Organic Act of Guam
SUBCHAPTER 1
GENERAL PROVISIONS

§[1] Short Title. This Act may be cited as the Organic Act of Guam.
SOURCE: "This Act" is the Act of August 1, 1950, 64 Stat. 384, codified as 48 U.S.C. 1421-1425, as amended.
§1421. Name and Territory Encompassed. The territory ceded to the United States in accor-dance with the provi-sions of the Treaty of Peace between the United States and Spain, signed at Paris, December 10, 1898, and proclaimed April 11, 1899, and known as the island of Guam in the Marianas Islands, shall continue to be known as Guam.
SOURCE: §2 of Act of Aug. 1, 1950; 48 U.S.C. 1421.
NOTE: The numbering of this (1992) entire publication of the Organic Act and Related Federal Laws is that found in Title 48 of the U.S. Code Annotated.
§1421a. Unincorporated Territory -- Government.
Guam is hereby declared to be an unin-corporated territo-ry of the United States and the capital and seat of government thereof shall be located at the city of Agana, Guam. The gov-ernment of Guam shall have the powers set forth in this Act, shall have power to sue by such name, and, with the consent of the legislature evidenced by enacted law, may be sued upon any contract entered into with respect to, or any tort commit-ted incident to, the exercise by the government of Guam of any of its lawful powers.1 The government of Guam shall consist of three branches, executive, legislative and judicial, and its relations with the Federal Gov-ernment in all matters not the pro-gram responsi-bility of another Federal department or agency, shall be under the general administrative supervi-sion of the Secretary of Interior._
SOURCE: §3 of Act of Aug. 1, 1950, 48 U.S.C. §1421a; 1added by Act of Sept. 21, 1959; _adopted by amendment of Sept. 11, 1968, P.L. 90-497, 12(a), 82 Stat. 847.
COURT DECISIONS:
Since Guam is an unincorporated territory, its government has only those powers con-ferred upon it by Congress. Rodriguez v. Gaylord, [1977 DC Hawaii] 429 F. Supp. 797.
Because the Organic Act did not specifical-ly permit such action, the Guam Legislature could not enact a law which took from the District Court all appellate jurisdic- tion. Territory of Guam v. Olsen, 451 U.S. 195. (1977).
Because the Organic Act (22) did not specifically provide for "diversity" jurisdiction in the District Court, no such jurisdiction exists. Chase Manhattan Bank (Nat. Assn.) v. South Acres Dev. Co., [1978 U.S.] 98 S.Ct. 544.
The Organic Act provides for a stricter separation of powers than found in the U.S. Constitution in that this Act specifies that there shall be "three branches" of govern-ment. People v. Camacho, Sup.Ct.Guam, 1 Guam R. 501 (1975). Followed in Attorney General of Guam v. Superior Court (Flores, Real Party), D.C.Guam, Civ. Case #79-153 (1980).
Guam has not waived its statutory immuni-ty, granted by §3 of the Organic Act, and so is not liable for damages arising from inten-tional torts. The statutory limited waiver of immunity (Government Claims Act - §6500 et seq. of the Government Code) is constitution-al. Munoz and Munoz v. Govt. of Guam & Aguon, (1980 CA9) 625 F.2d 257.
Because of the doctrine of "separation of powers", the Legisla-ture may not hire an attorney to represent the government of Guam in the institution of a suit by and on behalf of the territory. Such an act is the preroga-tive of the executive branch, as an act "executing the laws" applicable to Guam. Government of Guam v. United States, D.C.Guam 1982, Civ. No. 82-0001.
The doctrine of "separation of powers" does not permit the Legisla-ture to enact a law by which the Judiciary appoints a person to undertake a purely executive branch func- tion, namely, the prosecution of criminal cases. People v. Camacho, 1 Guam Rep. 501.
Guam's sovereign immunity is immunity against the govern-ment only and not against officers of the govern-ment acting in their individual capacities. Ngiraingas v. Sanchez, et al., (C.A. Guam 1988) 858 F.2d 1368.
