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Saturday, December 17, 2022


 

THE HOLLY RUSTICK APP

BROUGHT FORTH TO SOLVE THE VANESSA WILLIAMS DILEMMA

Vanessa has publicly informed all of the decision points confronting birthing persons:

“It is impossible to separate our choice of whether and when to have children from every other choice in our lives.”

 The app collects data form several points and incorporates them into a logarithm. If abortion is the superior choice a tombstone will pop up on your screen.

 

If you don’t click on the icon within ten minutes a pile of dollars appears.

After you have downloaded the app it will query you for the following information:

·        Date of your last period

·        Annual salary

·        Total household income

·        Age of your automobile(s)

·        Age of your home

·        Net worth

·        Date remodeling of your home will begin

·        Date you plan to begin Christmas shopping

·        Dates of your next vacation

·        Date you will go to work or start a new job

·        Date you plan to marry/divorce

·        Schedule of your tennis/golf/bridge etc. dates

The app gathers other important information from the internet:

·        Dr. Shieh’s fee schedule

·        Per diem charge for a room at GMH/GRMC

·        The cost of a chemical abortion

·        Plane fare to Honolulu

·        The schedules of Drs. Raidoo and Kaneshiro

Sunday, November 14, 2021

Letter to President Robert Underwood.

  

Robert,

 

Me: “However I'm not amused by "Guam Historian" Anne Perez Hattori's analysis linking our inability to vote in presidential elections to the Insular Cases.”

 

You:  “Hattori was talking about the origins of the unincorporated territorial status[1] and it was Olver [sic] who made the link to voting for President.”

______________________________________________________________________

 

This glaringly  FALSE STATEMENT was uttered by Guam historian Anne Perez Hattori on the TV show called  Last Week Tonight with John Oliver :

 

“The United States flag is flying over these lands so some people said well doesn’t that mean that American laws apply[2]? In 1901 the insular cases, basically the judgment of the Supreme Court, the new territories were inhabited by alien quote alien races and they may not be able to understand Anglo-Saxon laws therefore the constitution doesn’t have to apply.”

 

Guam historian Anne Perez Hattori condensed 147 pages of United States Supreme Court opinion into 38 words and presented that 38 word quote as the ratio decidendi and not the hypothetical obiter dictum that it really was. The three concurring opinions from which the Court’s ruling was derived employed different rationals which yielded the holding in Downes, none of which relied on Guam historian Anne Perez Hattori’s 38 words to reach a result.  Guam historian Anne Perez Hattori’s statement smacks of a degree of sophistry that is perhaps fitting for a TV comic but not coming from a university professor who we should be able to take seriously[3]

 

Nine United States Supreme Court cases were decided in 1901 which are generally identified as Insular Cases.[4] Probably the best way to gain an understanding of the Insular Cases and their import is to read the cases. Two key cases are of great import, each of which list one George R. Bidwell as the appellee. Bidwell the US customs collector for New York was sued in his official capacity to recover duty paid under protest on sugar “imported” from Port Rico[5]. The Supreme Court held that Puerto Rico was not a foreign country and therefore the collection of the tariff from De Lima was wrong. (De Lima v. Bidwell)

 

In the other key case S. B. Downes and Co. was an importer who sued the collector of customs for New York to recover $659.35 paid in duty for the import of some bananas to George R. Bidwell the customs collector for New York Downes turned on an the determination of whether the Foraker Act passed constitutional muster.  The Downes decision held only that the Uniformity Clause, Art I § 8 ¶ 1 of the Constitution:

 

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

 

 

was not applicable outside the 47 states[6] that made up the union at that time.

 

Here’s the holding in that case:

“We are therefore of opinion that the Island of Porto Rico is a territory appurtenant and belonging to the United States, but not a part of the United States within the revenue clauses of the Constitution; that the Foraker Act[7] is constitutional, so far as it imposes duties upon imports from such island, and that the plaintiff cannot recover back the duties exacted in this case.

