Revised Constitution of American
Samoa
Article
I
Bill
of Rights
Section
1. Freedom of religion, speech,
press, rights of assembly and petition.
2. No deprivation of life, liberty or property without due process.
3. Policy protective legislation.
4. Dignity of the individual.
5. Protection against unreasonable searches and
seizures.
6. Rights of an accused.
7. Habeas corpus.
8. Quartering of militia.
9. Imprisonment for debt.
10. Slavery prohibited.
11. Treason.
12. Subversives
ineligible to hold public office.
13. Retroactive laws and bills of attainder.
14. Health, safety, morals and general welfare.
15. Education.
16. Unspecified rights and privileges and immunities.
Article II
1. Legislature.
2. Membership.
3. Qualification of members.
5. Elections.
6. Term
of office
7. Qualifications of
electors.
8. Legislative sessions.
10. Passage of bills.
11.
Powers of each house
12. Freedom from arrest.
13. Vacancies.
14.
Public sessions.
15. Reading—Passage of bills.
17. Amendments and revisions by reference.
18. Appointment to new offices.
19. Effective date of laws.
20. Legislative counsel.
21. Quorum.
22. Qualifications and officers.
23. Adjourning Legislature.
24. Special or exclusive privileges not to be
granted; local or special laws.
25. Compensation of the Legislature.
Judicial Branch
1. Judicial power.
2. Independence of the courts.
3. Appointments.
1. Appointments.
2. Governor.
3. Secretary.
4. Secretary of Samoan Affairs.
5. Militia and posse comitatus.
6. Executive regulations.
7. Supervision and control by Governor.
8. Annual report.
9. Pardoning power.
10. Recommendation of laws.
11. Appointment of officials.
12. Removal of officers; powers and duties of
officers.
13. Publication of laws.
Article V
Miscellaneous
1. Officers.
2. Existing laws.
3. Amendments.
4. Revision of the Constitution.
5. Existing rights and liabilities.
6. Oaths.
7. Construction.
8. Provisions self-executing.
9. Seat of Government.
10. Political districts and counties.
11. Effective date.
Whereas
the Congress of the United States, in its Act of February 20, 1929, provided
that until the Congress shall provide for the Government of the islands of
American Samoa, all civil, judicial, and military powers shall be vested in
such person or persons and exercised in such manner as the President of the
United States shall direct; and
Whereas
by Executive Order No. 10264 the President of the United States directed that
the Secretary of the Interior should take such action as may be necessary and.
appropriate and in harmony with applicable law, for the administration of civil
government in American Samoa; and
Whereas
it is appropriate that, in the process of developing self-government, the
people of American Samoa should enjoy certain rights and responsibilities
inherent in the representative form of government; and
Whereas
it is desirable that these rights and responsibilities be clearly set forth in
a Constitution, and the adoption of a Constitution is in harmony with
applicable law; and
Whereas
the Constitution adopted in 1960 provided for a revision thereof:
Now,
therefore, this revised Constitution, having been ratified and approved by the
Secretary of the Interior and having been approved by a Constitutional
Convention of the people of American Samoa and a majority of the voters of
American Samoa voting at the 1966, election, is established to further advance
government of the people, by the people, and for the people of American Samoa.
Article I
Section 1. Freedom of religion, speech, press, rights of assembly and
petition.
There shall be separation of
church and government, and no law shall be enacted respecting an establishment
of religion or prohibiting the free exercise thereof; or abridging the freedom
of speech or of the press, or the right of the people peaceably to assemble,
and to petition the Government for a redress of grievances.
Case notes:
Blanket imposition of religious programs on unconsenting inmate
violates establishment and freedom of religion clauses of both federal and
territorial constitutions. U.S. Const. Amend. I; Rev'd Const. Am. Samoa Art.
I, §1. American Samoa Government v. Agasiva, 6
A.S.R.2d 32 (1987).
The power to govern a
congregational church vests in the whole congregation, or in persons or
entities which the majority of the congregation may select as the governing
authority for general or particular purposes.
U.S. const. Amend. I; Rev. const. Am. Samoa Art. I, § 1. Lefiti v. Tauanu'u, 24 A.S.R.2d 68 (1993).
When the identity of the governing authority or authorities
within a church is substantially at issue, civil courts must refrain from
delving into ecclesiastical laws and practices that may be paramount to
resolving the controversy. U.S. const.