1. Territories have an "inherent sovereign immuni-ty", though not deriving it from the same source as that of the states.
2. While a sovereign may waive its immuni-ty by unequivocally expressing its consent to the court's jurisdiction, a motion to dismiss for lack of jurisdiction (because of such immunity) is not a consent to the court's jurisdiction, even when motion is accompanied by a request for court marshal to release items in his custody. Marx v. Govern-ment of Guam, (C.A.9 Guam 1989) 866 F.2d 294.
The immunity granted under this section does not provide immunity to police officers in their individual capacities in §1983 suits. Ngiraingas v. Sanchez, C.A.9 (Guam) 1988, 849 F.2d 372, 959 F.2d 1368. Aff_d U.S. Sup.Ct (1989).
§1421b. Bill of Rights.
(a) No law shall be enacted in Guam respect-ing an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of their grievances.
(b) No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
(c) The right of the people to be secure in their persons, houses, papers, and effects, against unreason-able searches and seizures, shall not be violated; and no warrant for arrest or search shall issue but upon proba-ble cause, supported by oath or affirmation, and particu-lar-ly describ-ing the place to be searched and the person or things to be seized.
(d) No person shall be subject for the same offense to be twice put in jeopardy of punish-ment; nor shall he be compelled in any criminal case to be a witness against himself.
(e) No person shall be deprived of life, liberty, or property without due process of law.
(f) Private property shall not be taken for public use without just compensation.
(g) In all criminal prosecutions the accused shall have the right to a speedy and public trial; to be informed of the nature and cause of the accusation and to have a copy thereof; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense.
(h) Excessive bail shall not be required, nor exces-sive fines imposed, nor cruel and unusual punishments inflicted.
(i) Neither slavery nor involuntary servi-tude, except as punishment for a crime whereof the party shall have been duly convicted, shall exist in Guam.
(j) No bill of attainder, ex post facto law, or law impair-ing the obligation of contracts shall be enacted.
(k) No person shall be imprisoned for debt.
(l) The privilege of the writ of habeas corpus shall not be suspended, unless, when in cases of rebellion or invasion or imminent danger thereof, the public safety shall require it.
(m) No qualification with respect to proper-ty, income, political opinion, or any other matter apart from citizen-ship, civil capacity, and resi- dence shall be imposed upon any voter.
(n) No discrimination shall be made in Guam against any person on account of race, lan-guage, or religion, nor shall the equal protection of the laws be denied.
(o) No person shall be convicted of treason against the United States unless on the testimony of two witness-es to the same overt act, or on confession in open court.
(p) No public money or property shall ever be appropri-ated, supplied, donated, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or associa-tion, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other reli-gious teacher or dignitary as such.
(q) The employment of children under the age of fourteen years in any occupation injurious to health or morals or hazardous to life or limb is hereby prohibited.
(r) There shall be compulsory education for all children, between the ages of six and sixteen years.
(s) No religious test shall ever be required as a qualifica-tion to any office or public trust under the government of Guam.
(t) No person who advocates, or who aids or belongs to any party, organization, or associa-tion which advocates the overthrow by force or violence of the government of Guam or of the United States shall be qualified to hold any public office or trust or profit under the gov-ernment of Guam.
(u) The following provisions of and amend-ments to the Constitution of the United States are hereby extend-ed to Guam to the extent that they have not been previ-ously extended to that Territory and shall have the same force and effect there as in the United States or in any State of the United States: article I, section 9, clauses 2 and 3; article IV, section 1 and section 2, clause 1; the first to ninth amend-ments inclusive; the thirteenth amendment; the second sentence of section 1 of the fourteenth amend-ment; and the fifteenth and nineteenth amendments.
All laws enacted by Congress with respect to Guam and all laws enacted by the territorial legislature of Guam which are inconsistent with the provisions of this subsection are repealed to the extent of such inconsisten-cy.