The judgment of the Circuit Court is therefore

Affirmed.

And the syllabus of the decision penned by Justice Brown:

Syllabus

By MR. JUSTICE BROWN, in announcing the conclusion and judgment of the Court.

The circuit courts have jurisdiction, regardless of amount, of actions against a collector of customs for duties exacted and paid under protest upon merchandise alleged not to have been imported.

The Island of Porto Rico is not a part of the United States within that provision of the Constitution which declares that "all duties, imposts, and excises shall be uniform throughout the United States."

Page 182 U. S. 245

There is a clear distinction between such prohibitions of the Constitution as go to the very root of the power of Congress to act at all, irrespective of time or place, and such as are operative only throughout the United States, or among the several states.

A long continued and uniform interpretation, put by the executive and legislative departments of the government upon a clause in the Constitution should be followed by the judicial department unless such interpretation be manifestly contrary to its letter or spirit.

Downes consists of 147 pages of analysis that spans the discipline of constitutional interpretation from the parsing of text, stare decisis and policy analysis, to historical and philosophical determinations.  Downes deals with tariff duties on oranges. Commercial interests, especially the sugar industry,  were the animas underlying Downes, not as Guam historian Anne Perez Hattori  would instruct, that Porto Rico was “…inhabited by alien quote alien races and they may not be able to understand Anglo-Saxon laws therefore the constitution doesn’t have to apply.”

 

Nine of the Insular Cases were decided in 1901. Eight dealt with Puerto Rico, one the Philippines (24 Diamond Rings.) None dealt with Guam nor did they have any applicability to Guam whatsoever.[8] At the time those insular cases were decided Guam wasn’t even a colony.[9] Guam was a prize of war governed by the President as commander in chief until such time that the Congress determined the civil rights and political status of the native inhabitants.[10]

 

Four justices dissented and in so doing clearly defined the issue before the Court:

MR. CHIEF JUSTICE FULLER, with whom concurred MR. JUSTICE HARLAN, MR. JUSTICE BREWER, and MR. JUSTICE PECKHAM, dissenting:

This is an action brought to recover moneys exacted by the collector of customs at the port of New York as import duties on two shipments of fruit from ports in the Island of Porto Rico to the port of New York in November, 1900.

The treaty ceding Porto Rico to the United States was ratified by the Senate February 6, 1899; Congress passed an act to carry out its obligations March 3, 1899, and the ratifications were exchanged, and the treaty proclaimed April 11, 1899. Then followed the act approved April 12, 1900. 31 Stat. 77, c. 191.

MR. JUSTICE HARLAN, MR. JUSTICE BREWER, MR. JUSTICE PECKHAM, and myself are unable to concur in the opinions and judgment of the Court in this case. The majority widely differ in the reasoning by which the conclusion is reached, although there seems to be concurrence in the view that Porto Rico belongs to the United States, but nevertheless, and notwithstanding the act of Congress, is not a part of the United States subject to the provisions of the Constitution in respect of the levy of taxes, duties, imposts, and excises.

Page 182 U. S. 348

The inquiry is whether the Act of April 12, 1900, so far as it requires the payment of import duties on merchandise brought from a port of Porto Rico as a condition of entry into other ports of the United States, is consistent with the federal Constitution.

The act creates a civil government for Porto Rico, with a governor, secretary, attorney general, and other officers, appointed by the President, by and with the advice and consent of the Senate,…

***

The first clause of sec. 8 of Article I of the Constitution

Page 182 U. S. 352

provides:

"The Congress shall have power to lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defense and general welfare of the United States; but all duties, imposts, and excises shall be uniform throughout the United States."

Clauses four, five, and six of section nine are:

"No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken."

"No tax or duty shall be laid on articles exported from any state."

This act on its face does not comply with the rule of uniformity, and that fact is admitted.

