Us Law In Guam: Who's In Charge?

Guam is a US territory that was placed under the jurisdiction of the US Navy in 1898. The Guam Organic Act of 1950 conferred US citizenship on Guamanians and established the territory's government. The Act also transferred Federal jurisdiction over Guam from the US Navy to the Department of the Interior. The first elections were held in 1970.

Guam's status as a US territory

Guam is an unincorporated territory of the United States, located in the Micronesia subregion of the western Pacific Ocean. It is the westernmost point and territory of the United States, and the largest and southernmost of the Mariana Islands. Guam became a U.S. territory in 1898, following the Spanish-American War, and was placed under the jurisdiction of the U.S. Navy. The island was then transferred to the Department of the Interior in 1950, with the Guam Organic Act, which also conferred U.S. citizenship on Guamanians and established the territory's government.

As an unincorporated territory, Guam has a unique political status within the United States. Guamanians are U.S. citizens, but they do not have voting representation in the U.S. Congress, and they cannot vote in U.S. presidential elections. Guam is governed by a popularly elected governor and a unicameral legislature, with a judicial system overseen by the Supreme Court of Guam. The island's legal system is a mix of U.S. federal law and local laws, with the District Court of Guam serving as the federal court for the territory.

The future political status of Guam has been a subject of discussion and debate. There have been movements advocating for Guam to become a U.S. state, to unite with other U.S. territories, or to seek independence. In the 1980s and 1990s, there was a significant push for Guam to become a commonwealth, which would have granted it a level of self-government similar to Puerto Rico and the Northern Mariana Islands. However, this proposal was rejected by the U.S. federal government as incompatible with the U.S. Constitution.

Guam's economy is heavily dependent on tourism and the U.S. military, which has a significant presence on the island. The military bases on Guam are considered a major strategic asset for the United States in the Pacific region. Additionally, Guam's status as a duty-free port has attracted foreign investment and manufacturing companies to the island.

The Organic Act of 1950

The Guam Organic Act of 1950 is a federal law that conferred US citizenship on the residents of Guam, who were previously non-citizen US nationals. It also established the territory's government, with executive, legislative, and judicial branches, and transferred federal jurisdiction over the territory from the US Navy to the US Department of the Interior.

The Organic Act provided for the Governor of Guam, an executive branch headed by a governor appointed by the US President. While the residents of Guam were not initially given the right to vote for their governor, this was later granted in 1968 with the Elective Governor Act. The Act also established the Guam Legislature, a unicameral legislature of up to 21 members (later reduced to 15 in 1996), elected by the residents of Guam. This gave Guam residents the right to vote for the body that creates the laws that govern them, although the ultimate laws that govern Guam are still those of the US Congress, in which Guam residents have no vote.

The Act also established the Judiciary of Guam, a court system with judges appointed by the Governor of Guam and re-elected by Guam voters. Additionally, it redesignated the island of Guam as an unincorporated territory of the United States, providing some measure of self-governance to the people of Guam for the first time in over three hundred years of foreign colonization.

Prior to the Organic Act of 1950, Guam had been placed under the jurisdiction of the US Navy when it became a US territory in 1898. The first elections in Guam were held in 1970, and Guam was later granted a non-voting delegate to the US House of Representatives.

The relationship between Guam and the US Navy

Guam, a tiny western Pacific island, has been a US territory for over a century. The US Navy's association with Guam began in 1898 during the Spanish-American War. Guam was then under Spanish control, but the US sought to capture the island to secure the larger territory of the Spanish Philippines, which were only 1500 miles away. The US sent the USS Charleston (C-2) to Guam, and upon arrival, the Spanish governor, Marina Vega, surrendered the garrison. Captain Henry Glass entrusted the governance of the island to an American citizen, Francisco Portusach, until reinforcements could arrive.

Portusach, a Spanish-born whaler and merchant, was informally made the administrator of Guam by Captain Glass before he departed for Manila. However, no formal record exists of this appointment, and historians rely solely on Portusach's recollection of a verbal agreement. During this period, Portusach's power was challenged by the Spanish treasurer, José Sixto, who disputed Portusach's authority due to the lack of written authorization. Sixto refused to surrender the island's treasury and continued to pay Spanish bureaucrats and militia members, consolidating his influence and allowing a breakdown of law and order.

In August 1899, Captain Richard Leary of the USN established the first naval administration of Guam, ending the period of political ambiguity. The US Navy continued to govern Guam until 1950, with a three-year interruption when the island was captured by Japan in 1941. The Guam Organic Act of 1950 transferred federal jurisdiction over Guam from the US Navy to the Department of the Interior, marking a shift in the administrative control of the island.

Today, Naval Base Guam, located on Apra Harbor and occupying the Orote Peninsula, serves as a strategic US naval base. It is home to Commander Submarine Squadron 15, Coast Guard Sector Guam, and Naval Special Warfare Unit One, supporting numerous other tenant commands. Guam's significance as a link between the US and Asia has led to its development as a key military outpost, with expansion efforts in recent years facing opposition from local residents.

The applicability of US laws in Guam

Guam is an unincorporated territory of the United States and was placed under the jurisdiction of the U.S. Navy in 1898. The Guam Organic Act of 1950 conferred U.S. citizenship on Guamanians and established the territory's government, transferring federal jurisdiction over Guam from the U.S. Navy to the Department of the Interior.

The US Supreme Court has deferred to the US territories on matters of peculiarly local concern since at least 1874. This deference is based on the understanding that local needs, customs, and legal systems may differ from those that federal courts are more familiar with. However, the Supreme Court and lower courts have denied Guam's courts deference with respect to its Organic Act on the grounds that it is federal in character and can implicate non-local concerns.

The Guam Organic Act of 1950 functions like a constitution, establishing the executive, legislature, and judiciary, as well as a bill of rights for the territory. While the Supreme Court has acknowledged that it owes deference to territorial courts over matters of purely local concern, it has declined to defer to the Guam Supreme Court's interpretation of the Organic Act because, according to the Court, the issuance of bonds implicated external concerns as well.

Guam's government and its powers

Guam is a two-party presidential representative democracy, with the governor as the head of government. It is an unincorporated territory of the United States, with policy relations between Guam and the US under the jurisdiction of the Office of Insular Affairs. Guam's government and its powers are established by the Guam Organic Act of 1950, which also conferred US citizenship on Guamanians. The Act transferred federal jurisdiction over Guam from the US Navy to the Department of the Interior.

The first elections in Guam were held in 1970. The governor and lieutenant governor are elected on a joint ticket by popular vote for four-year terms. The Guam Legislature is a unicameral body consisting of 15 senators, who are elected at-large to serve two-year terms without term limits. The legislature has the power to create laws and policies for the island of Guam, including establishing the local judiciary.

The judiciary in Guam consists of the Supreme Court of Guam, the Superior Court of Guam, and other lower local courts. The Supreme Court is the highest judicial body and hears all appeals from the Superior Court. The Superior Court is a court of general jurisdiction, presiding over criminal, civil, juvenile, probate, small claims, traffic, and child support cases.

Guam also has a number of semi-autonomous agencies, including the Guam Department of Agriculture, the Guam Department of Public Health and Social Services, the Guam Environmental Protection Agency, the Guam Police Department, and the Office of the Attorney General of Guam.

Frequently asked questions