The Constitution of the State of Yap, one of the four states of the

Federated States of Micronesia The Federated States of Micronesia (, abbreviated FSM), or simply Micronesia, is an island country in Micronesia, a region of Oceania. The federation encompasses the majority of the Caroline Islands (excluding Palau) and consists of four Admin ...

, is the fundamental legal text of the State of Yap. It was adopted in 1982, promulgated on December 24 of the same year and came into force on January 1, 1983. Amendments were adopted by referendum and promulgated on November 24, 2006. The constitution comprises 15 articles. It can be consulted in English on the website of the Supreme Court of the Federated States of Micronesia.

History of the Constitution

The constitution of Yap State is elaborated by a Constitutional Convention made up of delegates elected by the people. The resulting constitution was put to a referendum. It was adopted by a majority and promulgated on December 24, 1982. It came into force on January 1, 1983. The State of Yap was then a subdivision of the United States-administered Pacific Islands Trust Territory. Independence brought no changes to the constitution. Eleven amendments were proposed in 2004 by a constitutional convention. They were approved by the people on November 7, 2006 and certified by the Yap State Election Commissioner on November 24, 2006. An amendment to Article XIV of the constitution, by adding a Section 12, concerning the prohibition of

gambling Gambling (also known as betting or gaming) is the wagering of something of Value (economics), value ("the stakes") on a Event (probability theory), random event with the intent of winning something else of value, where instances of strategy (ga ...

, was adopted by the legislature on May 14, 2014 (Resolution 8-102). As required by any attempt to amend the constitution, it was put to a referendum. The amendment was rejected on November 4, 2014, by 2545 votes to 2284.

Structure of the Constitution

The Constitution as ratified on December 24, 1982, comprises, after a brief

preamble A preamble () is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the su ...

, fifteen articles. Eleven

amendments An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. They ...

were made in 2006, without altering the number of articles. With the exception of Articles I and VIII, the articles are divided into sections. Some amendments modify the original text, while others add a new section. Articles I to VII define the basic structure of

government A government is the system or group of people governing an organized community, generally a State (polity), state. In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...

Preamble and Article 1

Article I

Article I is a simple supremacy clause: ""

Article II: Fundamental rights

This Article II comprises thirteen sections whose content is almost identical to the US Constitution's

Bill of Rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...

. Guaranteed rights include freedom of speech and of the press, and the separation of church and state. The constitution also guarantees

citizens Citizenship is a membership and allegiance to a sovereign state. Though citizenship is often conflated with nationality in today's English-speaking world, international law does not usually use the term ''citizenship'' to refer to nationality; ...

against unreasonable search and seizure, the right to due process and equal protection, the right to counsel and confrontation in criminal cases, as well as to a speedy and public trial, the right against self-incrimination, the right against excessive bail or cruel and unusual punishment. Article II guarantees the right to apply for a

writ In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrant (legal), Warrants, prerogative writs, subpoenas, and ''certiorari'' are commo ...

habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...

, the prohibition of the enactment of laws that are retroactive or compromise contractual obligations, the prohibition of slavery, the right to just compensation in the event of expropriation, and the right to sue the government for damages. The last section reminds us that this enumeration cannot prohibit the existence of other rights for the population.

Traditional chiefs and customs

The first section of Article III of the Yapese constitution, added by amendment in 2006, recognizes the role in traditions and customs of the Dalip pi Nguchol, the three supreme chiefs of the Yap islands, who own the three highest-ranking lands and under whose authority all the villages, with their own chiefs, are divided into three groups of ''nug''. Traditionally, and as a consequence of the ''sawei'' hierarchical system, the

Yap islands Yap (, sometimes written as , or ) traditionally refers to an island group located in the Caroline Islands of the western Pacific Ocean, a part of Yap State. The name "Yap" in recent years has come to also refer to Yap State, the state within th ...

