Federated States of Micronesia State of Chuuk State of Kosrae State of Pohnpei State of Yap
Legal Information System of the FSM - Home Page
FSM National Gov't.
  • Constitution
  • Code
  • Sup. Court Decisions
  • Sup. Court Rules
  • Regulations

    State of Chuuk

    State of Kosrae

    State of Pohnpei

    State of Yap

    Compact of Free Association

    Other Gov't. Authority Documents

    Search the LIS web site

    Related Links

    Contact the LIS Project

    Disclaimer
  • CONSTITUTION OF THE
    FEDERATED STATES OF MICRONESIA
     
         The Constitution of the Federated States of Micronesia was drafted by the Micronesian Constitutional Convention in 1975 in Saipan.  The Convention was convened by the Congress of Micronesia, which at that time included representation from the Ponape, Kusaie, Truk, and Yap Districts of the Trust Territory of the Pacific Islands (TTPI), and which also included the Marshall Islands, Palau, and the Northern Mariana Islands Districts.  An Acrobat "pdf" copy of the two volumes of the Micronesia Constitutional Convention Journal of 1975 is available on the University of South Pacific Emalus Campus Library website on the page for FSM Legislation and Law Reports. 
     
         The FSM Constitution was ratified in 1978, with the voters of the Ponape, Kusaie, Truk, and Yap Districts approving the Constitution. The ratification of the Constitution by these four districts recognized their sovereign right to form the Federated States of Micronesia and make the FSM Constitution the supreme law of the land.
     
         In 1990, a Second Constitutional Convention was convened in Palikir, Pohnpei that resulted in four Constitutional Convention proposals that were ratified by the voters.  These constitutional amendments are listed below and have been incorporated into the version of the Constitution available here.
     
         In 2001, a Third FSM Constitutional Convention was convened in Palikir, Pohnpei.  Fourteen proposals passed the Constitutional Convention, but none were approved by the citizens of the FSM in a referendum.  To view the fourteen proposals, committee reports, analysis, journal discussions, and other reference material dealing with the Third FSM Constitutional Convention, visit the web site of the Public Information Office of the Office of the President, and see copies of the fourteen proposals from the PIO web site below.  For additional reference, see an article on the FSM Constitution and the 2001 Constitutional Convention by Regent Professor of the College of Micronesia-FSM, President of the Third FSM Constitutional Convention, and former President of the Federated States of Micronesia, the Honorable John H. Haglelgam.
     
     CONSTITUTIONAL AMENDMENT BULLETIN:   The three constitutional amendments proposed by the FSM Congress and voted upon in the March, 2005 national elections for FSM Congress two year seats were not approved by the electorate.  The proposed constitutional amendments in Acrobat "pdf" format can be viewed by clicking the following links:
         (1)  A constitutional amendment dealing with FSM citizenship, proposing an amendment to Art. III, Sec. 3 of the Constitution .
         (2)  A constitutional amendment adding a new Sec. 8 to Art. XIII of the Constitution to add a full faith and credit clause to the Constitution.
     
     
    ARTICLE I.   Territory of Micronesia
     
    ARTICLE II.   Supremacy

    ARTICLE III.   Citizenship
     
    ARTICLE IV.   Declaration of Rights

    ARTICLE V.   Traditional Rights

    ARTICLE VI.   Suffrage

    ARTICLE VII.   Levels of Government

    ARTICLE VIII.   Powers of Government

    ARTICLE IX.   Legislative

    ARTICLE X.   Executive

    ARTICLE XI.   Judicial

    ARTICLE XII.   Finance

    ARTICLE XIII.   General Provisions
     
    ARTICLE XIV.   Amendments

    ARTICLE XV.   Transition
     
    ARTICLE XVI.   Effective Date
     

    PROPOSED CONSTITUTIONAL AMENDMENTS FROM 2001 THIRD FSM CONSTITUTIONAL CONVENTION (none passed in referendum):
     
    COMMITTEE PROPOSAL NO. 01-01:  Establishes minimum of 4 Supreme Court justices, one per State
     
    COMMITTEE PROPOSAL NO. 01-02:  Allows for dual citizenship
     
    COMMITTEE PROPOSAL NO. 01-05:  Removes all FSM Supreme Court jurisdiction over ownership of lands & waters
     
    COMMITTEE PROPOSAL NO. 01-07:  Provides for full faith and credit among the States
     
    COMMITTEE PROPOSAL NO. 01-08:  Creates an Office of the Independent Prosecutor
     
    COMMITTEE PROPOSAL NO. 01-09:  Provides for continual annuity for ex-Presidents & Vice Presidents
     
    COMMITTEE PROPOSAL NO. 01-11:  Sets educational standards & establishes fund to meet standards
     
    COMMITTEE PROPOSAL NO. 01-13:  Allows levying value-added taxes (concurrent State/Nat'l power)
     
    COMMITTEE PROPOSAL NO. 01-15:  Increases States' share of tax revenues to not less than 80%
     
    COMMITTEE PROPOSAL NO. 01-16:  Increases number of at-large Congress Members & limits terms
     
    COMMITTEE PROPOSAL NO. 01-21:  Provides for direct election of President & Vice President
     
    COMMITTEE PROPOSAL NO. 01-24:  Establishes procedure for allocating foreign financial assistance
     
    COMMITTEE PROPOSAL NO. 01-25:  Changes voting & votes required to pass bills on 2nd reading
     
    COMMITTEE PROPOSAL NO. 01-26:  Changes voting & votes required to override a Presidential veto
     

    CONSTITUTIONAL AMENDMENTS FROM 1990 SECOND CONSTITUTIONAL CONVENTION (adopted by voters in referendum):
     


    If you would like to view or print out the entire FSM Constitution in one document without lengthy case annotations, click the following link.
    Entire FSM Constitution (no annotations)