Political Law at Guam (US)
Political law in Guam—a United States territory—governs the political processes, institutions, and the relationship between the island’s local government and the United States federal government. While Guam is not a state, it does have a unique political and legal status as an unincorporated territory of the U.S. Below is an overview of political law in Guam:
1. Political Status of Guam
Guam is an unincorporated territory of the United States, meaning that it is a territory that is controlled by the U.S. government but has not been fully incorporated into the Union as a state. Guam’s political status is defined by the Organic Act of Guam (Public Law 79-224), which was enacted by the U.S. Congress in 1950. This law serves as the fundamental document governing Guam's political structure and the relationship between the U.S. federal government and the island.
2. The Organic Act of Guam
The Organic Act grants Guam a degree of self-governance, creating a local government and providing a framework for the island's political, civil, and legal systems. Key elements include:
The Governor: The Governor of Guam is the elected head of the executive branch of the island’s government. The governor has significant executive powers, including the ability to appoint officials, propose budgets, and implement laws.
The Legislature: Guam has a unicameral legislature, called the Guam Legislature, which is composed of 15 senators elected by the people of Guam. They pass laws concerning local matters and approve the island’s budget.
The Judiciary: The Superior Court of Guam and the Supreme Court of Guam oversee judicial matters. They handle civil, criminal, and administrative cases, and they ensure the island’s laws comply with both local and federal law.
3. Election Laws
Elections in Guam are governed by both local law and federal law. Guam holds elections for the Governor, members of the Guam Legislature, and other local offices. While U.S. citizens living in Guam can vote in local elections, they cannot vote in presidential elections because Guam is not a state.
Governor and Lieutenant Governor: These are elected together every four years through a popular vote.
Guam Legislature: 15 senators are elected to serve a two-year term.
Voting Rights: U.S. citizens living in Guam are eligible to vote in local elections, but they do not have voting representation in the U.S. Congress (they have a Delegate to the House of Representatives, but the Delegate cannot vote on the House floor).
4. Federal Laws and Jurisdiction
As an unincorporated territory of the U.S., many federal laws apply in Guam, but there are some notable exceptions:
No Congressional Representation: Guam elects a non-voting delegate to the U.S. House of Representatives, who can participate in debates and committees but cannot vote on the House floor.
Federal vs. Local Law: While Guam can pass its own laws (through the Guam Legislature), federal law supersedes local law if there is a conflict. The U.S. government retains control over certain matters, including defense, foreign affairs, and immigration.
Taxation: Guam residents pay federal income taxes, though the local government also has its own tax system. Some federal benefits, like Social Security and Medicare, apply to residents of Guam.
5. Territorial Status and Self-Determination
One significant issue in political law for Guam is the island’s territorial status and the ongoing debate over whether it should seek statehood, independence, or enhanced commonwealth status within the U.S. The question of Guam’s political future is a complex issue and has been the subject of various self-determination referendums.
In 2013, Guam held a non-binding plebiscite on the issue of self-determination, allowing voters to express their preference for the island’s future political status. However, this plebiscite was limited to native Chamorros (the indigenous people of Guam), which led to legal challenges based on issues of voting rights and equal protection under the U.S. Constitution.
Statehood: Supporters of statehood for Guam argue that the island’s political relationship with the U.S. is incomplete and that Guam should become a full state with equal representation in Congress and voting rights in presidential elections.
Independence: Others advocate for Guam to become an independent nation, severing ties with the U.S. but maintaining a friendly relationship.
6. Civil Rights and Political Participation
Residents of Guam enjoy the same basic civil rights as U.S. citizens on the mainland, including freedom of speech, assembly, and the right to vote in local elections. However, because they do not have voting representation in Congress or in the Electoral College, many residents of Guam feel they have a limited voice in U.S. national policy. This issue has been central to the debate over Guam's political status.
7. Judicial Review and Constitutional Issues
Constitutionality: Guam’s laws must adhere to the U.S. Constitution and federal court decisions. The U.S. Supreme Court has jurisdiction over constitutional matters, and decisions made by federal courts can impact the legal landscape of Guam.
Guam’s Constitution: Guam has its own territorial constitution, which is subject to review and approval by the U.S. Congress. This constitution outlines the structure of the government and guarantees certain rights to its residents, similar to state constitutions in the U.S.
8. Military Presence and Impact on Political Law
Guam is home to significant U.S. military installations, and the U.S. Department of Defense has a substantial influence on the island's political and economic life. The presence of military bases affects local governance, land use, and the economy. The relationship between Guam’s local government and the U.S. military is often a point of contention, particularly regarding land rights and environmental issues.
Conclusion
Political law in Guam is shaped by its unique status as an unincorporated territory of the U.S. While it enjoys a degree of self-governance, Guam’s residents do not have full political rights at the federal level, such as voting representation in Congress or in presidential elections. The question of Guam's future political status—whether it should pursue statehood, independence, or some other form of governance—remains an important topic of debate within the territory.
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