Constitution of the Federated States of Micronesia 1978, as amended to 1990


Citizenship and Nationality

A person who is a citizen of the Trust Territory immediately prior to the effective date of this Constitution and a domiciliary of a District ratifying this Constitution is a citizen and national of the Federated States of Micronesia. (Art. III, Sec. 1)

Citizenship and Nationality

A person born of parents one or both of whom are citizens of the Federated States of Micronesia is a citizen and national of the Federated States by birth. (Art. III, Sec. 2)

Citizenship and Nationality

A citizen of the Federated States of Micronesia who is recognized as a citizen of another nation shall, within 3 years of his 18th birthday, or within 3 years of the effective date of this Constitution, whichever is later, register his intent to remain a citizen of the Federated States and renounce his citizenship of another nation. If he fails to comply with this Section, he becomes a national of the Federated States of Micronesia. (Art. III, Sec. 3)

Citizenship and Nationality

The following powers are expressly delegated to Congress:

(c) to regulate immigration, emigration, naturalization, and citizenship;
… (Art. IX, Sec. 2)

Jurisdiction and Access

The appellate division of the Supreme Court may review cases heard in the national courts, and cases heard in state or local courts if they require interpretation of this Constitution, national law, or a treaty. If a state constitution permits, the appellate division of the Supreme Court may review other cases on appeal from the highest state court in which a decision may be had. (Art. XI, Sec. 7)

Jurisdiction and Access

When a case in a state or local court involves a substantial question requiring the interpretation of the Constitution, national law, or a treaty, on application of a party or on its own motion the court shall certify the question to the appellate division of the Supreme Court. The appellate division of the Supreme Court may decide the case or remand it for further proceedings. (Art. XI, Sec. 8)

Equality and Non-Discrimination

A person may not be deprived of life, liberty, or property without due process of law, or be denied the equal protection of the laws. (Art. IV, Sec. 3)

Equality and Non-Discrimination

Equal protection of the laws may not be denied or impaired on account of sex, race, ancestry, national origin, language, or social status. (Art. IV, Sec. 4)

Limitations and/or Derogations

(a) If required to preserve public peace, health, or safety, at a time of extreme emergency caused by civil disturbance, natural disaster, or immediate threat of war, or insurrection, the President may declare a state of emergency and issue appropriate decrees.
(b) A civil right may be impaired only to the extent actually required for the preservation of peace, health, or safety. A declaration of emergency may not impair the power of the judiciary except that the declaration shall be free from judicial interference for 30 days after it is first issued.
… (Art. X, Sec. 9)

Political Rights and Association

No law may deny or impair freedom of expression, peaceable assembly, association, or petition. (Art. IV, Sec. 1)

Political Rights and Association

A citizen 18 years of age may vote in national elections. The Congress shall prescribe a minimum period of local residence and provide for voter registration, disqualification for conviction of crime, and disqualification for mental incompetence or insanity. Voting shall be secret. (Art. VI, Sec. 1)

Head of State

The executive power of the national government is vested in the President of the Federated States of Micronesia. He is elected by Congress for a term of four years by a majority vote of all the members. … (Art. X, Sec. 1)

Head of State

The President:
(a) is head of state of the Federated States of Micronesia;
… (Art. X, Sec. 3)

Head of State

A person is ineligible to become President unless he is a member of Congress for a 4-year term, a citizen of the Federated States of Micronesia by birth, and a resident of the Federated States of Micronesia for at least 15 years. (Art. X, Sec. 4)

Vice-President

A person is ineligible to become President unless he is a member of Congress for a 4-year term, a citizen of the Federated States of Micronesia by birth, and a resident of the Federated States of Micronesia for at least 15 years. (Art. X, Sec. 4)

Vice-President

After the election of the President, the Vice-President is elected in the same manner as the President, has the same qualifications, and serves for the same term of office. He may not be a resident of the same state. … (Art. X, Sec. 5)

Legislature

The legislative power of the national government is vested in the Congress of the Federated States of Micronesia. (Art. IX, Sec. 1)

Legislature

The Congress consists of one member elected at large from each state on the basis of state equality, and additional members elected from congressional districts in each state apportioned by population. (Art. IX, Sec. 8)

Legislature

A person is ineligible to be a member of Congress unless he is at least 30 years of age on the day of election and has been a citizen of the Federated States of Micronesia for at least 15 years, and a resident of the state from which he is elected for at least 5 years. A person convicted of a felony by a state or national government court is ineligible to be a member of Congress. The Congress may modify this provision or prescribe additional qualifications; knowledge of the English language may not be a qualification. (Art. IX, Sec. 9)