have always had a higher status than the outer Yap islands. To ensure that traditions and customs are respected and maintained, the second section of Article III of the constitution, since its promulgation in 1982, has formalized the existence of two councils of chiefs: one for the chiefs of the municipalities of the Yap islands, the ''Pilung'' council, and the other for the chiefs of the municipalities of the outer Yap islands, the Tamol council. Sections 16 to 18 of Article V of the constitution empower the

councils A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature, especially at a town, city or county/shire level, but most legislative bodies at the state/provincial or nation ...

to perform functions relating to tradition and custom in the state, and to review and disapprove an act of the Yap State legislature if, in their opinion, it violates custom and tradition. These are not codified but transmitted orally. According to Tina Takashy, in the household context, this can lead to abuses and violations of

human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...

when the aim is to ensure the protection of social cohesion and harmony and common survival. The first section of Article XV provides for the possibility of codifying traditional laws. The right of veto, which councils use sparingly, cannot be overridden. The legislator, if he wishes to continue the legislative process, must incorporate the objections into the bill, send it back to the assembly for consideration and then, if adopted, back to the councils for approval. To avoid deadlock, bills may be submitted for prior reading by the councils. In 1982, during the Yap Constitutional Convention, the right of

veto A veto is a legal power to unilaterally stop an official action. In the most typical case, a president (government title), president or monarch vetoes a bill (law), bill to stop it from becoming statutory law, law. In many countries, veto powe ...

, inherited from the 1978 Yap District Charter, was the subject of intense debate. The convention's Standing Committee, the proposing authority, rejected it in favor of a text requiring that only bills relating to custom and tradition be forwarded to the Councils, and that they should only be able to comment on, not disapprove, a bill. Convention delegates rejected this recommendation. The third section of Article III specifies that nothing in the Constitution shall be construed as limiting or invalidating any recognized

tradition A tradition is a system of beliefs or behaviors (folk custom) passed down within a group of people or society with symbolic meaning or special significance with origins in the past. A component of cultural expressions and folklore, common e ...

or custom. Custom and tradition take precedence over any statute, any interpretation of the Constitution, and even over any judicial decision. For attorney-at-law Brian Z. Tamanaha, "unlike the other three branches, however, councils transcend the concept of separation of powers by exercising functions that are quasi-legislative, quasi-executive and judicial, not to mention chiefly".

Article IV: Elections

Article IV establishes the conditions for

voting Voting is the process of choosing officials or policies by casting a ballot, a document used by people to formally express their preferences. Republics and representative democracies are governments where the population chooses representative ...

. Any citizen who is 18 years of age, registered on the

electoral roll An electoral roll (variously called an electoral register, voters roll, voters list, poll book or other description) is a compilation that lists persons who are entitled to vote for particular elections in a particular jurisdiction. The list is ...

, has fulfilled the minimum period of residence and has not been disbarred by a court conviction, mental incapacity or insanity is entitled to vote. The State must prescribe by law the method of voting and provide the means necessary for the organization of suffrage and the secrecy of the vote. General elections are held every four years on the first Tuesday following the first Monday in November of an even-numbered year. Exceptional circumstances may postpone the election for up to 60 days. Special elections may be held in accordance with the law. In the event of a

tie Tie has two principal meanings: * Tie (draw), a finish to a competition with identical results, particularly sports * Necktie, a long piece of cloth worn around the neck or shoulders Tie or TIE may also refer to: Engineering and technology * T ...

between the two candidates with the most votes, a run-off election must be held to break the tie. Article XI defines the electoral districts in which members of the Legislative Assembly are elected. The first electoral district is that of the Yap Islands archipelago, and must have six elected members. The other four districts have only one elected member. The second electoral district comprises the

atolls An atoll () is a ring-shaped island, including a coral rim that encircles a lagoon. There may be coral islands or cays on the rim. Atolls are located in warm tropical or subtropical parts of the oceans and seas where corals can develop. Most of ...

