Guam Commonwealth: Hearing Before the Subcommittee on Insular and International Affairs of the Committee on Interior and Insular Affairs, House of Representatives, One Hundred First Congress, First Session, on H.R. 98, Guam Commonwealth Act, Parte 1


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Página 318 - Members of the United Nations which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount...
Página 323 - Charter, the well-being of the inhabitants of these territories, and, to this end: a. to ensure, with due respect for the culture of the peoples concerned, their political, economic, social, and educational advancement, their just treatment, and their protection against abuses; b. to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular cirumstances...
Página 323 - ... recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present charter, the wellbeing of the inhabitants of these territories, and, to this end : — A.
Página 284 - If, then, this clause does contain a power to legislate respecting the territory, what are the limits of that power? To this I answer that, in common with all the other legislative powers of congress, it finds limits in the express prohibitions on congress not to do certain things; that, in the exercise of the legislative power, congress cannot pass an ex post facto law or bill of attainder; and so in respect to each of the other prohibitions contained in the constitution.
Página 287 - But in ordaining government for the territories, and the people who inhabit them, all the discretion which belongs to legislative power is vested in Congress; and that extends, beyond all controversy, to determining by law, from time to time, the form of the local government in a particular Territory, and the qualif1cation of those who shall administer it.
Página 286 - Whilst, therefore, there is no express or implied limitation on Congress in exercising its power to create Local Governments for any and all of the Territories, by which that body is restrained from the widest latitude of discretion, it does not follow that there may not be inherent, although unexpressed, principles which are the basis of all free government, which cannot be with impunity transcended.
Página 288 - Constitution by prohibitions against interference with them, and what may be termed artificial or remedial rights which are peculiar to our own system of jurisprudence.
Página 289 - God according to the dictates of one's own conscience; the right to personal liberty and individual property ; to freedom of speech and of the press ; to free access to courts of justice, to due process of law, and to an equal protection of the laws; to immunitie.-i from unreasonable searches and seizures, as well as cruel and unusual punishments; and to such other immunities as are indispensable to a free government.
Página 287 - Congress has unquestionably full power to govern [the territories], and the people, except as Congress shall provide for, are not of right entitled to participate in political authority, until the Territory becomes a State. Meantime they are in a condition of temporary pupilage and dependence; and while Congress will be expected to recognize the principle of self-government to such extent as may seem wise, its discretion alone can constitute the -4measure by which the participation of the people...
Página 288 - It rests with Congress to say whether, in a given case, any of the people resident in the Territory shall participate in the election of its officers or the making of its laws...

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