Legislature

A state may provide that one of its seats is set aside for a traditional leader who shall be chosen as provided by statute for a two-year term, in lieu of one representative elected on the basis of population. The number of congressional districts shall be reduced and reapportioned accordingly. (Art. IX, Sec. 11)

Protection from Violence

Slavery and involuntary servitude are prohibited except to punish crime. (Art. IV, Sec. 10)

Public Institutions and Services

The national government of the Federated States of Micronesia recognizes the right of the people to education, health care, and legal services and shall take every step reasonable and necessary to provide these services. (Art. XIII, Sec. 1)

Status of the Constitution

This Constitution is the expression of the sovereignty of the people and is the supreme law of the Federated States of Micronesia. An act of the Government in conflict with this Constitution is invalid to the extent of conflict. (Art. II, Sec. 1)

Status of the Constitution

Court decisions shall be consistent with this Constitution, Micronesian customs and traditions, and the social and geographical configuration of Micronesia. In rendering a decision, a court shall consult and apply sources of the Federated States of Micronesia. (Art. XI, Sec. 11)

Status of the Constitution

It is the solemn obligation of the national and state governments to uphold the provisions of this Constitution and to advance the principles of unity upon which this Constitution is founded. (Art. XIII, Sec. 3)

Status of the Constitution

A statute of the Trust Territory continues in effect except to the extent it is inconsistent with this Constitution, or is amended or repealed. A writ, action, suit, proceeding, civil or criminal liability, prosecution, judgment, sentence, order, decree, appeal, cause of action, defense, contract, claim, demand, title, or right continues unaffected except as modified in accordance with the provisions of this Constitution. (Art. XV, Sec. 1)

Status of the Constitution

A local government and its agencies may continue to exist even though its charter or powers are inconsistent with this Constitution. To promote an orderly transition to the provisions of this Constitution, and until state governments are established, Congress shall provide for the resolution of inconsistencies between local government charters and powers, and this Constitution. This provision ceases to be effective 5 years after the effective date of this Constitution. (Art. XV, Sec. 4)

Status of the Constitution

This Constitution takes effect 1 year after ratification unless the Congress of Micronesia by joint resolution specifies an earlier date. If a provision of this Constitution is held to be in fundamental conflict with the United Nations Charter or the Trusteeship Agreement between the United States of America and the United Nations, the provision does not become effective until the date of termination of the Trusteeship Agreement. (Art. XVI, Sec. 1)

Status of International Law

The appellate division of the Supreme Court may review cases heard in the national courts, and cases heard in state or local courts if they require interpretation of this Constitution, national law, or a treaty. … (Art. XI, Sec. 7)

Status of International Law

When a case in a state or local court involves a substantial question requiring the interpretation of the Constitution, national law, or a treaty, on application of a party or on its own motion the court shall certify the question to the appellate division of the Supreme Court. … (Art. XI, Sec. 8)

Status of International Law

This Constitution takes effect 1 year after ratification unless the Congress of Micronesia by joint resolution specifies an earlier date. If a provision of this Constitution is held to be in fundamental conflict with the United Nations Charter or the Trusteeship Agreement between the United States of America and the United Nations, the provision does not become effective until the date of termination of the Trusteeship Agreement. (Art. XVI, Sec. 1)

Religious Law

No law may be passed respecting an establishment of religion … (Art. IV, Sec. 2)

Customary Law

Nothing in this Constitution takes away a role or function of a traditional leader as recognized by custom and tradition, or prevents a traditional leader from being recognized, honoured, and given formal or functional roles at any level of government as may be prescribed by this Constitution or by statute. (Art. V, Sec. 1)

Customary Law

The traditions of the people of the Federated States of Micronesia may be protected by statute. If challenged as violative of Article IV,2protection of Micronesian tradition shall be considered a compelling social purpose warranting such governmental action. (Art. V, Sec 2)

Customary Law

The Congress may establish, when needed, a Chamber of Chiefs consisting of traditional leaders from each state having such leaders, and of elected representatives from states having no traditional leaders. The constitution of a state having traditional leaders may provide for an active, functional role for them. (Art. V, Sec. 3)

Customary Law

A state may provide that one of its seats is set aside for a traditional leader who shall be chosen as provided by statute for a two-year term, in lieu of one representative elected on the basis of population. The number of congressional districts shall be reduced and reapportioned accordingly. (Art. IX, Sec. 11)

Customary Law

Court decisions shall be consistent with this Constitution, Micronesian customs and traditions, and the social and geographical configuration of Micronesia. In rendering a decision, a court shall consult and apply sources of the Federated States of Micronesia. (Art. XI, Sec. 11)

