AGO: plebiscite does not offend Constitution

The native inhabitants of Guam are entitled to express their desires in their own advisory plebiscite.

January 10, 2012Updated: January 10, 2012
KUAM NewsBy KUAM News

by Mindy Aguon

Guam - The native inhabitants of Guam are entitled to express their desires in their own advisory plebiscite. In response to Arnold Davis' opposition to the dismissal of his lawsuit against the Government of Guam and the Guam Election Commission, Assistant Attorney General Robert Weinberg argues that until Guam "enters the union as a state, its native inhabitants are entitled to express their desires in their own advisory plebiscite and to gave those desires transmitted to Congress by the Government of Guam." 

Weinberg contends that the local and federal governments are morally and legally obligated to solicit the views of the native inhabitants because the future political status of Guam is an unsettled question.  Because it is non-binding the government argues it doesn't offend the Constitution or the Voting Rights Act. 

Davis argues the law creating the plebiscite is unconstitutional and is racially discriminatory.