***

Glance at

 

If those possessions are inhabited by alien races, differing from us in religion, customs, laws, methods of taxation, and modes of thought, the administration of government and justice according to Anglo-Saxon principles may for a time be impossible, and the question at once arises whether large concessions ought not to be made for a time, that ultimately our own theories may be carried out and the blessings of a free government under the Constitution extended to them. We decline to hold that there is anything in the Constitution to forbid such action.

 

NB the conditional nature of the first sentence established by the lead word in the quote: “if.” In other words the sentence speaks to what could happen, not past events. Surrounding paragraphs make this determination inevitable.

 

If Congress had power to acquire new territory, which is conceded, that power was not hampered by the constitutional provisions. If, upon the other hand, we assume

Page 182 U. S. 286

“…that the territorial clause of the Constitution was not intended to be restricted to such territory as the United States then possessed, there is nothing in the Constitution to indicate that the power of Congress in dealing with them was intended to be restricted by any of the other provisions.

***

In short, there is absolute silence upon the subject. The executive and legislative departments of the government have for more than a century interpreted this silence as precluding the idea that the Constitution attached to these territories as soon as acquired, and unless such interpretation be manifestly contrary to the letter or spirit of the Constitution, it should be followed by the judicial department.[11] Cooley, Const.Lim. secs. 81-85. Burrow-Giles Lithographic Co. v. Sarony, 111 U. S. 53, 111 U. S. 57; Field v. Clark, 143 U. S. 649, 143 U. S. 691.

Its conditional nature is emphasized by the first sentence of the quote:

Patriotic and intelligent men may differ widely as to the desireableness [sic] of this or that acquisition, but this is solely a political question.

If Guam historian Anne Perez Hattori had noticed the hypothetical stated at pp. 286 et seq.:

“…the judgment of the Supreme Court, the new territories were inhabited by alien, quote alien, races and they may not be able to understand Anglo-Saxon laws therefore the constitution doesn’t have to apply.”

 

and had she read the triple rationes decidendi employed by the Supreme Court she might not have been so willing to be used by John Oliver as his “straight man.” [12]

There is much to learn from the Insular Cases about what an apparently prescient  Chief Justice John Marshall referred to as an “American Empire.” University professors could have a role in the learning process:

 

 “…The general public should feel free to demand more from academics in terms of quality of thought, transparency of processes and, most of all, honesty and integrity. The public should feel free to respond with ideas and hold them accountable, especially if they use the title professor….”[13]

 

 

Best regards,

 

Bob



[1] As pointed out infra, Downes had three rationales decidendi. A better place to look for “unincorporated’ is Balzac v. Porto Rico.

[2] Of course American laws do apply in Guam, cf. the CNMI re labor and immigration laws.

[3]Anyone who uses the title professor has a special responsibility to be truthful. The general public should feel free to demand more from academics in terms of quality of thought, transparency of processes and, most of all, honesty and integrity.

At UOG, we have many academics who willingly share their ideas in public. The public should feel free to respond with ideas and hold them accountable, especially if they use the title professor. Academic freedom isn’t free, there are many responsibilities associated with it.” Words that are familiar to you, Robert.

[4] Armstrong v. United States

Crossman v. United States

De Lima v. Bidwell

Dooley v. United States 182 U.S. 222 (1901)

Dooley v. United States, 183 U.S. 151 (1901)

Downes v. Bidwell

Fourteen Diamond Rings v. United States

Goetze v. United States

Huus v. New York and Porto Rico Steamship Co.

[5] After the Treaty of Paris the US changed the name of the island to Porto Rico, probably in deference to English speaking Americans. The name was changed back ot Puerto Rico in 1932.

[6] Oklahoma, New Mexico and Arizona (and of course Alaska and Hawaii) had not yet been admitted.

[7] The Foraker Act, enacted 1900, in was the first Organic Act for Puerto Rico. It established civil government, a US District Court and a non voting Resident Commissioner to Congress. § 3 of the Foraker Act provided for an internal tariff which would arguably violate the Uniformity Clause of the Constitution. Thus the procedural challenge in Downes v. Bidwell.

