Larry L. Hillblom Jose Lifoifoi v. United States of America Commonwealth of the Northern Mariana Islands

Good Law
896 F.2d 426·1990 WL 14755·1990 U.S. App. LEXIS 2347
United States Court of Appeals for the Ninth CircuitFebruary 21, 199088-15494California3,244 words

Opinion

Opinion

Reinhardt, J.

The relationship between the United States and Commonwealth of the Northern Mariana Islands (“CNMI”) is governed by the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States (“the Covenant”). Pursuant to section 103 of the Covenant, the people of the Commonwealth have the right of local self-government. With respect to their internal affairs, they are entitled to govern themselves according to their own Constitution. However, in the international arena, control of the Commonwealth’s international affairs and security needs is delegated to the United States.

The appellants here, two registered voters of the Commonwealth, argue that the United States erroneously “takes the position” that Congress can adopt laws governing the internal affairs of the Commonwealth. Since CNMI voters cannot vote for members of the U.S. Congress, but only for officials of the CNMI, appellants claim that if the United States' position prevails, their votes within the Commonwealth will become diluted or become meaningless. Appellants seek the following relief: first, an order compelling the United States to appoint a representative under section 902

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