Marshall Islands 1979 Constitution (reviewed 1995)

ARTICLE V. THE EXECUTIVE

Section 1. Executive Authority and Collective Responsibility of the Cabinet

1. The executive authority of the Republic of the Marshall Islands shall be vested in the Cabinet, whose members are collectively responsible to the Nitijela.
2. Subject to law, the Cabinet may exercise elements of its executive authority directly, or through its individual members, and through other officers responsible to the Cabinet; but neither the provisions of any such law, nor any delegation of elements of the Cabinet’s executive authority shall have the effect of diminishing the responsibility of the Cabinet and of each of its members to the Nitijela for the direction and implementation of executive policies.
3. The executive authority so vested in the Cabinet shall include but shall not be limited to the following powers, functions, duties and responsibilities:
   1. the Cabinet shall have the general direction and control of the government of the Republic;
   2. the Cabinet shall recommend to the Nitijela such legislative proposals as it considers necessary or desirable to implement its policies and decisions; and, in particular, the Cabinet, taking into account the provisions of Article VIII, shall recommend to the Nitijela proposals for the raising of taxes or other revenue and for the expenditure of public money;
   3. the Cabinet shall be accountable to the Nitijela for all public expenditure and for relating such expenditure to the appropriations made by the Nitijela or to other authority conferred by this Constitution or by Act;
   4. the Cabinet shall be responsible for conducting the foreign affairs of the Republic whether by treaty or otherwise:Provided that no treaty shall be finally accepted and no ambassador or other head of diplomatic mission shall be appointed by the Cabinet without the approval of the Nitijela, signified by resolution;
   5. the Cabinet shall be responsible for making such provision as may be reasonable and necessary for the security of the Republic:Provided that no armed force shall be raised or stationed in the Republic in peacetime except by Act;
   6. the Cabinet shall have the power of reprieve and pardon;
   7. the Cabinet shall be responsible for establishing and maintaining such hospitals and other institutions and for providing such other services as may be reasonable and necessary for the public health;
   8. the Cabinet shall be responsible for establishing and maintaining such public schools and for making such other provision as may be reasonable and necessary to provide educational opportunities for the people of the Republic;
   9. the Cabinet shall be responsible for establishing and maintaining such other institutions and services and for making such other provision as may be reasonable and necessary to achieve an adequate standard of living for the people of the Republic, to enable them to enjoy their legal rights, and to serve their economic, social and cultural welfare;
   10. in the exercise of its responsibilities, the Cabinet may make such contracts and other instruments on behalf of the Government of the Republic as it considers necessary.
4. No treaty or other international agreement which is finally accepted by or on behalf of the Republic on or after the effective date of this Constitution shall, of itself, have the force of law in the Republic.

Section 2. Composition of the Cabinet

1. The Cabinet shall consist of the President (who shall be a member of the Nitijela) and the other members of the Nitijela who are appointed as Ministers pursuant to this Article.
2. Subject to Section 8 of this Article, the members of the Cabinet shall continue in office until their successors are appointed.

Section 3. The President

1. The President shall be the Head of State of the Republic of the Marshall Islands.
2. The President shall be elected by a majority of the total membership of the Nitijela and shall be appointed to office pursuant to paragraph (2) of Section 4 of this Article.
3. The Nitijela shall, by secret ballot, proceed to elect the President at the first meeting of the Nitijela after each general election and also at the first meeting of the Nitijela after either
   1. the President’s seat in the Nitijela has been vacated for any reason other than the dissolution thereof; or
   2. the President has tendered or is deemed to have tendered his resignation from office.
4. The President may at any time tender his resignation from office by writing signed by him, addressed to the Speaker.
5. Where the President has tendered or is deemed to have tendered his resignation from office, that tender may not be withdrawn.

Section 4. Appointment of the Cabinet after Election of the President

1. As soon as practicable after his election to that office, the President elect shall nominate to the Speaker for appointment as Ministers not less than 6 nor more than 10 other members of the Nitijela who have consented to the nomination.
2. Upon receiving the nominations made by the President elect under this Section, the Speaker shall, by instrument signed by him, appoint to office, as members of the Cabinet, the President elect and the Ministers so nominated.
3. If the President elect has not, within 7 days after the date of his election to that office, submitted to the Speaker his nomination of not less than 6 members of the Nitijela for appointment as Ministers, his election to that office shall have no effect, and the Nitijela shall proceed as soon as practicable again to elect a President.

Section 5. Allocation of Portfolios

1. The President shall, as soon as practicable after taking office, by writing signed by him, allocate among the members of the Cabinet (including himself if he so desires) the portfolios of Minister of Finance, Minister of Foreign Affairs, Minister of Communication and Transportation, Minister of Resources and Development, Minister of Social Welfare, Minister of Public Works and such other portfolios as may be necessary or desirable for giving to a member of the Cabinet the primary responsibility for any Department or function of government.
2. The President shall have the primary responsibility for any Department or function of government in respect of which no allocation of a portfolio is for the time being in force.