Citizenship and Nationality

English

A person who is a citizen of the Trust Territory immediately prior to the effective date of this Constitution and a domiciliary of a District ratifying this Constitution is a citizen and national of the Federated States of Micronesia. (Art. III, Sec. 1)

Citizenship and Nationality

English

A person born of parents one or both of whom are citizens of the Federated States of Micronesia is a citizen and national of the Federated States by birth. (Art. III, Sec. 2)

Citizenship and Nationality

English

A citizen of the Federated States of Micronesia who is recognized as a citizen of another nation shall, within 3 years of his 18th birthday, or within 3 years of the effective date of this Constitution, whichever is later, register his intent to remain a citizen of the Federated States and renounce his citizenship of another nation. If he fails to comply with this Section, he becomes a national of the Federated States of Micronesia. (Art. III, Sec. 3)

Citizenship and Nationality

English

The following powers are expressly delegated to Congress:

(c) to regulate immigration, emigration, naturalization, and citizenship;
… (Art. IX, Sec. 2)

Jurisdiction and Access

English

The appellate division of the Supreme Court may review cases heard in the national courts, and cases heard in state or local courts if they require interpretation of this Constitution, national law, or a treaty. If a state constitution permits, the appellate division of the Supreme Court may review other cases on appeal from the highest state court in which a decision may be had. (Art. XI, Sec. 7)

Jurisdiction and Access

English

When a case in a state or local court involves a substantial question requiring the interpretation of the Constitution, national law, or a treaty, on application of a party or on its own motion the court shall certify the question to the appellate division of the Supreme Court. The appellate division of the Supreme Court may decide the case or remand it for further proceedings. (Art. XI, Sec. 8)

Equality and Non-Discrimination

English

A person may not be deprived of life, liberty, or property without due process of law, or be denied the equal protection of the laws. (Art. IV, Sec. 3)

Equality and Non-Discrimination

English

Equal protection of the laws may not be denied or impaired on account of sex, race, ancestry, national origin, language, or social status. (Art. IV, Sec. 4)

Limitations and/or Derogations

English

(a) If required to preserve public peace, health, or safety, at a time of extreme emergency caused by civil disturbance, natural disaster, or immediate threat of war, or insurrection, the President may declare a state of emergency and issue appropriate decrees.
(b) A civil right may be impaired only to the extent actually required for the preservation of peace, health, or safety. A declaration of emergency may not impair the power of the judiciary except that the declaration shall be free from judicial interference for 30 days after it is first issued.
… (Art. X, Sec. 9)

Political Rights and Association

English

No law may deny or impair freedom of expression, peaceable assembly, association, or petition. (Art. IV, Sec. 1)

Political Rights and Association

English

A citizen 18 years of age may vote in national elections. The Congress shall prescribe a minimum period of local residence and provide for voter registration, disqualification for conviction of crime, and disqualification for mental incompetence or insanity. Voting shall be secret. (Art. VI, Sec. 1)

Head of State

English

The executive power of the national government is vested in the President of the Federated States of Micronesia. He is elected by Congress for a term of four years by a majority vote of all the members. … (Art. X, Sec. 1)

Head of State

English

The President:
(a) is head of state of the Federated States of Micronesia;
… (Art. X, Sec. 3)

Head of State

English

A person is ineligible to become President unless he is a member of Congress for a 4-year term, a citizen of the Federated States of Micronesia by birth, and a resident of the Federated States of Micronesia for at least 15 years. (Art. X, Sec. 4)

Vice-President

English

A person is ineligible to become President unless he is a member of Congress for a 4-year term, a citizen of the Federated States of Micronesia by birth, and a resident of the Federated States of Micronesia for at least 15 years. (Art. X, Sec. 4)

Vice-President

English

After the election of the President, the Vice-President is elected in the same manner as the President, has the same qualifications, and serves for the same term of office. He may not be a resident of the same state. … (Art. X, Sec. 5)

Legislature

English

The legislative power of the national government is vested in the Congress of the Federated States of Micronesia. (Art. IX, Sec. 1)

Legislature

English

The Congress consists of one member elected at large from each state on the basis of state equality, and additional members elected from congressional districts in each state apportioned by population. (Art. IX, Sec. 8)

Legislature

English

A person is ineligible to be a member of Congress unless he is at least 30 years of age on the day of election and has been a citizen of the Federated States of Micronesia for at least 15 years, and a resident of the state from which he is elected for at least 5 years. A person convicted of a felony by a state or national government court is ineligible to be a member of Congress. The Congress may modify this provision or prescribe additional qualifications; knowledge of the English language may not be a qualification. (Art. IX, Sec. 9)

Legislature

English

A state may provide that one of its seats is set aside for a traditional leader who shall be chosen as provided by statute for a two-year term, in lieu of one representative elected on the basis of population. The number of congressional districts shall be reduced and reapportioned accordingly. (Art. IX, Sec. 11)