Ulithi Ulithi (, , or ; pronounced roughly as YOU-li-thee) is an atoll in the Caroline Islands of the western Pacific Ocean, about east of Yap, within Yap State. Name The name of the island goes back to Chuukic languages, Proto-Chuukic ''*úlú-diw ...

Fais Island Fais Island is a raised coral island in the eastern Caroline Islands in the Pacific Ocean, and forms a legislative district in Yap State in the Federated States of Micronesia. Fais Island is located approximately east of Ulithi and northeast o ...

Sorol Sorol is a coral atoll of nine islands in the central Caroline Islands in the Pacific Ocean, and forms a legislative district in Yap State in the Federated States of Micronesia. Sorol is located approximately south of Ulithi and southeast of t ...

Atoll and Ngulu Atoll. The third district is Woleai atoll. The fourth district covers

Eauripik Eauripik Island is a coral atoll of three islands in the western Caroline Islands in the Pacific Ocean. It forms a legislative district in Yap State in the Federated States of Micronesia. Its total land area is only 23.6 hectares, . It encloses a ...

atoll, Faraulep atoll and Ifalik atoll. The fifth district covers Satawal island, Lamotrek atoll and Elato atoll. These districts are to be updated every 10 years by the Assembly. The Assembly must ensure that the population is approximately equal per elected representative, taking into account the social and geographical configuration of the state.

The Legislative Assembly and customary law

Article V concerns the Legislative Assembly, vested with the legislative power of the State. It is composed of ten members, at least 25 years of age, citizens of the

for at least ten years, residents of the State for at least five years and of the electoral district for which they are running, and where they have been registered on the electoral rolls, for at least the year immediately preceding the filing of their

candidacy A candidate, or nominee, is a prospective recipient of an award or honor, or a person seeking or being considered for some kind of position. For example, one can be a candidate for membership in a group or election to an office, in which case a ...

. They must not have been convicted of a crime, unless they have received a pardon restoring their rights. Each member is elected at a general election in an electoral district as defined in Article XI of the

Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...

. Their term of office begins at noon on the second Monday in January after the general election and ends at noon on the second Monday in January, four years later. In the event of a vacancy occurring less than a year before the end of the term, the Governor will fill the vacancy by appointment. Otherwise, a special election is held. Elected representatives receive a salary prescribed by law. Any increase in salary voted by

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...

becomes effective only after the end of their term of office. Elected officials may not, for one year after the end of their term of office, apply for a job or public office created or whose salary will have been increased during their term of office by legislative act. Except in cases of crime or breach of the peace, elected representatives may not be arrested. They are not answerable for statements or actions taken in the exercise of their functions. A member of the Assembly may be punished by censure or, by a vote of two-thirds of the members, by suspension or expulsion. The management of day-to-day business requires the presence of two-thirds of the Assembly. A majority of votes is sufficient to pass a bill or resolution, except for its final approval, in which case a vote of one-third of the members is required. A bill must go through two readings in the Legislative Assembly on different days. Once passed, it is forwarded to the Pilung Council and the Tamol Council for review. If they consider that the bill negatively affects tradition and custom, or the role or function of a traditional leader as recognized by tradition and custom, they bring the negative effects to the attention of the Assembly within thirty days. A disapproved bill can be amended to meet the Councils' objections, and if it is amended and passed, only one reading is required. It is then resubmitted to the Councils. A bill that has passed the scrutiny of the traditional chiefs is forwarded to the

Governor A governor is an politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...

