Statement of Soledad A. Lujan, Chairperson, Membership Committee, Guam Association of Retired Persons, before the House Insular and International Hawaii, 11 December 1989. Affairs Subcommittee at Honolulu, the Mr. Chairman and Members of the Committee: I am grateful and honored to be here to testify in support of proposed Commonwealth Act for Guam. My name is Sol dedad Anderson Lujan, a native chamorro of Guam. I am here in behalf of the Guam Association of Retired Persons to present to you a going on record in support of the proposed Commonwealth Act. With your permission, I would like to read resolution the resolution. Thank you again and hope you give this matter Your kind attention and consideration. RESOLUTION of the GUAM ASSOCIATION OF RETIRED PERSONS WEREAS, the government and the people of Guam are seeking a changed political and economic status in association with the United States of America, and WHEREAS, the House Interior Subcommittee on Insular and International Affairs is seeking public comment on the provisions of H.R. 98, otherwise known as Guam's Commonwealth Bill, and WHEREAS, the members of the Guam Association of Retired Persons Pre both intimately familiar with the experiences of the Island of Guam under the colonial administration of the United States and directly impacted by the current and prospective political and economic status of the island, and WHEREAS, the members of the Association are whole-heartedly supportive of Guam's efforts toward political and economic change, and have been carefully following the events surrounding Guam's efforts in support of this change. NOW, THEREFORE, BE IT RESOLVED that the Guam Association of Retired Persons does hereby express its full and undivided support for each of the provisions of the Guam Commonwealth Bill, and calls upon the Congress of the United States to expedite its passage in order to relieve the Island of Guam from the adverse effects of its status as a possession, and encourages a full partnership between Guam and the Federal Government through the adoption of Commonwealth; and BE IT FURTHER RESOLVED that this Resolution shall be transmitted to Congressman Ron de Lugo, the Chairman of the House Interior Subcommittee on Insular and International Affairs, at their first, historic hearing on H.R. 98 in Honolulu, Hawaii on December 11, 1989. Denues F.T. RAMIREZ, PRESIDENT The author is a native Chamorro who, after spending the last six years in Hawaii, is ready to return to Guam and establish a small business. He is currently employed with the Pacific Business Center Program at the University of Hawaii; he visits Guam and other islands in Micronesia to provide assistance to small businesses by offering the resources of the University of Hawaii. Setting up shop in Guam: A testimony in favor of the 1988 Guam Commonwealth Act By: Raymond C. Cruz 3213 George St., Hon., HI 96815 OPPORTUNITIES. The US has always paid close attention to the opportunities available to people, whether they be American or not. With the world economies as they are, opportunities for small businesses are unfolding everyday. Guam is especially blessed with many opportunities for its people to start small businesses. Because of this, Guamanians like myself want to return to Guam, meet the entrepreneurial challenges and reap the benefits; all rightfully ours. The degree, however, that people are able to capitalize on these challenges and opportunities depends on the US. Once again, Congress will be deciding a course for Guam's people; a course which will either encourage or discourage Guamanians to return home. The Guam Commonwealth Act of 1988 is about self-determination; specifically, though, the Act expresses the people's desire to capitalize on business opportunities which exist today and those to face us in the future. It is inappropriate that such opportunities and their availability to Guamanians lie in the hands of the United States. To correct this, I would like to see the Guam Commonwealth Act of 1988 passed. The passage of the Act will encourage entrepreneurs to return to Guam and seek their dreams in starting a small business. Guam's location renders itself to trading opportunities with countries in Asia and the Pacific. We must be able to establish our own trade policies with countries as we wish and not be restricted by US Laws which may for the most part, be beneficial only to the fifty states -- thousands of miles away and under different business environments. The people of Guam, in order to maximize trade benefits, must dictate its own specific trade policies with selected countries. Ultimately, this climate will bring forth entrepreneurs ready to provide products and/or services. Related to trade policies, business risk must be considered when voting for or against the Act. Business people, whenever they can control it, want to reduce risk. Assurance that policies originate and end with the people of Guam will naturally reduce risk. Guamanian business people will be apt to come to Guam since major policies will not be forced upon them by a lawmaking body thousands of miles away. To be fair, I must acknowledge that the United States has indeed reduced business risk by opening doors of opportunities to the people of Guam. With the security from outside invasion and the link to the United States' economy, the people of Guam have benefited. We see job creation, trade preferences and federal assistance for business development programs. While we are grateful, this is not enough. The opportunities we seek so that we may improve our quality of life are limited and must be capitalized now. Therefore, in light of the business opportunities available to returning Guamanians, it is necessary that the US Congress adopt this act. It will open opportunities to those Guamanians who want to return to Guam as well as other Americans who also want to take advantage of doing business on Guam. I'm sure that the United States will be proud of the our people's determination to make it on their own. Please respect our wish. The decision that is before Congress is serious and will have long lasting effects for energetic and bright entrepreneurs who wish to return to Guam. Give us a chance...give us Commonwealth now. PARTIAL DISPOSAL UNDER THE TERRITORIAL CLAUSE A More Permanent Status for Territories by Charles H. Troutman Compiler of Laws Territory of Guam The Congress shall have Power to dispose of and U.S. Constitution, Art. IV, sec. 3, cl. 2. I Theory of Disposal All of the case law interpreting this clause of the Constitution with respect to the territories of the United States have dwelt solely on the meaning of the terms "make all needful Rules and Regulations respecting the Territory of" the United States. In doing so, the courts have emphasized that no sovereignty rests with the territories, that all powers they exercise are done so by the will of Congress alone, and that if Congress has not given a power to a territory, it does not possess it. No residual powers reside in the Territory. 1 This lack of residual powers stems from Congress' 1 People v Olsen, [1977, US] 431 U.S. 195, 97 S.Ct. 1774. Organic Act does not permit the Guam Legislature to create its own Supreme Court. Statutory, not constitutional, analysis used. People v. Okada, 715 F.2d 1347 (C.A.9 1983). Unlike states, because Guam has no inherent sovereignty, only the Congress may determine whether or not the Government of Guam may appeal criminal cases to the Ninth Circuit. Sakamoto v. Duty Free Shoppers, Ltd., 764 F.2d 1285 (C.A.9 1985). "Commerce clause" limitations do not apply to Guam because it is not a state and because Congress has full power to regulate commerce in and through the territories through the "territorial clause" of the Constitution. 1 |