Amend. I; Rev. Const. Am. Samoa Art. I, § 1. Lefiti v. Tauanu'u, 24
A.S.R.2d 68 (1993).
Section 2. No deprivation of life, liberty or property without due
process.
No person shall be deprived of
life, liberty, or property, without due process of law, nor shall private
property be taken for public use without just compensation.
Amendments:
1967 Section formerly provided for payment of compensation “before” the
taking of property and for reversion to owner after 3 years of non-user. H.C.R.
No. 45, 10th Leg. 1st Spec. Sess., requested Secty. of Int. to revise the
section to its present form. This was done at the time of ratification and
approval on June 2, 1967.
Case
Notes:
Due process clause does not
require jury trial; however the Chief Justice may so provide by rule. Pelesasa
V. Te’o, ASR (1978).
Substantive due process is a
fundamental right as such must be accorded litigants, nurses suspended by
Personnel Advisory Board. Reed v. Personnel Advisory Board, ASR (1977).
Argument that license was
"revoked" without procedural due process was unfounded where evidence
shows license was never granted. Am.
Samoa. Const. Art. I § 2. Ferstle v. American Samoa Government, 7
A.S.R. 2d 26 (1988).
Procedural due process
requirements are not fixed, but vary with circumstances and particular demands
of the case; however, some sort of notice and hearing is required before and
individual is finally deprived of a property interest. Am.
Samoa. Const. Art. I § 2.
Ferstle v. American Samoa Government, 7 A.S.R. 2d (1988).
Notice and hearing afforded to
satisfy procedural due process need not be full judicial hearing. Am. Samoa. Const. Art. I § 2. Ferstle v. American Samoa Government, 7
A.S.R.2d 26 (1988).
To satisfy requirement of
procedural due process, opportunity to be heard must be granted at a meaningful
time and in a meaningful manner, but need not always be granted prior to the
initial deprivation of property.
Am. Samoa. Const. Art.
I § 2. Ferstle v. American Samoa Government, 7 A.S.R.2d 26 (1988).
Ordinarily, due process is
satisfied by proceedings less than a full evidentiary hearing prior to adverse
administrative action, and the sufficiency of such proceedings is to be
determined in light of 1) the private interest that will be affected by the
official action, 2) the risk of an
erroneous deprivation of the interest through the procedures used and the
probable value, if any, of additional or substitute procedural safeguards, and
3) the government's interest, including the function involved and the fiscal
and administrative burdens that the additional or substitute procedural requirement
would impose. Am. Samoa. Const. Art. I § 2.
Ferstle v. American Samoa Government, 7 A.S.R. 2d 26 (1988).
Procedural due process is
satisfied by piecemeal proceedings wherein parties were advised of the required
showing, the proofs were considered promptly by the regulating agency, parties
were advised of the agency's findings of insufficiency, parties submitted
further proofs which agency considered and again advised parties that such
proof was insufficient but did not issue a denial and remained open to further
submission of proofs. Am. Samoa. Const.
Art. I § 2. Ferstle v. American Samoa Government, 7 A.S.R.2d 26 (1988).
Due process requirements of
notice and opportunity to be heard are not triggered until adverse
administrative action constituting a "final" deprivation of property
has taken place. Am. Samoa. Const. Art.
I § 2. Ferstle v. American Samoa
Government, 7 A.S.R. 2d 26 (1988).
Recurring and intentionally
dilatory tactics by agency may constitute "final" action sufficient
to trigger due process requirements of notice and hearing. Am. Samoa. Const. Art I § 2. Ferstle v. American Samoa Government, 7
A.S.R.2d 26 (1988).
The expected benefit of a
license which issues subject to articulated standards of qualification is a
property interest giving rise to due process protection, although not to the
full range of pre-deprivation
procedural protections applicable to entitlements that are less
contingent than the expectation of a license.
Am. Samoa. Const. Art. I
§ 2. Ferstle v. American Samoa Government, 7 A.S.R.2d 26 (1988).
Because in most cases
licensing will be a straightforward process, quasi-judicial evidentiary hearing
in all licensing proceedings would needlessly increase government expenditures
and such hearings are required only where the proposed action on a license
application will be final. Am. Samoa.
