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The Organic Act of Guam: A Cursed Blessing
The Organic Act of Guam was ratified on August 1, 1950, by the United States Congress and signed by President Harry S. Truman. This document allowed the citizens of Guam the privileges of American citizenship.(1) The CHamoru people appreciate the rewards of citizenship and enjoy the power of the American dollar in trade and commerce. Though we often take for granted peace, a relatively strong economy, a better education system, and enjoy the freedoms granted by the Constitution and the Organic Act, the citizens of Guam are still left wanting.(2) Regardless of all the freedoms we are guaranteed, I believe it is time to review, revisit, and perhaps revise the 72-year-old document because there are some American rights that are guaranteed under the US Constitution but are not afforded to the people of Guam. At the same time, we are not fully American, as we do not have the power to participate in Presidential elections and legislative decisions.(3) Presidential Voting Restrictions First of all, Guamanians should be allowed to exercise their right to vote for the US president while residing in Guam. Because of the political status of Guam, the people of Guam cannot vote for electors who are the ones voting for our leader simply because we are not a state.(4) During a series of tests on whether certain constitutional provisions were applicable to Guam, an appeal filed by the Attorney General of Guam on Behalf of All U.S. Citizens Residing in Guam etc. v. The United States was held. The Ninth Circuit Court decided that the Article that dealt with the presidential elections could not be applied to Guam.(5) The Constitution states that electors selected by each state are the ones who vote for the president, not the people directly. Therefore, it was ruled by the Court that Guam, because it is not a state, is not to be included in the voting process. The plaintiffs have stated in the trial that a change to the Constitution is not needed for the territory of Guam to be able to participate because the Congress had already created many exceptions in other sections of the document that governs the country, but the claim was deemed untrue as the defendants had argued that the exceptions were made within the boundaries of the Constitution.(6) The outcome of this court case not only affects Guam but also affects other territories such as Puerto Rico. Aside from being able to have and participate in caucuses and sending representatives to national party conventions, there are no other available opportunities for Guam to be directly involved in the election process. The people on Guam should be given the opportunity to participate in the voting. The outcome of every presidential election holds major significance across America, and Guam is no exception. New laws and regulations that are established because of the new leader can directly affect how Guam operates. Hundreds of citizens are of legal age to vote here on Guam but are prevented from doing so simply because they are currently residing on Guam.(8) The Guamanians have been supporting and fighting for their country ever since Guam was ceded to the US from Spain. When Japan invaded Guam during the Second World War, the natives fought against them and remained loyal to the US. Their faith in America never faded during those grueling three years. When the American troops came back to free the island from the iron grip of the Japanese military, they helped them in any way that they could.(9) In the 21st century, the residents of Guam who are members of the National Guard have been fighting and dying for American ideals all the way out in Afghanistan.(10) The island has the highest passing rates for the Army National Guard throughout the entire nation.11 These acts of unrelenting patriotism are proof that Guam values America, their sovereign country. Despite the loyalty of the people, the US still has not granted them the right to vote for their leader. In recent years, the votes of the people have increased in importance and can severely change the course of events. As equal citizens to those in the states, the people of Guam should be allowed to take part in that change. Legislative Voting Restrictions Secondly, the US government should allow our Congressional representatives to have more voting rights in the US Congress. The delegate that we have been allowed to send to the mainland cannot vote in the final passage of legislation(12) even if some of these legislations directly affect Guam. In 1972, the US Congress passed a law that allowed Guam to send a delegate to the House of Representatives. This elected representative’s privileges are granted under the rules of the House of Representatives. They receive the same allowances and compensation as other members of the House. This representative has merely a titular position with no real power, however. It has been ruled that, based on the Constitution, only delegates from the States of the Union can vote on the Floor of the Senate and House of Representatives. Guam is still an unincorporated territory and has not yet obtained statehood, so it cannot be included in the composition of its members.(13) I am convinced that due to the major effects that laws can bring, not being allowed to be involved in the decision can have significant negative outcomes. Some events in the island’s history have already proven this. Such as when the Navy took administrative control over Guam without their consent and the people had to protest their removal for years due to the discrimination they faced.(14) Also when the federal government implemented its immigration policy, which affected the social and cultural aspects of the island.(15) Not being afforded the right to vote in legislative elections shows the people of Guam that even after proving themselves to be capable of making important decisions, the US still does not view them as equals. A Change in Political Status Lastly, since the enactment of the Organic Act, Guam has remained as an unincorporated territory of the US, which gives me the impression that we are merely a US possession. This status has caused much trouble within Guam. It is also the reason why we and our delegates cannot participate in certain political activities. The past leaders of the island have tried to solve these issues. They created the Political Status Commissions to negotiate solutions with the federal government of the United States. The commission of 1975 to 1976 not only negotiated for the changes needed but also served to educate the residents on the available status options. Public voting had been put out, and the results showed that 51% of the population wanted the status quo to be improved. One solution for improvement that was proposed was to write a constitution for Guam, though it was ultimately set aside as many believed that a change in political status should be of higher priority. Free Association and statehood had been deemed impractical for Guam at the time, so the leaders turned to the status of the commonwealth. The commonwealth movement was started, and a bill was drafted.