Some thoughts about Article 12

Last of a two-part series

In the same breath, if we are too seek the true spirit of equality as embodied in the preamble of the CNMI Constitution, and which relies heavily on U.S. constitutional principles, a move toward a more inclusive land alienation policy that carves an area for established residents that call the CNMI their home will ultimately meet the essence of equal opportunity, mirroring the ideals in which the great nation of America was founded upon. American ideals also profess that person of humble beginnings could be an achiever regardless of national origin, ethnicity, and or economic considerations. Ideals that I think were manifested and could be grasped by many in the recent U.S. State of the Union address by President Obama. He said, “…the simple, profound belief in opportunity for all—the notion that if you work hard and take responsibility you can get ahead…that here in America, our success should not depend on accident of birth, but the strength of our work ethic and the scope of our dreams…It’s how the daughter of a factory worker is CEO of America’s largest automaker, how the son of a barkeeper is Speaker of the House; how the son of a single mom can be the President of the greatest nation on Earth.”

Admittedly, Section 805 of the Covenant also provides a mechanism to revisit the land alienation provision after 25 years after the termination of the Trusteeship agreement. The holding clause argument might hold water but still, Section 805 also provides that the people of the Marianas or NMDs exclusively may elect to revisit it. And to add to the complex nature of the Covenant agreement, a mutual consent clause is provided for any fundamental changes in the provisions of the Covenant agreement.

Is Article 12 of the CNMI Constitution still good for the long-term benefit of the CNMI and its people? Exclusively NMDs or a legally crafted inclusion of non-NMDs in the referendum will allow the electorate to respond to the land alienation provision, I surmise.

I maintain that my fascination and interest are on the legal development history of the provision, and connection to aspects of ethnography study, no more no less, and that if it seen as an intrusion into the complexity of island politics, it is unintentional.

Bryan Manabat
Chalan Kanoa, Saipan