Const. Art. I § 2., A.S.C.A. § 31.1508. Ferstle v. American Samoa Government, 7
A.S.R. 2d 26 (1988)
A "taking" of
property by ASG requires it to provide just compensation. U.S. Const. Amend. V; Rev. Const.
Am. Samoa art. I, § 2. Solomona
v. Governor of American Samoa, 17 A.S.R.2d 186
(1990).
A land use regulation may
effect a constitutional taking if it fails to "substantially advance
legitimate state interests" or "denies an owner economically viable
use of his land. "U.S. Const.
Amend. V; Rev. Const. Am.
Samoa art. I, § 2.
Solomona v. Governor of American Samoa, 17 A.S.R.2d 186 (1990).
Coastal zone regulations might
effect a taking, and thus require compensation to the landowner, if they
effectively prohibit any "economically viable" use of private property. U.S. Const. Amend. V; Rev. Const. Am. Samoa Art. I, § 2. Solomona v. Governor or American Samoa, 17
A.S.R.2d 186 (1990).
No. "taking" occurs
when government merely restrains property uses which are tantamount to public
nuisances. U.S. Const.
Amend. V; Rev. Const. Am.
Samoa, 17 A.S.R.2d 186 (1990).
In some cases, such as when an
illegal sentence was pronounced on a defendant unrepresented by counsel or when
the circumstances surrounding an error of
law made it impossible for counsel to call it to the Court's attention
within ten days, a statutory ten day limit might amount to an unconstitutional
denial of liberty without due process of law.
U.S. Const. Amends. V, XIV; Revised Const. of American Samoa Government v. Falefatu, 17 A.S.R.2d 114
(1990).
Requiring criminal counsel to
serve without compensation is generally not an unconstitutional taking of
property without just compensation.
U.S. Const. Amend. V; Rev. Const. Am.
Samoa Art. I, § 2. American
Samoa Government v. Wilson 23 A.S.R.2d 159 (1993).
In order to have a cognizable
claim for deprivation of procedural due process, one must first possess a
"liberty" or "property" interest in the government action
complained of. Am. Samoa. Const. Art. I
§ 2. Ferstle v. American Samoa Government, 7 A.S.R.2d 26 (1988).
The expected benefit of a
license which issues subject to articulated standards of qualification is a property
interest giving rise to due process protection, although not to the full range
of pre-deprivation procedural protections applicable to entitlements that are
less contingent than the expectation of a license. Am. Samoa. Const. art. I § 2.
Ferstle v. American Samoa Government, 7 A.S.R.2d 26 (1988).
Provisions of territorial
constitution prohibiting deprivation of life, liberty, or property without due
process of law prohibits prosecution from suppressing any evidence favorable to
an accused where the evidence is material either to guilt or punishment. Rev'd Const. Am. Samoa Art. I § 2.
American Samoa government v. Talamoa, 19 A.S.R.2d 14 (1989).
General request by defense
counsel for any evidence in the possession of the prosecution that might tend
to exculpate the defendant was within the scope of rule prohibiting suppression
of material evidence favorable to the accused.
Rev'd Const. Am. Samoa Art. I § 2.
American Samoa Government v. Talamoa, 10 A.S.R.2d 14 (1989).
The right of a family member
to use communal land is a proprietary right within the due process clause of
the territorial constitution.
Rev'd Const. of Am. Samoa I § 2. Lutu v. Taesaliali'i, 11 A.S.R.2d 80 (1989).
The right of a family member
to use land owned by a Samoan communal family is a property right protected by
the territorial constitution's due process clause. Rev. Const. Am. Samoa
Art. I, § 2. Seventh Day Adventist
Church of American Samoa v. Maneafaiga, 23 A.S.R.2d 150 (1993).
Though the Immigration Board's
documents are confidential by statute, this statute may not be used to deny
constitutionally guaranteed due-process rights, nor does it prohibit the court
from ordering the Attorney General to produce these records when needed. U.S. constitution Amend. V; Rev. Const.
Am. Samoa Art. I, § 2; A.S.C.A. § 41.0307. Farapo v. American Samoa Government, 23 A.S.R. 2d 136 (1993).
A non-capital criminal
defendant is not constitutionally or procedurally entitled to a list of the
prosecution's prospective witnesses.