(16) The final version would grant the Guam government increased authority over agreements dealing with Asian-Pacific trade, immigration laws within the island, and labor laws. The application of federal law would also have to be of mutual consent. The bill did not end up passing the US Congress.(17) It is my belief that the people of Guam should be given a better political status by the US government when they seek it. The inhabitants, who have endured years without many rights and no influence in how they are governed, should be able to enjoy the title of something more than just a territory. According to the United Nations Resolution 1514, adopted in 1960, "All peoples have the right to self-determination; by virtue of that right, they freely determine their political status and freely pursue their economic, social, and cultural development"(18) The people of Guam have tried many times to assert our right to such self-determination, one example being the Guam Congress walkout of 1949. Yet despite all the efforts from the people of Guam, they remain on the UN list of Non-Self-Governing Territories, as an unincorporated territory.(19) The Northern Marianas have already been granted the political status we on Guam have been seeking for years. The island has been a major military base in the Pacific Ocean for the U.S. for decades because of our strategic location. Guam was used to store nuclear weapons and bombers during the Cold War, the Vietnamese War, and Korean War. Much of the island belongs to the government and is being used for the military. Their ties with the U.S. cause them to become a target for the U.S.’s enemies, such as North Korea. These threats from foreign countries do not deter the people of Guam from being loyal to the United States of America, even if they are only considered a colony.(20) Even with all the new opportunities and rights that had been afforded to Guam since the signing of the Organic Act in 1950, there are still restrictions remaining that must be addressed. As a result of particular provisions written into the document, the people have limited voting and civil rights. They are prevented from voting for electors for the president of the United States because the Constitution is only written about the states. The delegates they send to the US Congress only hold a titular title and have little say in the passage of legislation. It is because of these limitations I believe that a revisitation of the Organic Act is necessary in improving life for the people. Guam’s current status is an unincorporated territory of the United States. By definition from the Webster’s Dictionary, unincorporated territory means, “not formed into a legal corporation.”(21) This to me means that 153,83622 living, breathing, proud American citizens do not exist! As the island is moving into the 21st century, perhaps it is time for the people to decide their fate of self-governance. If the people themselves are the ones building the island, they will have more pride and a sense of loyalty to their continuing relationship with the United States. Sultans of Swing
by Dire Straits [Verse 1] You get a shiver in the dark It's raining in the park But meantime South of the river You stop and you hold everything A band is blowing Dixie Double four time You feel alright When you hear the music ring [Verse 2] Well, now you step inside But you don't see too many faces Coming in out of the rain to hear the Jazz go down Competition in other places Ah, but the horns, they blowin' that sound Way on down south Way on down south, London town [Verse 3] Check out guitar George He knows all the chords Mind, it's strictly rhythm He doesn't want to make it cry or sing Left-handed old guitar is all he can afford When he gets up under the lights to play his thing [Verse 4] And Harry doesn't mind if he doesn't make the scene He's got a daytime job – He's doing alright He can play the Honky Tonk like anything Saving it up for Friday night With the Sultans With the Sultans of Swing [Verse 5] And a crowd of young boys They're fooling around in the corner Drunk and dressed in their best brown baggies And their platform soles They don't give a damn About any trumpet playing band It ain't what they call Rock and Roll And the Sultans Yeah, the Sultans, they play Creole Creole [Instrumental Solo] [Verse 6] And then the man He steps right up to the microphone And says at last Just as the time bell rings "Goodnight, now it's time to go home" Then he makes it fast With one more thing "We are the Sultans – We are the Sultans of Swing" There I was on a July morning Looking for love, With the strength of a new day dawning And the beautiful sun At the sound of the first bird singing I was leaving for home With the storm and the night behind me And a road of my own With the day came the resolution I'll be looking for you La la la la... I was looking for love in the strangest places There wasn't a stone that I left unturned I must have tried more than a thousand faces But not one was aware of the fire that burned In my heart, In my mind, In my soul La la la la... In my heart, In my mind, In my soul La la la la... La la la la... There I was on a July morning Looking for love, With the strength of a new day dawning And the beautiful sun At the sound of the first bird singing I was leaving for home With the storm and the night behind me And a road of my own With the day came the resolution I'll be looking for you La la la la...  Guam's beaches during sunsets are always quiet and peaceful.
 Precious photo of Aya and Angelo whom I met in Tokyo in 1997. Aya was a beautiful girl from Israel who came to Tokyo for business opportunities while Angelo was a millionaire who came from Italy to find a Japanese woman to be his future wife if I remember it correctly.
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