Guam, drafted pursuant to Federal and local statutes, was approved by Congress but was not approved by the people of Guam in the 1979 referendum; and WHEREAS, the process of establishment of internal local government under a local constitution was suspended after linkage was created between the draft constitution and the political status process; and WHEREAS, in light of representation and speculations inconsistent with the foregoing from 1979 to the present, it is essential for Congress to confirm its original and continued intention and expectation that authorization and approval of local constitutional government in Guam would not preclude or be prejudicial to the exercise of the right to self-determination, as part of the process through which ultimate political status of the territory of Guamn is to be determined; now therefore, be it RESOLVED, by the Guam Legislature, on behalf of the people of Guam, request the One Hundred and Fifth Congress uf the United States to amend Public Law No. 94-585, Oct. 21, 1976, 90 Stat. 2899, as amended by Public Law No. 96-597, Title V. Sec. 501, Dec. 24, 1980, 94 Stat. 3479, by adding a new Section 6 to read as follows: Section 6. Establishment of local constitutional local government pursuant to this Act shall not preclude or prejudice the further exercise in the future by the people of Guam or the Virgin Islands of the right of selfdetermination regarding the ultimate political status of either territory." and be it further RESOLVED, that the Speaker certifies to, and the Legislative Secretary attests, the adoption hereof and that copies thereafter be transmitted to: the President of the United States of America; to the President Pro Tempore, United States Senate; to the Majority Leader, United States Senate; to the Minority Leader, United States Senate; to the Chairman of the Committee of Energy and Natural Resources, United States Senate: to the Speaker, U.S. House of Representatives; to the Majority Leader. U.S. House of Representatives; to the Minority Leader, U.S. House of Representatives; to the Chairman of the Committee on Resources. U.S. House of Representatives; to the Resident Commissioner of Puerto Rico, U.S. House of Representatives; to the Virgin Islands Delegate to Washington, U.S. House of Representatives; to the Cuam Delegate to Washington, U.S. House of Representatives; to the President of the Mayor's Council; and to the Honorable Carl T.C. Gutierrez, Governor of Cuam. DULY AND REGULARI.Y ADOPTED ON THE 15TH DAY OF SEPTEMBER, 1997. Testimony of Interior Deputy Secretary John Garamendi October 29, 1997 Mr. Chairman, members of the Committee, I commend you for holding today's hearing on H.R. 100, the Guam Commonwealth Draft Act. Today's hearing provides an historic opportunity for Congress and the Administration to provide clarity on the response of the United States to Guam's proposal. As you know, the last hearings on this matter were conducted in 1989. At that time, officials identified numerous problems with the bill as drafted. The former chairman of the subcommittee on territorial and international affairs requested that Federal agencies try to work out a more viable bill for addressing Guam's underlying concerns with the territory's leaders. Eight years later, Guam and the Administration are provided an opportunity to report to Congress. This is an auspicious time to do it -- 1997 marks the tenth anniversary of when the people of Guam voted to send the Guam Commonwealth Draft Act to Congress. In addition, next year also marks the centennial of the end of the Spanish American War in 1898, when the United States obtained Guam from Spain. The issue of Guam's political status represents an important piece of "unfinished business" that sorely needs resolution. So where are we with respect to Guam's quest for Commonwealth in 1997? Briefly, the Administration has had several years of very positive and productive discussions with Guam. We have come a long way toward a fuller appreciation of Guam's aspirations for Commonwealth. Furthermore, the Administration has made significant progress in clarifying the legal and policy parameters of what we are able to recommend under a Federal framework. I believe we have reached an understanding on an outline of Commonwealth legislation that would conform to Federal parameters, while achieving legitimate aspirations for greater self-government within the U.S. political family. In order to bring final resolution to America's consideration of Guam Commonwealth, the Administration invites Congress to build on the progress of the past eight years by working closely with Guam and the Administration to prepare a final formulation of mutually acceptable legislation. Before providing the details of the current status, I would like to provide a brief history of Guam Commonwealth. Governor Gutierrez and Congressman Underwood can provide a fuller and more eloquent description of this history than I. For purposes of my testimony, however, I will begin only from two decades ago. |