fsmc amendment of constitution

8/3/2019 FSMC Amendment of Constitution

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FSMC, TITLE 1. GENERAL PROVISIONS

Chapter 7: Amendment of the Constitution

§ 701. Short title. § 702. Methods of proposing constitutional amendments. § 703. Format of constitutional amendment. § 704. Ratification of constitutional amendments. § 705. Notice of ratification - Effectiveness. § 706. Implementing regulations.

§ 701. Short title. This chapter shall be known and may be cited as the "Constitutional

Amendment Procedure Act." § 702. Methods of proposing constitutional amendments.

(1) There shall be three methods of proposing amendments to theConstitution of the Federated States of Micronesia:

(a) Constitutional convention. Upon application of the legislatures of three-fourths of the States, the Congress of the Federated States of Micronesia shallenact a law authorizing a constitutional convention for the purpose of proposing aspecific amendment or amendments to the Constitution. At least every tenyears, the Congress shall submit to the voters the question: "Shall there be aconvention to revise or amend the Constitution?" A referendum on the question

shall be held no later than May 10, 1989; or (b) Initiative petition. A constitutional amendment may be proposed by a

popular initiative petition signed by no less than ten percent of the registeredvoters in not less than three-fourths of the States. An initiative petition with therequisite number of signatures shall be transmitted by the election commissioner of each respective State as established in section 703(4) of this chapter, withoutdelay to the President of the Federated States of Micronesia; or

(c) Congressional act. A constitutional amendment may also be proposedby an act of Congress pursuant to the provisions of article IX, sections 20through 22 of the Constitution.

(2) No proposed constitutional amendment will be placed on the ballot in ageneral election for Members of the Congress of the Federated States of Micronesia unless it shall have been received by the President no later than 45consecutive days prior to the date of said general election; provided, however,that nothing in this subsection shall prevent a proposed constitutionalamendment from being placed on the ballot during a special election called bythe President for that purpose.



§ 703. Format of constitutional amendment.

The format of constitutional amendments shall be uniform as prescribed bythe President, according to the following basic guidelines:

(1) Proposed constitutional amendments which have been received by thePresident, pursuant to section 702 of this chapter, shall be printed on ballots tobe voted on simultaneously by all voters of the Federated States of Micronesiaduring a general election for the Members of the Congress of the FederatedStates of Micronesia or during a special election called by the Presidentspecifically for that purpose, unless the vote is called for at a different datepursuant to law.

(2) The proposed constitutional amendment shall cite the appropriate articleof the Constitution by title and shall state at length the section or its subsectionproposed to be amended, followed immediately by the question: "Do you approve of this proposed amendment to the Constitution: YES| | NO| |?"

(3) The proposed constitutional amendment shall be printed in English andshall also be translated into the major languages of the individual States asappropriate.

(4) The President shall appoint an election commissioner for each of theStates with the advice and consent of Congress, who shall, as soon aspracticable after the election, certify and transmit the results of the votes cast onthe amendment to the President and the Congress of the Federated States of Micronesia.

(5) The President of the Federated States of Micronesia shall be the judgeas to the approval or disapproval of an amendment to the Constitution, subject toan override by the Congress by not less than a three-fourths vote of all the Statedelegations, with each State delegation casting one vote.

§ 704. Ratification of constitutional amendments. (1) A proposed constitutional amendment is deemed to have been ratified if

approved by three-fourths of the votes cast on that amendment in at least three-

fourths of the States of the Federated States of Micronesia. (2) In the event conflicting constitutional amendments submitted to the

voters at the same election are approved, the amendment receiving the highestnumber of affirmative votes shall prevail to the extent of the conflict.



(3) Once ratified, a constitutional amendment becomes part of theConstitution and is as effective as all other parts of the Constitution, against allStates of the Federated States of Micronesia.

§ 705. Notice of ratification - Effectiveness. Upon receipt of the certified results of votes pursuant to section 703(4) of this

chapter, and having made the determination that a constitutional amendment hasbeen ratified in accordance with section 704(1) of this chapter, the Presidentshall, no later than fifteen days thereafter, issue a proclamation announcing theratification of the amendment and that its effectiveness is retroactive to the dateof the election.

§ 706. Implementing regulations. The President is hereby authorized to designate an agency within the

executive branch to administer the provisions of this chapter with the power toissue implementing rules and regulations which, upon approval by the President,shall have the force and effect of law.

fsmc amendment of constitution

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