On June 15, the Tenth Circuit ruled 2-1 that the U.S. Constitution does not mandate that persons born in American Samoa be considered U.S. citizens. Fitisemanu v USA, 20-4017. Here is the opinion. Thanks to Thomas Jones for this news.
On June 15, the Tenth Circuit ruled 2-1 that the U.S. Constitution does not mandate that persons born in American Samoa be considered U.S. citizens. Fitisemanu v USA, 20-4017. Here is the opinion. Thanks to Thomas Jones for this news.
American Samoa is the only US territory whose native residences are not US citizens. I see no reason why Congress has not voted to give them citizenship. Their votes certainly won’t change the outcome of any federal election: not even those who have moved to the US.
But, IMO, American Samoa should be given the choice to become an associated state like Micronesia.
They do have a choice. They can move.
What about Puerto Rico? Puerto Ricans are American cutizens as far as I know. How is this different than American Samoa?
Yes, Puerto Ricans are U.S. citizens, as are people born in the U.S. Virgin Islands, Guam, and Northern Mariana Islands. The treatment of people born in American Samoa is completely different from any other place.
Un-Const opine —
At birth ALLEGIANCE via father’s nation-state status.
Place of birth means ZERO – regardless of SCOTUS legal morons.
Soon – births in outer space, on Mars, etc ???
See now olde Star Trek series.
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https://en.wikipedia.org/wiki/American_Samoa
USA – AS machinations.
What makes American Samoa different from other US territories?
Bit more –
When USA took over various areas the legal foreign adults therein were generally given an option to become USA citizens [aka quick naturalization] —
olde NW/SW Terr 1783-1789
LA Terr 1803
FL Terr 1819
Mexican War Terr 1849
etc.
IF not accept option, then their kids became legal USA residents only.
Possible case in Am Samoa for original folks.
Another Donkey State in the making — to get 2 more RED Donkey USA Senators ????
“What makes American Samoa different from other US territories?”
It’s too far away, and too small, for politicians in Washington to care about, essentially.
How the Samoans became US territory is kind of interesting. According to Wikipedia:
“In March 1889, an Imperial German naval force entered a village on Samoa, and in doing so destroyed some American property. Three American warships then entered the Apia harbor and prepared to engage the three German warships found there.[19] Before any shots were fired, a typhoon wrecked both the American and German ships. A compulsory armistice was then called because of the lack of any warships.”
“At the turn of the twentieth century, international rivalries in the latter half of the century were settled by the 1899 Tripartite Convention in which Germany and the United States partitioned the Samoan Islands into two:[20] the eastern island group became a territory of the United States (Tutuila in 1900 and officially Manuʻa in 1904)[21] and is today known as American Samoa”
Andy, it is the US Congress that made that decision.
What was their rationale?
@ Demo Rep:
After the Spanish American War, the US declared all territory outside of the 48 states and Alaska to be “unincorporated” territory, and thus the US Constitution was only applicable in those places to the extent that Congress allowed by law. The laws so passed were called “insular laws” By this principle, all natives born in those places were deprived of US citizenship, unless Congress specified in law that they were eligible for it.
During the entire period that the Philippines were US territory (1898-1946), Filipinos never got a general grant of US citizenship. Filipinos only obtained US citizenship on a case-by-case basis, like all immigrants from outside US territory.
One of the interesting footnotes to the history of the US possession of the Philippines was that Prohibition didn’t apply to the Philippines because they weren’t specified in the Volstead Act, which authorized Prohibition, a requirement of any law passed by Congress, according to the Jones Act, which granted the Philippines a measure of self-government.
What a stupid decision.
The interesting part is that the American Samoa government intervened on the side of the US Government, while the other four insular territories filed amicus on behalf of the plaintiff.
The position of the US government is that only Congress may grant citizenship to persons born in unincorporated territories. The other territories are apparently arguing that US citizenship for their residents is derivative of the Constitution and any congressional action was superfluous.
USA Citizen father >>> USA citizen kid [aka natural born citizen– NBC]
may need DNA test – birth certificates only ASSume any male older guy is the REAL bio-father.
SCOTUS MORONS in 1896 case — same morons who ok’ed total racism in 1896 separate is equal no sense junk case.
LAYERS AND LAYERS OF CONLAW MORONS IN GOVTS, SKOOLS, UNIVS, MEDIA, ETC.
@ Demo Rep:
In fact, quite a few Filipinos claim to have American fathers or grandfathers to get US citizenship. DNA tests practically required for all such applications.
@JR:
One of the unique features of the territorial constitution is that the territorial Senate is elected by native chiefs, and not by popular vote. Perhaps the native chiefs fear that granting US citizenship to the islanders would subject their constitution to US court review, as the 14th amendment would become fully in force.