Constitution

Federated States of Micronesia 1978 Constitution (reviewed 1990)

ARTICLE XV. TRANSITION

Section 1

A statute of the Trust Territory of the Pacific Islands continues in effect except to the extent it is inconsistent with this Constitution, or is amended or repealed. A writ, action, suit, proceeding, civil or criminal liability, prosecution, judgment, sentence, order, decree, appeal, cause of action, defense, contract, claim, demand, title, or right continues unaffected except as modified in accordance with the provisions of this Constitution.

Section 2

A right, obligation, liability, or contract of the Government of the Trust Territory of the Pacific Islands is assumed by the Federated States of Micronesia except to the extent it directly affects or benefits a government of a District not ratifying this Constitution.

Section 3

An interest in property held by the Government of the Trust Territory of the Pacific Islands is transferred to the Federated States of Micronesia for retention or distribution in accordance with this Constitution.

Section 4

A local government and its agencies may continue to exist even though its charter or powers are inconsistent with this Constitution. To promote an orderly transition to the provisions of this Constitution, and until state governments are established, Congress shall provide for the resolution of inconsistencies between local government charters and powers, and this Constitution. This provision ceases to be effective 5 years after the effective date of this Constitution.

Section 5

The Congress may provide for a smooth and orderly transition to government under this Constitution.

Section 6

In the first congressional election, congressional districts are apportioned among the states as follows: Kusaie -1; Marianas -2; Marshalls -4; Palau -2; Ponape -3; Truk -5; Yap -1. If Kusaie is not a state at the time of the first election, 4 members shall be elected on the basis of population in Ponape.

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