Section 6. Appointment of Ministers and Allocation of Portfolios at other Times

1. The President may, at any time when the total number of Ministers is less than 10, submit to the Speaker, with the consent of the member, the nomination of a member of the Nitijela for appointment as a Minister.
2. The Speaker shall, by instrument signed by him appoint as a Minister any member so nominated.
3. The President may, at any time, by writing signed by him, allocate any portfolio in respect of which no allocation is in force, or may reallocate any portfolio.
4. Whenever it appears to the President that any Minister will, by reason of illness or absence from the Republic of the Marshall Islands or from the seat of government, be temporarily unable to discharge the responsibilities of any portfolio allocated to him, he may, by writing signed by him, direct any other Minister to discharge the responsibilities of that portfolio, until the Minister to whom that portfolio has been allocated is again able to discharge those responsibilities.

Section 7. Vote of No Confidence in the Cabinet

1. At any meeting of the Nitijela, any 4 or more members of the Nitijela who are not members of the Cabinet may give notice of their intention to make a motion of no confidence in the Cabinet.
2. Any such motion shall be voted on at a meeting of the Nitijela held not earlier than 5 days nor later than 10 days after the date of the giving of the notice.
3. If the motion of no confidence is carried by a majority of the total membership of the Nitijela, the President shall be deemed to have tendered his resignation from office.
4. If the Nitijela has not elected a President at the expiration of 14 days after the date on which the President is so deemed to have tendered his resignation from office, the vote of no confidence and the tender of the President’s resignation shall lapse.
5. In any case where a vote of no confidence has lapsed, notice of intention to make a motion of no confidence in the Cabinet may not again be given until the expiration of 90 days after the date on which that vote of no confidence lapsed, unless there has sooner been an appointment of the members of the Cabinet, following the election of a President.

Section 8. Vacation of Office by Ministers

1. A Minister shall vacate his office as a member of the Cabinet if
   1. his appointment as a Minister is revoked by the President, by instrument signed by him; or
   2. he vacates his seat in the Nitijela for any reason other than the dissolution thereof; or
   3. he resigns his office by writing signed by him, delivered to the President.
2. If the occurrence of any vacancy in the office of a Minister brings the total number of Ministers below 6, the President shall, within 30 days after the occurrence of the vacancy, submit to the Speaker the nomination of a Minister pursuant to paragraph (1) of Section 6 of this Article.
3. If, in any case where paragraph (2) of this Section applies, the President does not nominate a Minister in accordance with its provisions, he shall be deemed to have tendered his resignation from office.

Section 9. Acting President

1. Whenever, by reason of illness, or absence from the Republic of the Marshall Islands or from the seat of government, or for any other reason, the President is temporarily prevented from performing his functions in the Republic or at the seat of government, as the case may be, the President, or failing him the Cabinet may request the Speaker to appoint a Minister to perform the functions of President until such time as the President is capable of again performing his functions or has vacated his office; and the Speaker shall, by instrument signed by him, make such an appointment accordingly.
2. If the President vacates his seat in the Nitijela for any reason other than the dissolution thereof, the Speaker, acting at the request of the Cabinet, or if he receives no such request within 7 days of the date on which the President so vacates his seat, then acting in his own discretion, shall, by instrument signed by him, appoint a Minister to perform the functions of President until the members of the Cabinet are appointed after the election of a President.

Section 10. Meetings of the Cabinet

1. No business shall be transacted at any meeting of the Cabinet unless at least 4 members of the Cabinet are present.
2. The Cabinet shall not be disqualified from the transaction of business only because there is a vacancy among its members, or because, in any case where paragraph (4) of Section 6 of this Article applies, no direction has been given pursuant to that paragraph.
3. No proceeding of the Cabinet shall be questioned on the ground that a person who acted as a member of the Cabinet in relation to that proceeding was not qualified so to act.
4. Notice of every meeting of the Cabinet and a copy of every paper to be considered at that meeting shall be given to each member of the Cabinet, to the Chief Secretary, to the Attorney General, and to the Secretary of Finance.
5. The Chief Secretary shall have the right to attend any meeting of the Cabinet and to speak on any matter under consideration by the Cabinet, and shall so attend if required to do so by the President or other member of the Cabinet presiding.
6. The President shall preside over every meeting of the Cabinet at which he is present.
7. The decision of the Cabinet on any matter shall be taken by the members of the Cabinet present at a meeting of the Cabinet.
8. Subject to this Section, the Cabinet shall regulate its own procedure in such manner as it thinks fit.

Section 11. Instruments and Other Decisions Made by the Cabinet

1. Any instrument made by the Cabinet shall have effect, and any other decision of the Cabinet shall be duly authenticated, when that instrument or the record of that decision has been signed by the President, whether or not he was present at the meeting of the Cabinet at which the instrument or other decision was made, and by the Clerk of the Cabinet.
2. In any case not otherwise provided for in this Constitution or any other law, and with the consent or approval of the Nitijela if required, the President or a Minister acting with the authority of President may sign, pursuant to a decision of the Cabinet, any instrument of appointment or other instrument made on behalf of the Government of the Republic of the Marshall Islands.

Section 12. Clerk of the Cabinet

1. There shall be a Clerk of the Cabinet who shall be an officer of the Public Service and shall be responsible for arranging the business for and keeping the minutes of meetings of the Cabinet, and for conveying decisions of the Cabinet to the appropriate person or authority, and shall perform, with respect to the Cabinet, such secretarial and other functions as may be required.
2. The Clerk of the Cabinet shall be responsible for bringing to the attention of the Cabinet any opinion expressed to the Cabinet by the Council of Iroij.