 

‘Sec. 3. That on and after the passage of this Act all merchandise coming into the United States from Porto Rico and coming into Porto Rico from the United States shall be entered at the several ports of entry upon payment of fifteen per centum of the duties which are required to be levied, collected, and paid upon like articles of merchandise imported from foreign countries;…”

 

[8] Guam is not an unincorporated territory because of the Insular Cases. Guam is an unincorporated territory because the Congress said it is: “Unincorporated Territory -- Government. Guam is hereby declared to be an unincorporated territory of the United States and the capital and seat of government thereof shall be located at the city of Agaña, Guam.” 48 USC § 1421a. (NB the effect of deleting the first syllable of the first word!)

[9] Guam became a colony of the United States upon enactment of the Organic Act, 48 USC § 1421 et seq. Before the Organic Act, the President of the United States as commander-in-chief ruled Guam awaiting the determination of Congress. (See fn 10.)

[10]Treaty of Paris: Article IX. “Spanish subjects, natives of the Peninsula, residing in the territory over which Spain by the present treaty relinquishes or cedes her sovereignty, may remain in such territory…

***

“The civil rights and political status of the native inhabitants of the territories hereby ceded to the United States shall be determined by the Congress.”

[11]  Undoubtedly a reference to, the development of what Chief Justice Marshall called “the American empire.”

[12] She might have even accurately quoted the opinion! 

 


Wednesday, April 7, 2021

Rand Paul shows us how to save the unborn

 Dear Pro-Life American,


For 48 years, a few unelected men and women on the Supreme Court have played God with innocent human life.

They have invented laws that condemned to painful deaths without trial more than 62 million babies for the crime of being "inconvenient."

In 1973, the U.S. Supreme Court's Roe v. Wade ruling forced abortion-on-demand down our nation's throat.

In the past, many in the pro-life movement have felt limited to protecting a life here and there -- passing some limited law to slightly control abortion in the more outrageous cases.

But some pro-lifers always seem to tiptoe around the Supreme Court, hoping they won't be offended.

Now the time to grovel before the Supreme Court is over.

Working from what the Supreme Court ruled in Roe v. Wade, pro-life lawmakers can pass a Life at Conception Act and end abortion using the Constitution instead of amending it.

That is why it's so urgent you sign the petition to your Senators and Congressman that I will link to in a moment.

Signing the Life at Conception Act petition will help break through the opposition clinging to abortion-on-demand and ultimately win a vote on this life-saving bill to overturn Roe v. Wade.

A Life at Conception Act declares unborn children "persons" as defined by the 14th Amendment to the Constitution, entitled to legal protection.

This is the one thing the Supreme Court admitted in Roe v. Wade that would cause the case for legal abortion to "collapse."

When the Supreme Court handed down its now-infamous Roe v. Wade decision, it did so based on a new, previously undefined "right of privacy" which it "discovered" in so-called "emanations" of "penumbrae" of the Constitution.

Of course, as constitutional law, it was a disaster.

But never once did the Supreme Court declare abortion itself to be a constitutional right.

Instead, the Supreme Court said:

"We need not resolve the difficult question of when life begins... the judiciary at this point in the development of man's knowledge is not in a position to speculate as to the answer."

Then the High Court made a key admission:

"If this suggestion of personhood is established, the appellant's case [i.e., "Roe" who sought an abortion], of course, collapses, for the fetus' right to life is then guaranteed specifically by the [14th] Amendment."

The fact is, the 14th Amendment couldn't be clearer:

"... nor shall any state deprive any person of life, liberty or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the law."

Furthermore, the 14th Amendment says:

"Congress shall have power to enforce, by appropriate legislation, the provisions of this article."

That's exactly what a Life at Conception Act would do.

But this simple, logical and obviously right legislation will not become law without a fight.

And that's where your help is critical.

