At its October 14 conference, the U.S. Supreme Court considers whether to hear Fitisemanu v U.S., 21-1394. This is the case over whether the language of the Fourteenth Amendment means that persons born in American Samoa are citizens, even if they don’t go through the naturalization process. The case was brought in Utah by a Samoan-born adult who wanted to register to vote in Utah, where he lives. He was denied the ability to register to vote because he was born in American Samoa.
The Fourteenth Amendment says, “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.” However, Congress passed a law long ago that says they are not citizens, unless they go through naturalization. They are only U.S. “nationals.” They do have U.S. passports.
No news about the U.S. Supreme Court action will be available until Monday, October 17, at the earliest. The Court might ponder the case but make no decision for a while.
Overturning the Insular Cases could have unintended consequences.
For instance, millions of Filipinos could acquire US citizenship retroactively.
Only if they were born before 1946.
14-1 AMDT — subject to the jurisdiction thereof — ALLEGIANCE
NBC — ALLEGIANCE at birth via father’s nation-state status.
Naturalization — change in nation-state ALLEGIANCE AFTER birth.
LEGAL foreign citizens residing in USA – kids born are foreigners.
Generally – legal foreign adults were given option to become naturalized USA Citizens — as areas were added to USA —
1783 USA -Brit Peace Treaty
1803 LA Purchase
1819 Florida Treaty
1848 MEX-Am Treaty
etc.
Likely various folks need to be naturalized retro-actively- to be USA Citizens.
Too many SCOTUS conlaw MORONS to count since 1789/1868 about nation-state 101 stuff.
You do realize Samoa and American Samoa are different right? Your headline is misleading.
“Only if they were born before 1946.”
Any of their children might be able to claim derivative citizenship.
Anyway, Congress an dodge this bullet very easily by granting American Samoans US citizenship. It’s the only current territory for which they have not done this. Their population within the US is so small and spread out, that it is doubtful that their votes would have a significant impact on any federal election.
ANY American Indians claiming to be Brit / Dutch / French / Spanish citizens ???
after such olde regimes invaded / occupied parts of N. America in 1492-1776 ???
Walter, American Samoa doesn’t want citizenship. if they had it their tribal Senate would likely be ruled unconstitutional
21-1394
Cert Den 17 Oct 2022
@ Dane
To be precise, its the tribal elites who don’t want it.
Ordinary Samoans might feel differently. Certainly, those who live in the US seem not concerned about the consequences for the elites in the Samoan Senate.