Protection from Violence

English

Slavery and involuntary servitude are prohibited except to punish crime. (Art. IV, Sec. 10)

Public Institutions and Services

English

The national government of the Federated States of Micronesia recognizes the right of the people to education, health care, and legal services and shall take every step reasonable and necessary to provide these services. (Art. XIII, Sec. 1)

Status of the Constitution

English

This Constitution is the expression of the sovereignty of the people and is the supreme law of the Federated States of Micronesia. An act of the Government in conflict with this Constitution is invalid to the extent of conflict. (Art. II, Sec. 1)

Status of the Constitution

English

Court decisions shall be consistent with this Constitution, Micronesian customs and traditions, and the social and geographical configuration of Micronesia. In rendering a decision, a court shall consult and apply sources of the Federated States of Micronesia. (Art. XI, Sec. 11)

Status of the Constitution

English

It is the solemn obligation of the national and state governments to uphold the provisions of this Constitution and to advance the principles of unity upon which this Constitution is founded. (Art. XIII, Sec. 3)

Status of the Constitution

English

A statute of the Trust Territory continues in effect except to the extent it is inconsistent with this Constitution, or is amended or repealed. A writ, action, suit, proceeding, civil or criminal liability, prosecution, judgment, sentence, order, decree, appeal, cause of action, defense, contract, claim, demand, title, or right continues unaffected except as modified in accordance with the provisions of this Constitution. (Art. XV, Sec. 1)

Status of the Constitution

English

A local government and its agencies may continue to exist even though its charter or powers are inconsistent with this Constitution. To promote an orderly transition to the provisions of this Constitution, and until state governments are established, Congress shall provide for the resolution of inconsistencies between local government charters and powers, and this Constitution. This provision ceases to be effective 5 years after the effective date of this Constitution. (Art. XV, Sec. 4)

Status of the Constitution

English

This Constitution takes effect 1 year after ratification unless the Congress of Micronesia by joint resolution specifies an earlier date. If a provision of this Constitution is held to be in fundamental conflict with the United Nations Charter or the Trusteeship Agreement between the United States of America and the United Nations, the provision does not become effective until the date of termination of the Trusteeship Agreement. (Art. XVI, Sec. 1)

Status of International Law

English

The appellate division of the Supreme Court may review cases heard in the national courts, and cases heard in state or local courts if they require interpretation of this Constitution, national law, or a treaty. … (Art. XI, Sec. 7)

Status of International Law

English

When a case in a state or local court involves a substantial question requiring the interpretation of the Constitution, national law, or a treaty, on application of a party or on its own motion the court shall certify the question to the appellate division of the Supreme Court. … (Art. XI, Sec. 8)

Status of International Law

English

This Constitution takes effect 1 year after ratification unless the Congress of Micronesia by joint resolution specifies an earlier date. If a provision of this Constitution is held to be in fundamental conflict with the United Nations Charter or the Trusteeship Agreement between the United States of America and the United Nations, the provision does not become effective until the date of termination of the Trusteeship Agreement. (Art. XVI, Sec. 1)

Religious Law

English

No law may be passed respecting an establishment of religion … (Art. IV, Sec. 2)

Customary Law

English

Nothing in this Constitution takes away a role or function of a traditional leader as recognized by custom and tradition, or prevents a traditional leader from being recognized, honoured, and given formal or functional roles at any level of government as may be prescribed by this Constitution or by statute. (Art. V, Sec. 1)

Customary Law

English

The traditions of the people of the Federated States of Micronesia may be protected by statute. If challenged as violative of Article IV,2protection of Micronesian tradition shall be considered a compelling social purpose warranting such governmental action. (Art. V, Sec 2)

Customary Law

English

The Congress may establish, when needed, a Chamber of Chiefs consisting of traditional leaders from each state having such leaders, and of elected representatives from states having no traditional leaders. The constitution of a state having traditional leaders may provide for an active, functional role for them. (Art. V, Sec. 3)

Customary Law

English

A state may provide that one of its seats is set aside for a traditional leader who shall be chosen as provided by statute for a two-year term, in lieu of one representative elected on the basis of population. The number of congressional districts shall be reduced and reapportioned accordingly. (Art. IX, Sec. 11)

Customary Law

English

Court decisions shall be consistent with this Constitution, Micronesian customs and traditions, and the social and geographical configuration of Micronesia. In rendering a decision, a court shall consult and apply sources of the Federated States of Micronesia. (Art. XI, Sec. 11)

1

Links to all sites last visited 2 March 2016

2

Art. IV on Declaration of Rights.