You see, it will be a tough fight, but I believe with your signed petition it is one we can win.

Please click here to sign your petition right away.



By turning up the heat through a massive, national, grassroots campaign in this session of Congress, one of two things will happen.

If you and other pro-life activists pour on enough pressure, pro-lifers can force politicians from both parties who were elected on pro-life platforms to make good on their promises and ultimately win passage of this bill.

But even if a Life at Conception Act doesn't pass immediately, the public attention will send another crew of radical abortionists down to defeat in the next elections.

Either way, the unborn win... unless you do nothing.

That's why the National Pro-Life Alliance is contacting hundreds of thousands of Americans just like you to mobilize a grassroots army to pass a Life at Conception Act.

The first thing you must do is sign your petition by clicking here.

They are the key ingredient in the National Pro-Life Alliance's plan to pass a Life at Conception Act. They'll also organize:

... Hard-hitting TV, radio and newspaper ads to be run just before each vote, detailing the horrors of abortion and mobilizing the American people.

... Extensive personal lobbying of key members of Congress by rank-and-file National Pro-Life Alliance members and staff.

... A series of newspaper columns to be distributed free to all 1,331 daily newspapers now published in the United States.

... An extensive email, direct mail and telephone campaign to generate at least one million petitions to Congress like the one linked to in this letter.

Of course, to do all this will take a lot of money.

Just to email and mail the letters necessary to produce one million petitions will cost at least $460,000.

Newspaper, TV and radio are even more expensive.

But I'm sure you'll agree pro-lifers cannot just sit by watching the slaughter continue.

The National Pro-Life Alliance's goal is to deliver one million petitions to the House and Senate in support of a Life at Conception Act.

When the bill comes up for a vote in Congress, it is crucial to have the full weight of an informed public backing the pro-life position.

I feel confident that the folks at the National Pro-Life Alliance can gather those one million petitions.

But even though many Americans who receive this email will sign the petition, many won't be able to contribute. That's why it's vital you agree to your donation of $10, or even more if you can.

Without your help, the National Pro-Life Alliance will be unable to gather the one million petitions and mount the full-scale national campaign necessary to pass a Life at Conception Act.

A sacrificial gift of $50 or even $25 now could spare literally millions of innocent babies in years to come. But if that's too much, please consider chipping in with a donation of $10.

You should also know that a National Pro-Life Alliance supporter wants to make your decision to give easier by agreeing to match your donation, no matter the size, increasing its value by 100%!

So please respond right away with your signed petition.



And please help by agreeing to your generous contribution of $10. Some people have already given as much as $500. Others have given $100.

But no matter how much you give, whether it's chipping in with $10 or a larger contribution of $25, I guarantee your contribution is urgently needed and will be deeply appreciated.

That's why I hope and pray that you will not delay a moment to make a contribution of $10, $25, or even $50 if you can.

Your contribution to the National Pro-Life Alliance and your signed petition will be the first steps toward reversing Roe v. Wade and waking up the politicians about where our barbarous pro-abortion policy is taking us.

Sincerely,

Rand Paul,
United States Senator (R-KY)

P.S. The Suprem

Wednesday, November 4, 2020

Bob & Ray draft resolution

What follows is the draft resolution Ray sent to the chairman of the GOP for retransmission to the five Republican senators whose names appear on the resolution in hopes that they would introduce it. Blogger software changes the formatting of the resolution.




