Staying constitutional

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It’s good to push issues to improve the wellbeing of the indigenous people. But where there are legal issues, this require a bit more purposeful planning than hurling views that are hardly tethered to constitutional requirements.

For instance, NMD’s scheme to use public land to acquire business interest from established foreign investments here and use of MPLT funds misses the mark altogether. The proceeding illuminates the missing foundation from the outset.

1). Constitutionally, management, use, and disposition of public land rest with DPL.

2). DPL remits land lease funds (less administrative expenses) to MPLT for investment purposes. Interest earned accrues to the local treasury for “legislative appropriation.” Both are constitutional law, pure and simple!

Clearly, NMD lacks the constitutional authority to dispose of either or both on its own accord. It requires a process, e.g., dealing with DPL by contributing its ideas while seeking legislative appropriation for its planned use of $400,000 of landowners’ money. Unless it goes through the process and secures approval, its plan is instantly pre-empted by pertinent constitutional provisions.

Moreover, how could NMD venture spouting a plan that lacks public mandates? Or does it look at itself in the mirror and declare it so? Isn’t this a bit presumptuous?

If you had reviewed pertinent law you would have found that it equally protects investors’ “right of renewal.” So how could you come in with your empty hands to rob them of their lifetime earnings? Why deny them what they’ve worked and earned throughout a lifetime?

The view to arbitrarily acquire investments only happens in a sovereign dictatorship. It’s an aspirational display of socialistic entitlement or tendencies. The NMI is a permanent part of the U.S. It means investments here are fully protected regardless of anybody’s view. It’s a government of laws!

Moreover, the most damning aspect of your scheme is the apparent policy instability it promotes. What a pathway to annihilate future investments here! The ripple effect is economic contraction beyond your wildest imaginings.

It would mean far less revenue to meet the growing basic needs of the NMI. Is this your half-cocked visionary gift? Why the greed and get-rich-quick scheme? Ever heard of rugged individualism so you too earn your dues?

There’s a way to achieve the same goal that requires constitutional realignment and placing all “affairs” under a single roof. There’s good intention constantly compromised by the lack of purposeful organization and procedural legal tethering.

Lesson: Remember when we snubbed Nippon investments here in recent past in favor of another? Didn’t the NMI lose more than $7 billion when JAL pulled out, including the sale of Nikko Hotel? Isn’t the NMI regrettably pining for the return of rock-solid Nippon investments?

Are the people behind the current scheme endowed with superb business and economic acumen to be boasting a half-cocked plan of nationalization of sort? Are your investments here among the business icons all could attest and emulate? Or is your specialty more along the realm of Super Freakonomics?

Fund: The planned use of some $400,000 in MPLT funds to takeover management of hotels and resort is equally illegal and shortsighted. The funds are intended for investment purposes per the NMI Constitution.

It is the interest earned that goes to the local treasury for legislative appropriation. I doubt the planned use would fly, given its cryptic explanation plus the lack of real business acumen scaffolding what’s being promoted.

The people of the NMI are direct recipients of the ripple effects of these investments found in jobs and taxes, the latter subsequently appropriated for public services. To redefine “direct” benefit requires a bit more rational discussion.

Wealth creation: The issue of investing in our people focuses on how do we allow them to engage in wealth creation. It need not be a tangled concept wrapped in hundreds of pages of one foggy plan. All we need to do is funnel funds to fishermen, farmers, and others.

We have CDA, USDA and SBA ready to assist folks now in business or plan to start a small family business. Most of these simple folks fear their lack of literacy, thus they shy away from seeking help. It’s our duty to assist them with paperwork. Simple! A concerted effort down this path should enable even families with small catering services to thrive one lunch plate at a time.

John S. Del Rosario Jr. | Contributing Author
John DelRosario Jr. is a former publisher of the Saipan Tribune and a former secretary of the Department of Public Lands.

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