. He has ten or thirty days, depending on the situation, to examine the bill presented to him. After this period, the bill becomes law. The Governor signs it if he approves the bill, which then becomes law. The

may

bill Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Pl ...

in its entirety. In the case of a bill providing for public expenditure, he may veto one or more items of expenditure, by deleting or modifying them. The uncensored parts become law. If the Assembly accepts the amended parts, a single reading with two-thirds of the votes cast leads to its adoption. If the bill is amended by the Assembly, it is sent back to the Governor, who may or may not sign it. In the event of

embezzlement Embezzlement (from Anglo-Norman, from Old French ''besillier'' ("to torment, etc."), of unknown origin) is a type of financial crime, usually involving theft of money from a business or employer. It often involves a trusted individual taking ...

misfeasance Misfeasance, nonfeasance, and malfeasance are types of failure to discharge public obligations existing by common law, custom, or statute. The Carta de Logu caused Eleanor of Arborea to be remembered as one of the first lawmakers to set up ...

or conviction of a felony, the

Lieutenant-Governor A lieutenant governor, lieutenant-governor, or vice governor is a high officer of state, whose precise role and rank vary by jurisdiction. Often a lieutenant governor is the deputy, or lieutenant, to or ranked under a governor — a " second-in-com ...

or a State Court judge may be removed from office by a three-quarters vote of the members of the Legislative Assembly.

Executive power

Sections 1 to 5 of Article VI define the positions of Governor and Lieutenant-Governor. The executive power of the state is exercised by the Governor, in conjunction with a Lieutenant-Governor. Their salaries are prescribed by law, and may only be increased or decreased by a general law applying to salaried employees of the

state government A state government is the government that controls a subdivision of a country in a federal form of government, which shares political power with the federal or national government. A state government may have some level of political autonom ...

. If the applicant for governor is a resident of the

Yap Islands Yap (, sometimes written as , or ) traditionally refers to an island group located in the Caroline Islands of the western Pacific Ocean, a part of Yap State. The name "Yap" in recent years has come to also refer to Yap State, the state within th ...

, the applicant for lieutenant-governor will be a resident of the Outer Yap Islands, and if the governor is a resident of the Outer Yap Islands, the lieutenant-governor will be a resident of the Yap Islands. The Duo is elected by the voters of the state in a general election, for a four-year term, renewable consecutively once. To be eligible, one must be at least thirty years of age, be a citizen of the Federated States of

Micronesia Micronesia (, ) is a subregion of Oceania, consisting of approximately 2,000 small islands in the Northwestern Pacific Ocean. It has a close shared cultural history with three other island regions: Maritime Southeast Asia to the west, Poly ...

by birth, have been a resident of the state for at least fifteen years and during the five years preceding the filing of the candidacy, be a person eligible to vote in the state, and never have been convicted of a felony unless granted a pardon restoring civil rights. The person receiving the greatest number of votes, and at least forty-five percent of the votes cast, is elected governor. If this quota is not reached, the two duos with the highest number of votes participate in a special election. The Governor may not hold any other public office or employment during his term of office. The Lieutenant-Governor may be appointed by the Governor to head an executive department established by law, and may assume such other responsibilities as may be assigned by the Governor or prescribed by law. In the event of the Governor's absence or inability to perform or discharge his

duties A duty (from "due" meaning "that which is owing"; , past participle of ; , whence "debt") is a commitment or expectation to perform some action in general or if certain circumstances arise. A duty may arise from a system of ethics or morality, e ...

, the

shall act in his stead. If the Lieutenant-Governor is unable to act, the head of one of the principal departments shall exercise the powers and perform the duties of the office of Governor. If the offices of Governor and Lieutenant-Governor are vacant, the President of the Legislative Assembly shall succeed to the office of Governor. The Governor is responsible for the faithful execution of the laws. He may grant reprieves and pardons, commutations, after conviction, subject to regulations established by law, except in cases of impeachment. No reprieve, commutation or pardon may be granted to a person holding the office of

or Governor. The Governor shall report annually to the Legislative Assembly, by message, the condition of the State, and shall in like manner recommend such measures as he may deem advisable. Article VI, Section 8 establishes that the executive and administrative offices, departments and institutions of the

State State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...

and

Government A government is the system or group of people governing an organized community, generally a State (polity), state. In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...

