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rolevant factors. Summary Judgment is GRANTED and Judgaent will
be entered in the for proposed by the novants in this case.
SO ORDERED this
day of March

1997.

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VO.SK UNPINGCO
District Judge

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ATTACHMENTS TO

STATEMENT FOR THE RECORD

GUAM COMMISSION ON SELF-DETERMINATION

HOUSE RESOURCES COMMITTEE

(105th CONGRESS)

HEARING ON H.R. 100
THE DRAFT GUAM COMMONWEALTH ACT

October 29, 1997

A.

Self-Government Through Mutual Consent, Guam Commonwealth -
February 11, 1993

B.

Memorandum for the Special Representative for Guam Commonwealth -
July 28, 1994

C.

Memorandum to I. Michael Heyman, Special Representative for Guam
Commonwealth - August 26, 1994

D.

Self-Determination for the People of Guam: A Legal Analysis
Guam Commonwealth - August 3, 1993

ATTACHMENT A

SEL-GOVERNIENT THROUGH MUTUAL CONSENT

GUAN COLLONWEALTH

Prosontod By:

Washington Counsel To
The Guam Commission on
Self-Determination

February 11, 1993

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"Mortimer Adler, writing in "We the People" describes American citizens as "American citizen-sovereigns". Ross Perot says "We own

the country". The citizens of the U.S. territories are not part of

the "we" of either Dr. Adler or Ross Perot.

The citizens of Guam

and the other territories are unable to participate in the national government through voting representation, voting for president or

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territories and Commonwealths are, therefore, "American citizen

subjects", just as the British were "subjects" of the crown in

1775.

rose

A. A Government Acting without the consent of the Governed

Is Inconsistent with America's Founding Principles Is there any doubt among us, that a founding principle of this country was the rejection of government acting without the consent of the governed? The United States exists today because our founding fathers up against colonial rulers who, while exercising control from a distant land, refused the people in the colonies any meaningful role in the governance process. The failure to provide for meaningful participation in the process of government ultimately weighed so heavily on the people of the colonies that they were forced to cast it off through armed

rebellion.

As Thomas Jefferson wrote in the Declaration of

Independence:

Governments are instituted among Men, deriving
their Just Powers from the consent of the
Governed, that whenever any Pon of Government
becomes destructive of these Ends, it is the
Right of the People to alter or to abolish it,
and to instituto new Government, laying its
Foundation on such Principles...

to

Nevertheless, the early American democracy was an imperfect model with many excluded from the democratic process. Americans with vision and commitment democratic principles have struggled for the last two hundred years toward bringing more American citizens within the political process. The Constitution, for instance, has been amended three times to ensure that more of our citizens could vote.' Even these Amendments were not enough. Congress has found it necessary to adopt innumerable pieces of legislation to promote and protect civil and voting rights, all with the overriding goal of enabling all the people to participate

in the democratic process.

while for many of us progress has been

we

painfully slow, I have little question that have moved inexorably toward Our founding fathers' original goal of

establishing a truly representative government which exists with

the consent of those it governs.

B.

Voting for Members of the House and Senate and for the
President Provides the People of State with Full

Participation in the Democratic Process
Having the consent of the people, of course, does not mean
that all of the people must agree with each action of government.
Rather, ours is a republican form of government in which the people

representatives

who

sit

in

the

House

of

elect

their

Representatives, the Senate and the Presidency and act on their behalf. The American people participate in our democracy through

The Fifteenth Amendment eliminated voting restrictions based on race. The Nineteenth Amendment eliminated voting restrictions based on sex. The Twenty-Third Amendment gave the people of the District of Columbia a presidential vote.

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