Pacific Daily News from Agana Heights, Guam • 22

Yes vote: Logical political process NDAY NEWS July 29 1979 and the stronger and more determined voice of the 1976 Political Status referendum calling for the improvement of status and the drafting of a constitution did not fall on deaf ears On Oct 21 1976 Rep AB Won bill authorizing Guam to draft its own constitution was enacted into law A few months later on Dec 2 1976 Sen Frank Bias authored and had enacted into law through the 13th Guam Legislature a local law which was identical to Won and fulfilled the desire for a Constitutional Convention For the second time in a decade the voters of Guam went to the polls to elect their constitutional convention delegates On that election date 13633 voters reaffirmed through their fourth electoral process in a decade the desire to have a constitution The present proposed Guam constitution is a product of the free will and exercise of 32 conscientious and diligent convention delegates Like all human endeavors it has its human failings But as a document in the interest of our children and our future it must be viewed collectively One must not be selfish and isolate a single section as an argument against the entire document The constitution contrary to rumor hearsay and unsubstantiated attacks and arguments does not jeopardize existing federal programs such as food stamps medicare medicaid or other governmental assistance in aids to non-public school students such as buses and textbooks The judicial branch under the constitution is complete in its provisions of judicial review and the appellate process Any addition to this process through the federal court system can only enhance the appellate process for the people of Guam The proposed constitution does not force Guam to give up our special way of life or our unique culture to the United States but rather it acknowledges that we live and operate in political union with the US along the same lines as any other state in the union In fact the proposed Guam constitution is remarkably similiar to many of the constitutions of the 50 states The people of Guam have let their goal be known since the convention of 1969 To work for an improvement of our political status with the United States while at the same time drafting and being governed locally by our own constitution I am certain that now that the opportunity to realize our aspirations has presented itself we will take advantage of it ratify our constitution and take our deserved and rightful place alongside the United States in the world community of the and beyond By SEN JAMES UNDERWOOD Few people today remember the Constitutional Convention of 1969 Even fewer remember who the delegates were or the reason why first constitution was not approved Of the 43 delegates to that convention many are now prominent government leaders such as our Lt Governor four senators of the 15th Guam Legislature a judge of the Superior Court several village commissioners numerous directors of GovGuam agencies and departments and even a few delegates who braved a Constitutional Convention a second time The 1969 Constitution was unsuccessful because it tried to amend the Organic Act which only the US Congress can do or permit But the document was significant because it was the first free and unsolicited declaration of intent of Guam to remain in political union with the US under a constitution of our own design The people of Guam again demonstrated their desire for a locally-governing constitution in political union with the US on Sept 4 1976 Then 51 percent (10231 persons) of the voters in a special Political Status referendum voted to improve our political status with the United States The results of this referendum bear repeating as they illustrate precisely the feeling of the people of Guam with regard to a self-generated Constitution for Guam On the Political Status referendum ballot five options were presented for a vote The referendum was preceded by a thorough educational process and the ballot itself explained what a vote for any option could mean Option 1 was in favor of the status quo for Guam to continue as an unincorporated US territory under the Organic Act of 1950 without its own constitution The option received 1586 votes about 8 percent of the vote Option 2 was a vote to improve our present status with the US This option was the overwhelming choice of the people of Guam receiving 10231 votes or 51 percent of the vote cast A vote in favor of Option 2 supported five actions: That Guam shall continue its close relationship with the United States That Guam shall seek to improve portions of the Organic Act and other federal laws to improve the economic and social opportunities of its That Guam should not bargain away important rights it already possesses such as the right to receive federal grants-in-aid and the right to retain all federal income taxes paid on Guam That final approval of any improvement in status must be approved by the citizens of Guam by referendum That Guam should seek the right to draft its own Constitution The third option on the referendum ballot was for independence from the US an option which received 1004 votes or some 5 percent of the vote Option 4 on the ballot was statehood which meant that elected officials should actively work to become a state in full equality with the rest of the US Option 5 was to vote in favor of another relationship which meant either a relationship with the US or some other form of government not mentioned in the other four options or a new kind of status The echoes of the 1969 Constitutional Convention Sen James Underwood was a delegate to the Constitutional Convention that drafted the proposed Guam constitution No vote: No better than Organic Act shifts We are faced with a document that does not address these crucial issues but instead asks us to ratify the status quo What will be said by the federal government if and when we decide that we should change these federal regulations? Guam you approved the constitution and the conditions that went along with As a document the proposed constitution has numerous provisions which are contestable in court A great deal of litigation is not only possible but likely The one-man-one vote guidelines is ignored by the redistricting plan which favors the southern end of Guam and loses one senator for the people of Dededo and Yigo The most cutting blow is the painful reality that the amendment process does not really lie with the people of Guam as maintained by the proponents One of the strongest arguments constitution supporters use is the fact that we can change it by ourselves That assertion is not quite accurate That is where the people of Guam stand The choice is between a document which acknowledges our political inferiority and is unworkable and a vote which sends a message Vote No Let everyone know that the document is too confining too poorly written too fully of inconsistencies to be worthy of our approval Be choosy be picky It is our right to be so volve Guam-federal relations The questions which bother many people and which engender lively debate are those related to land air routes shipping federal tax collecting and immigration tied up with questions of future political status since various forms of political life may be advantageous for Guam to deal with these issues Although the alleged constitution mention these issues specifically (indeed Congress forbade it) your yes or no vote might limit future options in determining political status or arranging special relationships with the federal government A vote would mean you accept federal supremacy In future years should the constitution be approved it would be difficult to argue for special kinds of relationships and agreements Your vote would be interpreted as complete satisfaction with the system that keeps Guam a junior partner in a very uneven relationship On the other hand a vote would be a statement that you have choices about status and Guam-federal relations which you want to lose A vote necessarily mean you desire less political union with the US It simply means that you want to make decision which has an effect on political status or federal-Guam relations Keeping our options open is our only hope for our future economic situation is anything but self-sufficient and the primary stumbling blocks are to be found in federal relationships Guam is not free to develop its natural attributes its air routes its shipping policies It cannot freely utilize regional agencies in the Pacific and Asia It must purchase products at higher prices due to federal laws and its incipient industries are frequently damaged or destroyed by federal policy By ROBERT UNDERWOOD voters will be asked on Aug 4 to vote on a document which will have a great impact on the island's future As responsible citizens dedicated to a Guam with political dignity and economic self-sufficiency we must insure that we understand all the issues which surround the alleged constitution In keeping with our basic commitment to Guam we oppose the alleged constitution for the following reasons 1 The enabling legislation was so full of conditions that what we are presented with is not a constitution but a new Organic Act A constitution gets its authority from the people it governs not an act of Congress 2 It denies that people have political maturity and prejudices future discussion on political status It maintains the status quo in terms of federal-Guam relations 3 It does nothing to promote economic self-sufficiency which is impeded by our presented political structure and federal-Guam relationships 4 It has too many legal flaws and inconsistencies which will result in continual litigation The problems in implementation will be enormous The enabling act passed by Congress allowing a constitution to be drafted is full of startling contradictions In this act which ostensibly the rights of self-government there are six conditions made on the constitution One of the most startling is that whatever court system Guam sets up in the alleged constitution and whether or not it is approved by the voters it is all academic The US Congress will still have to pass legislation on the matter One of the most obvious realities about Guam is that nearly all important issues are those which in Robert Underwood Is a teacher at the University of Guam and has been an organizer of the PARA-PADA coalition that opposes the proposed.