, as well as their respective functions, powers and rights, shall be established by law. Each principal department is under the supervision of the Governor and is headed by a single director, unless otherwise provided by law. He is designated and appointed by the Governor, with the advice and consent of the Legislative Assembly, to serve at the Governor's pleasure during his term of office. Only the dismissal of the

Attorney General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...

is subject to the advice and consent of the Legislative Assembly. The appointment of members of the boards of regulatory or quasi-judicial bodies is subject to the advice and consent of the Legislative Assembly. The term of office and dismissal of members is laid down by law. Section 9 allows the Governor to declare a state of emergency for up to 30 days to preserve the public peace, health or safety, at a time of extreme emergency caused by

civil unrest Civil disorder, also known as civil disturbance, civil unrest, civil strife, or turmoil, are situations when law enforcement and security forces struggle to maintain public order or tranquility. Causes Any number of things may cause civil di ...

, natural disaster, or the immediate threat of war or insurrection. A state of emergency cannot interfere with judicial power, but remains free from judicial interference for fifteen days after its first publication. It may interfere with a civil right to the extent really necessary for the preservation of peace, health or security. The

state of emergency A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state before, during, o ...

may be extended: within thirty days of the declaration of emergency, the Legislative Assembly must respond to the Speaker's or Governor's call to consider the revocation, modification or extension of the declaration. Unless it expires by its own terms, is revoked or extended, a declaration of emergency is effective for thirty days.

Article 7: Judicial power

''Section 2 was modified by a constitutional amendment adopted by Yap State voters on November 7, 2006, and certified by the Yap State Election Commissioner on November 24, 2006. The amendment was defined in proposed law no. 2004-38, D1 of the 2004 Yap Constitutional Convention. The added portion is underlined.'' Section 1. The judicial power of the State shall be exercised by the State Court, and by such other courts as may be created by

. Section 2. The State Court is the highest court of the State and consists of a Chief Justice and two Associate Justices. The number of associate judges may be increased by law at the request of the State Court. Retired State Court judges, or other persons educated or experienced in the law, may serve temporarily on the State Court at the request of the Chief Justice. The Chief Justice may give a special assignment to a person to serve as Associate Justice for a specific case. In the event of vacancy of the Chief Justice, or if he is ill, absent or unable to act, an Associate Justice shall serve temporarily in his stead. Section 3. The Governor shall designate and appoint, with the advice and consent of the Legislative Assembly, the Chief Justice and Associate Justices of the State Court. The judges of the State Court shall hold office for a term of six years. Section 4. Compensation of State Court Judges to be provided by law. Their compensation shall not be diminished during their respective terms of office, except by general law applying to salaried employees of the State Government. Section 5. Courts shall have a court of first instance and a court of appeal as prescribed by law. Case Annotations: A provision of a state statute which attempts to place the phrase "

exclusive jurisdiction Exclusive jurisdiction exists in civil procedure if one court has the power to adjudicate a case to the exclusion of all other courts. The opposite situation is concurrent jurisdiction (or non-exclusive jurisdiction) in which more than one cour ...

" in the statutes of the Yap State Court cannot take away from a national

court A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, an ...

responsibilities imposed upon it by the national constitution, which is the "supreme law of the Federated States of Micronesia." Gimnang v. Yap, 5 FSM Intrm. 13,23 (App. 1991). A

state law State law refers to the law of a federated state, as distinguished from the law of the federation of which it is a part. It is used when the constituent components of a federation are themselves called states. Federations made up of provinces, cant ...

cannot relieve the Supreme Court of the Federated States of Micronesia of its exclusive jurisdiction in cases falling under art. XI, § 6 (a) of the Constitution of the Federated States of Micronesia. Faw v. FSM, 6 FSM Intrm. 33, 36-37 (Yap 1993). Section 6. The State Court shall establish and promulgate rules governing practice and procedure in civil and criminal cases, which shall have the force and effect of law, provided that the Legislature may create or modify such rules by law. The State Court is a court of record. Section 7. The decisions of the Court shall be consistent with this Constitution, the traditions and customs of the State, and the social and geographical configuration of the State.

