ARTICLE XV

Transition

     Section 1.  A statute of the Trust Territory continues in effect except to the extent it is inconsistent with this Constitution, or is amended or repealed.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.

Case annotations:  Under art. XV, § 1 of the Constitution, a provision of the TT Code is repealed by a subsequent statutory provision enacted by the Congress only if the statutory provisions in question are inconsistent or in conflict.  Even if certain provisions are repealed, other provisions of that same statute may remain intact if the statute, without the deleted provision, is self-sustaining and capable of separate enforcement.   FSM v. Boaz (II),1 FSM Intrm. 28,29 (Pon. 1981).

Transition Clause of FSM Constitution effectively adopts statutes of the TT, including the Weapons Control Act, and serves as the original enactment of a body of law, criminal as well as civil, for the new constitutional gov't.  Further action by FSM Congress is not necessary to establish that violations of the Weapons Control Act are prohibited within the FSM.  Joker v. FSM, 2 FSM Intrm. 38 , 43 (App. 1985).

Trust Territory statutes applicable to the states became part of the state's laws, regardless of whether they were published in the FSM Code.  Such holdover TT laws become laws of the states until superseded.  Pohnpei v.Mack, 3 FSM Intrm. 45 , 55 (Pon. S. Ct. Tr. 1987).

All Trust Territory statutes that were applicable to the State of Pohnpei prior to Pub. L. No. 2-48 and immediately before November 8, 1984, the effective date of the Pohnpei State Constitution, and which have not been amended, superseded, or repealed, are laws of the State of Pohnpei.  § 3 of S.L. 3L-33-84 made those TT statutes into laws of the State of Pohnpei, and that includes Title 15 of the TT Code.  Pohnpei v. Mack, 3 FSM Intrm. 45 , 55 (Pon. S. Ct. Tr. 1987).

The fact that Congress included a particular law in the FSM Code does not indicate conclusively whether the law is to be applied by this court as part of nat. l law, for some parts of the Code were intended to apply only to the TT High Court in its transitional role until state courts were established.  Edwards v. Pohnpei, 3 FSM Intrm. 350 , 356 (Pon. 1988).

     Section 2.  A right, obligation, liability, or contract of the Government of the Trust Territory 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 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.

Case annotations:  Former exclusive jurisdiction of TT High Court over lawsuits against the TT gov't has been delegated to the constitutional gov'ts covered by Secretarial Order 3039. Within the FSM, the allocation of this former exclusive High Court jurisdiction between the FSM Supreme Court and the various state courts will be determined on the basis of jurisdictional provisions within the Constitution and laws of the FSM and its respective states.Lonno v. Trust Territory (I), 1 FSM Intrm. 53 ,68 (Kos. 1982).

     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.