Governor's executive order on casino gaming faces committee scrutiny over constitutional authority

July 06, 2025 | Senate, Northern Mariana Legislative Sessions, Northern Mariana Islands


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Governor's executive order on casino gaming faces committee scrutiny over constitutional authority
The Northern Marianas Commonwealth Legislature convened on July 6, 2025, to discuss the implications of an executive order issued by the governor concerning the oversight of casino gaming. The meeting focused on the legal authority of the governor as outlined in the NMI constitution, specifically Article 3, subsections 1 and 15, which grant the governor executive powers and the ability to reorganize offices and agencies for efficient administration.

During the session, committee members expressed concerns that the governor may have overstepped his constitutional authority by signing the executive order. The order aims to transfer the responsibilities of the Commonwealth Casino Commission to the Commonwealth Lottery Commission, including the enforcement of casino license agreements. Additionally, it seeks to terminate the statutory duties of the Casino Commission, effectively dissolving its role.

Legal counsel provided insights into the constitutional limitations of the governor's powers, referencing the Supreme Court case Doris v. Commonwealth. This case established that while the governor has broad powers to reorganize the executive branch, he cannot create new entities or agencies, a power reserved for the legislature. The court ruled that the governor's actions in that case, which involved transferring the Commonwealth Utilities Corporation to another department, were unconstitutional as they infringed upon legislative authority.

The committee's review highlighted the importance of adhering to constitutional boundaries in governance. As discussions continue, the committee is expected to further analyze the implications of the executive order and consider potential legal challenges. The outcome of this review could significantly impact the administration of casino gaming in the Commonwealth and the balance of power between the executive and legislative branches.

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