Article 9: Taxes and finance

''Section 9 was added by a constitutional

amendment An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. They ...

adopted by Yap State voters on November 7, 2006, and certified by the Yap State Election Commissioner on November 24, 2006. The amendment was defined in Proposition Law No. 2004-51, D2 of the 2004 Yap Constitutional Convention.'' Section 1. The power of

taxation A tax is a mandatory financial charge or levy imposed on an individual or legal person, legal entity by a governmental organization to support government spending and public expenditures collectively or to Pigouvian tax, regulate and reduce nega ...

must never be surrendered, suspended or contracted continuously. Section 2. No taxes shall be levied or appropriated

public funds Government spending or expenditure includes all government consumption, investment, and transfer payments. In national income accounting, the acquisition by governments of goods and services for current use, to directly satisfy the individual o ...

public property Public property is property that is dedicated to public use. The term may be used either to describe the use to which the property is put, or to describe the character of its ownership (owned collectively by the population of a state). State own ...

transferred, except for public purposes. Section 3. The property of the state government or its political subdivisions shall be exempt from taxation. Section 4. The power of taxation shall be reserved to the State Government, except where it may be delegated by the Legislature to local governments; provided that the

State Government A state government is the government that controls a subdivision of a country in a federal form of government, which shares political power with the federal or national government. A state government may have some level of political autonom ...

may not tax real property. The Legislative Assembly may apportion state revenues among local governments. Section 5. The Legislative Assembly shall not appropriate funds in excess of estimated available revenues. Section 6. No money shall be withdrawn from the State Treasury, nor held in obligation, except in accordance with law. Section 7. The Governor shall submit to the Legislature a

budget A budget is a calculation plan, usually but not always financial plan, financial, for a defined accounting period, period, often one year or a month. A budget may include anticipated sales volumes and revenues, resource quantities including tim ...

setting forth a complete plan of the proposed expenditures and revenues anticipated for the state government, together with such other information as the Legislature may require. The budget shall be presented in a written document, at one time, and for the fiscal years prescribed by law. The Governor shall also submit bills to provide for proposed expenditures and for any additional revenues recommended within a time prescribed by law. Section 8. there shall be regular and independent audits of state agencies and revenues. Section 9. The state shall conduct regular public oversight hearings of state agencies and

revenues In accounting, revenue is the total amount of income generated by the sale of goods and services related to the primary operations of a business. Commercial revenue may also be referred to as sales or as turnover. Some companies receive revenue ...

Article 10: Amendment

Section 1. An amendment to this Constitution may be proposed by a Constitutional Convention. At least every ten years, the Legislature shall submit to the voters the question, "Shall there be a Convention to amend the Constitution?" If a majority of the votes cast on the question are in the affirmative, delegates to the Convention shall be chosen no later than the next regular election in the State. Section 2. An amendment to this

may be proposed by popular initiative. An initiative is proposed by a

petition A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication. In the colloquial sense, a petition is a document addressed to an officia ...

containing the proposed amendment. The petition must be signed by at least twenty-five percent of the

registered voters In electoral systems, voter registration (or enrollment) is the requirement that a person otherwise eligible to vote must register (or enroll) on an electoral roll, which is usually a prerequisite for being entitled or permitted to vote. The ru ...

and filed with the Governor, who shall certify its validity. Section 3. The Legislative Assembly may propose an

to this Constitution by passing a resolution by a three-fourths vote of the members of the Legislative Assembly. Section 4. At a general or special election, or referendum, a proposed amendment shall be submitted to the electorate for approval or rejection in a separate

ballot A ballot is a device used to cast votes in an election and may be found as a piece of paper or a small ball used in voting. It was originally a small ball (see blackballing) used to record decisions made by voters in Italy around the 16th cent ...

