D.C. Circuit Will Hear Case on Citizenship for Samoans on February 9, 2015

The U.S. Court of Appeals, D.C. circuit, will hear Tuaua v USA, 13-5272, on February 9, 2015. This is the case over whether persons born in American Samoa are constitutionally entitled to be U.S. citizens, without having to go through the naturalization process. Some of the plaintiffs now live in one of the fifty states, but they are not permitted to vote if they haven’t gone through naturalization. Over the years, Congress by statute has authorized citizenship for the residents of other U.S. overseas possessions, but has never taken that step for American Samoa.

Eni Faleomavaega, the Delegate to the U.S. House from American Samoa when this case was filed, had intervened in the lawsuit in support of the status quo. However, he was defeated for re-election on November 4, 2014. Here is an article about his election defeat. The new Delegate is Aumua Radewagen.


Comments

D.C. Circuit Will Hear Case on Citizenship for Samoans on February 9, 2015 — 5 Comments

  1. I know and understand why people all over the world would love to have U.S. citizenship. For those of us who either through fate or by the Hand of God were allowed to be born here, it is a honor which often is taken for granted, and often abused.

    While American Samoa may be a small and of few people, if we have made a commitment to them for their protection, I feel they should be offered and given citizenship. It is not like they are swimming the Pacific Ocean to reach our shores.

    While they have only a non-voting delegate to Congress, we do have to ask ourselves, at what point do we stop offering citizenship to people all over the world? I know, the words embodied with of the Statute of Liberty: “Give me your tired, your poor, Your huddled masses yearning to breathe free,
    The wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed, to me: I lift my lamp beside the golden door.”

    I believe in the truths of those words. But it is also to our safety and welfare, that those who would be described by those words are always our friend, and not our foe. I like to feel this is not a biased or bigoted thought, but one which cares that our nation remain one that remains anchored on those principles that has kept us a free republic for so long.

    And, since this blog is about election rights and ballot access, I trust that citizens of the remaining 50 states will have access to the ballot for its people, as the people of American Samoa does. Also, I must point out – notwithstanding her political affiliation – that determination and continuing to run until victory is achieved is what it takes even for 3rd partisans and Independents.

  2. There is nothing that would prevent American nationals who are citizens from voting in elections. Since most of the American Samoans live in Hawaii and California, it would take simple legislation to give them voting rights.

  3. For over 20 years, getting Congress to pass legislation making American Samoans citizens was stymied by the Delegate to the US House from American Samoa. But now that he is gone, maybe that will make a difference.

  4. Strange that their own Delegate would stop attempts to make them citizens – especially since I assume this former Delegate was a Democrat.

    On a more positive fantasy world note, wouldn’t it be nice if there was federal legislation which says a 3rd party whose House candidates polls at least a total of 1% of votes equal to all votes for U.S. House candidates would be entitled to a non-voting Delegate in Congress.

    That would mean, for 2014, if the total of all Libertarian Party House candidates totalled around 810,000 votes, they would be entitled to a non-voting Delegate in the House. Such Delegate would be selected by the Libertarian National Committee.

    And it would be fair, since most major parties House candidates do not receive nearly half that many votes. Maybe this is something the Libertarian Party ought to look into as a bill being introduced.

    What do you think, Richard?

  5. The mess is partly due to SCOTUS — related to the imperialist 1898 Spanish American WAR –
    takeover of various Spanish colonies by the USA regime.

    See the Insular Cases by SCOTUS.

    Thus A.S. is perhaps the last of the de facto slave colonies.

    Note 14th Amdt, Sec. 1 — do A.S. folks have *allegiance* to the USA Const ???*//*/

    P.R. and nonpartisan App.V.

    How about merge all the Pacific Ocean area with HI ???

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