I MINAʹTRENTAI SINGKO NA LIHESLATURAN GUÅHAN

2020 (SECOND) Regular Session

 

 

RESOLUTION No. _385-35 (COR)

 

                                                                                                                                                                                                                 

                           Introduced by:                                                                         Telo T. Taitague Taitague 


                                                                                                                            Jim Moylan

                                                                                                                            Wil Castro

                                                                                                                             Mary Torres

                                                                                                                              Louise Muña_


 

 

RELATIVE TO TERMINATING THE EMERGENCY HEALTH POWERS CREATED BY 10 GCA CH. 19 PURSUANT TO 10 GCA § 19405 (c) IN ORDER TO RESTORE THE CIVIL RIGHTS OF THE PEOPLE OF GUAM

                                                         

 


SHORT TITLE: This resolution may be cited as:

THE RESTORATION OF CIVIL RIGHTS ACTION

BE IT RESOLVED BY I MINA’TRENTAI SINGKO NA LIHESLATAURAN GUÅHAN:

WHERAS, the governor invoked the Emergency Health Powers provided by 10 GCA Ch. 19 by promulgation of Executive Order 2020-03 on March 14; and

WHEREAS, even though 10 GCA § 19402 requires that such executive orders specify “the conditions that have brought about the Public Health Emergency;” said executive order does not specify those conditions but only references organizations e.g. CDC and WHO while stating that “…no COVID-19 cases have been identified in Guam…”

WHEREAS, the governor then  proceeded to promulgate thirty-three more executive orders plus a plethora of DPHSS  Guidance Memos, the effects of which were to arbitrarily and capriciously “lock down” the island, destroy commerce, restrict the liberty of citizens, isolate and q civil uarantine people and generally abuse whatever authority is available under 10 GCA Ch. 19;

WHEREAS, pursuant to 10 GCA § 19405 (d) the legislature finds as follows:

·        The nature of the emergency was infection of some residents with COVID-19

·        The area threatened was the island of Guam

·        The conditions that make possible the termination of the declaration are that the governor has overreacted to the situation caused by COVID-19, imposing draconian conditions on the population in derogation of their constitutional rights in a manner unnecessary to deal with the emergency which does not pose a high probability of a large number of deaths.

WHEREAS, 10 GCA § 19405 (c) which reads: “[The Guam Legislature]. By a majority vote, [The Guam Legislature] may terminate the declaration of a state of Public Health Emergency at any time from the date of original declaration upon finding that the occurrence of an illness or health condition that caused the emergency does not or no longer poses a high probability of a large number of deaths in the affected population, a large number of incidents of serious permanent or long-term disability in the affected population or a significant risk of substantial future harm to a large number of people in the affected population. Such a termination by [The Guam Legislature] shall override any renewal by I Magalåhen Guåhan [The Governor].” The 35th Guam Legislature hereby finds that termination of the Public Health Emergency declared by Executive Order 2020-3 as extended by subsequent executive orders is warranted; now therefore, be it

RESOLVED, the Public Health Emergency begun by Executive Orders 2020-03 et seq. is hereby terminated and be it further

RESOLVED, that the Speaker certify and the Legislative Secretary attest to, the adoption hereof and that copies of the same be transmitted to the Honorable Lourdes A. Leon Guerrero, the Governor of Guam and to The Ray Gibson Show.

DULY AND REGLARLY ADOPTED BY I MINA’TRENTAI SINGKO NA

LIHESLATUARAN GUAHÅN_______DAY OF OCTOBER 2020.

 

 

___________________________                _________________________          

TINA ROSE MUÑA-BARNES                     AMANDA L. SHELTON

Speaker                                           Legislative Secretary

 

Wednesday, May 27, 2020

TESTIMONY ON BILLS 357-, 358-, 359- AND 361-35


Robert Klitzkie, Esq.
22 Baki Ct., Yigo, GU 96929
 (671) 653-6607


TESTIMONY ON BILLS 357-, 358-, 359- AND 361-35

Honorable Joe S. San Agustin and members of the Committee General Government Operations, Appropriations and Housing I oppose all four the bills before your committee.  All of the bills appear to address perceived inadequacies in Department of Administration Personnel Rule 8.406. That rule containing two categories of benefits is not an exemplar of clear draftmanship.

Governor Leon Guerrero apparently determined on March 19 that she would not implement the provisions of DOA Rule 8.406 when she issued XO 2020-05:

¶4 of Executive Order 2020-05 reads in pertinent part:
…all government of Guam employees remain in regular work status and are expected to report for duty within two hours for duty within two hours from receiving notice from his/her supervisor.