. A proposed amendment becomes part of the Constitution when approved by a majority of the votes cast. Section 5. The Legislature shall appropriate

funds Funding is the act of providing resources to finance a need, program, or project. While this is usually in the form of money, it can also take the form of effort or time from an organization or company. Generally, this word is used when a firm us ...

and enact laws necessary to implement this Article.

Article 12: Health and education

''Section 3 was added by a constitutional amendment adopted by

Yap State Yap State ( or ) is one of the four states of the Federated States of Micronesia, located in the westernmost portion of the country. The state borders Palau to the southwest, Guam to the north, and Chuuk State to the east. According to the state' ...

voters on November 7, 2006, and certified by the Yap State Election Commissioner on November 24, 2006. The amendment was defined in Proposition No. 2004-47, D3 of the 2004 Yap Constitutional Convention.'' Section 1. The State Government shall provide for the protection and promotion of

public health Public health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals". Analyzing the de ...

, which may include the traditional practice of medicine. Section 2. The State Government shall provide

public education A state school, public school, or government school is a primary school, primary or secondary school that educates all students without charge. They are funded in whole or in part by taxation and operated by the government of the state. State-f ...

and schools. Public elementary education shall be free. The traditions and customs of the people of this State shall be taught in public schools as provided by law. Section 3. Standards for education in the State of Yap shall be prescribed by law.

Article 13: Resource conservation and development

''Sections 1 and 2 were modified by a constitutional amendment adopted by the voters of Yap State on November 7, 2006, and certified by the Yap State Election Commissioner on November 24, 2006. The amendment to Sections 1 and 5 was set forth in Proposition Law No. 2004-39, D1 of the Yap Constitutional Convention of 2004, and the amendment to Section 2 in Proposition Law No. 2004-14, D1. Removed portions are in

quare brackets Quare could refer to the following: * The Quare Fellow, a Brendan Behan play produced in 1954 * quare impedit English law writ commencing an advowson * Daniel Quare Daniel Quare (1648 or 1649 – 21 March 1724) was an English clockmaker and instr ...

added portions are underlined.'' Section 1. The State Government hall promotemay ensure the protection, conservation and sustainable development of

agriculture Agriculture encompasses crop and livestock production, aquaculture, and forestry for food and non-food products. Agriculture was a key factor in the rise of sedentary human civilization, whereby farming of domesticated species created ...

fisheries Fishery can mean either the enterprise of raising or harvesting fish and other aquatic life or, more commonly, the site where such enterprise takes place ( a.k.a., fishing grounds). Commercial fisheries include wild fisheries and fish farm ...

, mineral resources,

forestry Forestry is the science and craft of creating, managing, planting, using, conserving and repairing forests and woodlands for associated resources for human and Natural environment, environmental benefits. Forestry is practiced in plantations and ...

, water, land and other natural resources. Section 2. An agreement for the use of land where one of the parties is not a citizen of the Federated States of Micronesia or a corporation wholly owned by one of its citizens shall not exceed a term of iftyone hundred years. The Legislature may prescribe a lesser term. Section 3. Title to land may be acquired only in a manner consistent with tradition and custom. Section 4. Radioactive and

nuclear Nuclear may refer to: Physics Relating to the nucleus of the atom: *Nuclear engineering *Nuclear physics *Nuclear power *Nuclear reactor *Nuclear weapon *Nuclear medicine *Radiation therapy *Nuclear warfare Mathematics * Nuclear space *Nuclear ...

substances shall not be tested, stored, used or disposed of in the State. Section 5. The State recognizes the traditional rights and ownership of the natural resources and maritime space of the State from the high water mark

nland NLand Surf Park is an inland surfing destination near Austin, Texas, located ten minutes from Austin–Bergstrom International Airport, Austin-Bergstrom International Airport at 4836 East Highway 71, Del Valle, Texas 78617. The park offers surfi ...

and up to 12 miles from the baseline of the islands. No action may be taken to interfere with traditional and property rights, except as the State government may provide for the conservation and sustainable development rotectionof natural resources in the State's maritime space from the high waterline

and up to 12 miles from the base line of the islands. Section 6. A foreign fishery, research or exploration vessel shall not take the natural resources of any area within the maritime space of the State, except as permitted by the appropriate persons exercising traditional rights and by property and law.