Since ALL GovGuam employees were in regular work status Director of Administration, Ed Birn, stated, inter alia, that the double pay feature of 8.406 was not triggered. That interpretation was not made known  until very recently by an off-the-cuff announcement by the governor’s acting chief of staff.

The March 19 Rule 8.406 intrepretation was bolstered by two subsequent acts of the governor, her ultra vires[1] promulgation of XO 2020-8 COVID-19 Response Differential Pay on April 5 and here veto message of Bill 336 which would have mooted the Birn interpretation that all employees remain on work status. The governor suggested that the cost of Bill 336, were it to become law, would be $36 million, probably necessitating the layoff of GovGuam employees.






An analysis of DOA Rule 8.406 is appropriate. Per 8.406 when the Governor declares a state of emergency two categories of benefits are created.

Category I is composed of employees who do not have to report to their regular jobsite but still draw their regular pay without being charged leave. DOA Rule 8.406 C. 1.

Category II is composed of employees who must go to work at the jobs for which they were hired.
DOA Rule 8.406 C. 2.

The author of Rule 8.406, apparently governed by some misbegotten sense of barnyard equity,[2] perceived an unfairness when some employees were allowed to stay at home with pay while others must report to work. The four bills attempt to correct the perceived unfairness by paying those who were required to work twice—once for working and once because others were paid and didn’t have to work. Thus, adding for working pay to didn’t have to work pay equals double pay, one for working and one because others didn’t work

Rule 8.406 is set out in the margin.[3] A review of what that rule doesn’t say is entlightening. Terms like “frontline workers,” “danger” and “sacrifice” being solely the products of the demagogic pandering advanced in support of double pay for “heroic frontline workers.” A good example of the demagogic pandering occurred on May 20 when Speaker Barnes called the legislature into emergency session and waived the public hearing requirement for these bills finding a danger to  the public health or safety!  Those who were required to work reported to their regular jobs. Nurses work at the hospital. Because hospitals are inhabited by sick people and harbor bacteria, viruses and fungi there is an  inherent risk in just being in a  hospital.[4]

Employees required to work did their regular jobs: firement put out fires, cops caught crooks and nurses went to the hospital. All are entitled to their regular compensation nothwithstanding that other employees were paid for not working.  Basing salary policy on the anomalie that some workers get paid for not working can never, even in the best of times, lead to a proper result. These are far from the best of times when thousands of workers are receiving no pay at all. The vast majority of unemployed and under employed workers likely can’t help but being repulsed by the spectacle of GovGuam employees, who didn’t miss a paycheck, carping about double pay.

Respectfully submitted,


Robert Klitzkie


[1] XO 2020 asserts the governor’s authoriy to promulgate the COVID-19 Response Differential Pay sans a citation to her authority to do so. Cf. the final sentence of the Attorney General’s opinion of May 14 which reads, “The Organic Act, in fact, expressly authorizes the Legislature ot set the compensation of all government of Guam employees.”
[3] 8.406 Natural Disasters and Other Emergency Conditions
A. Excused absence with pay and without charge to leave shall be granted to employees when natural disasters or other emergency conditions create unsafe working conditions.
B. Excused absence, for natural disaster or other emergency conditions, may be granted only when there has been an official proclamation of the hazardous conditions by Executive Order, or an equivalent announcement by the Governor.
C. When the Governor declares a State of Emergency, the appointing authority shall determine whether affected facilities or portions thereof, which are located in the area covered by the Executive Order or proclamation, are to be closed.
1. Except for those employees determined by the appointing authority to be necessary for providing essential services, employees shall be released from duty with pay, without charge to leave, for the period the facility is closed.
2. Those employees, required to remain on duty to provide essential services, shall be paid at double the regular rate, or granted compensatory leave credits for the hours worked during the period the facility is closed and the other employees are on excused leave
os