Article 14: General terms and conditions

''Sections 1 and 2 were modified by a constitutional amendment adopted by

voters on November 7, 2006, and certified by the Yap State Election Commissioner on November 24, 2006. The modification of Section 1 was defined in Proposition Law No. 2004-76, D2 of the Yap Constitutional Convention of 2004 and the addition of Section 10 in Proposition Law No. 2004-76, D2. Removed portions are in

added portions are underlined.'' Section 1. Colonia is the state capital, unless otherwise specified by law. The Legislature shall provide for the designation and demarcation of the boundary of the

state capital Below is an index of pages containing lists of capital city, capital cities. National capitals *List of national capitals *List of national capitals by latitude *List of national capitals by population *List of national capitals by area *List of ...

. Section 2. There shall be a system of civil service for state government, which shall be based on principles of

merit Merit may refer to: Religion * Merit (Buddhism) * Merit (Christianity) Companies and brands * Merit (cigarette), a brand of cigarettes * Merit Energy Company, an international energy company * Merit Motion Pictures, an independent documentar ...

. Section 3. All public officers, before assuming the duties of their office, shall take and subscribe the following oath or affirmation: "I do solemnly swear that I will support and defend the Constitution of the State of Yap, and that I will faithfully discharge my duties as (name of job) to the best of my ability, with the help of

God In monotheistic belief systems, God is usually viewed as the supreme being, creator, and principal object of faith. In polytheistic belief systems, a god is "a spirit or being believed to have created, or for controlling some part of the un ...

." The legislature may prescribe other

oaths Traditionally, an oath (from Anglo-Saxon ', also a plight) is a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who object to making sacred oaths is to give an affirmation instead ...

or affirmations. Section 4. No person shall receive, use, or enjoy any government income, property, or service for personal account or gain, except as permitted by law. Section 5. The

indigenous languages An indigenous language, or autochthonous language, is a language that is native to a region and spoken by its indigenous peoples. Indigenous languages are not necessarily national languages but they can be; for example, Aymara is both an indigeno ...

of the State and English shall be the official languages. Section 6. The meaning of any provision of this Constitution shall be determined in accordance with the intent of the delegates. Section 7. The people may pass, amend or repeal laws by popular initiative. A popular initiative petition must contain the full text of the proposed law, amendment or law to be repealed and must be signed by at least twenty-five percent of the registered voters of the state. A popular initiative petition must be filed with the Attorney General for certification. A popular initiative petition certified by the Attorney General must be submitted to the voters at the next general election and becomes effective if approved by a majority of the votes cast for the initiative. Section 8. A citizen of the Federated States of Micronesia whose domicile is in the State is a citizen of the State. Section 9. The Governor,

or a member of the Legislative Assembly may be removed by recall. A recall is initiated by a petition which identifies the official sought to be recalled by name and office, states the reasons for the recall, and must be signed by at least twenty-five percent of those eligible to vote for the office held by the official. A special recall election must be held no later than sixty calendar days after the filing of the recall petition. An official shall be removed from office only with the approval of a majority of those voting in the election. A recall petition may not be filed against an officer more than once per quarter or during the first year of a term. Section 10.

Mentally handicapped Intellectual disability (ID), also known as general learning disability (in the United Kingdom), and formerly mental retardation (in the United States), Rosa's Law, Pub. L. 111-256124 Stat. 2643(2010).Archive is a generalized neurodevelopmental d ...

persons shall be accommodated as provided by law. ARTICLE XV, Section 9. The Legislature shall adopt official

translations Translation is the communication of the meaning of a source-language text by means of an equivalent target-language text. The English language draws a terminological distinction (which does not exist in every language) between ''transl ...

of this Constitution.