U.S. Const. Amend. V; Rev. Const. Am. Samoa Art. I, § 2;
T.C.R.Cr.P. 16 (a) (2). American Samoa Government v. Wilson, 24
A.S.R.2d 26 (1993).
An alien in a deportation
proceeding is entitled to cross-examine the government's witnesses, and an improper
curtailment of this right constitutes a violation of procedural due
process. U.S. Constitution Amend. V; Rev. Const. Am. Samoa Art. I, § 2;
A.S.C.A. § 41.0250(7)( c );
A.S.A.C. § 41.0807( a ).
Farapo v. American Samoa Government, 23 A.S.R.2d 136 (1993).
Section 3. Policy protective legislation.
It shall be the policy of the Government of American Samoa to
protect persons of Samoan ancestry against alienation of their lands and the
destruction of the Samoan way of life and language, contrary to their best
interests. Such legislation as may be necessary may be enacted to protect the
lands, customs, culture, and traditional Samoan family organization of persons
of Samoan ancestry, and to encourage business enterprises by such persons. No
change in the law respecting the alienation or transfer of land or any interest
therein shall be effective unless the same be approved by two successive
legislatures by a two-thirds vote of the entire membership of each house and
by the Governor.
Case
Notes:
Territory has compelling
interest in preserving the lands of Samoa for Samoans; laws in conflict with
U.S. not displaced.
Craddick v. Territorial Registrar, ASR (1979).
Under Constitution of American Samoa the
Legislature, and particularly the Senate which is composed of traditional
chiefs chosen according to Samoan custom, has a peculiar relationship to the
preservation of land and culture. Rev.
Const. of Am. Samoa Art. 1§ 2, Art. II
§ 4. Tuika Tuika v. Governor of
American Samoa, 4 A.S.R.2d 85 (1987).
Cross-References:
Government policy to protect
persons against alienation of their lands.
Treaty of Cession of Tutuila
and Aunu’u.
US. obligated to protect
Samoan property rights.
14th Amendment, US. Constitution.
Section 4. Dignity of the individual.
The dignity of the individual
shall be respected and every person is entitled to protection of the law
against malicious and unjustifiable public attacks on the name, reputation, or
honor of himself or of his family.
Section 5. Protection against unreasonable searches and seizures.
The right of the people to be
secure in their persons, houses, papers and effects, against unreasonable
searches and seizures, shall not be violated, and no warrants shall issue, but
upon probable cause, supported by oath or affirmation, and particularly describing
the place to be searched, and the persons or things to be seized. Evidence
obtained in violation of this section shall not be admitted in any court.
Case Notes:
Pervasively regulated businesses, which have long been subjected
to close inspection and supervision, such as barbershops, may in proper
circumstances be subjected to warrantless search. Am. Samoa. Const. Art. I
§ 5. Ferstle v. American Samoa Government, 7 A.S.R.2d 26
(1988).
Reflecting
the "ancient common-law rule" that an officer may make a warrantless
arrest if reasonable grounds of a felony's commission exist, even if it
occurred outside of his presence, a warrantless arrest is not invalid merely
because a warrant could have been obtained but was not. U.S. Const.
Amend. IV; Rev. Const. Am. Samoa
Art. I, § 5. American Samoa Government
v. Gotoloai, 23 A.S.R.2d 65 (1992).
Reflecting
the common-law rules, the exceptions to American Samoa's arrest-warrant
requirement include arrests of felony suspects near a crime scene shortly after
a crime's commission, arrests for misdemeanors and felonies committed in an
officer's presence, and arrests based on "reasonable grounds" that a
felony or breach of the peace has been committed. U.S. Const. Amend. IV; Rev. Const. Am. Samoa Art. I, § 5; A.S.C.A. §§ 46.0801 et seq.
American Samoa Government v. Gotoloai, 23 A.S.R.2d 65 (1992).
The
meaning of statutory provisions generally requiring an arrest warrant must be
ascertained in light of the purpose of promoting efficient law enforcement,
while protecting individual rights, and of the traditional and almost universal
practice of warrantless arrests. U.S.
Const. Amend. IV; Rev. Const. Am. Samoa Art. I, § 5; A.S.C.A. §§ 46.0801 et
seq. American Samoa Government v. Gotoloai, 23 A.S.R. 2d 65 (1992).
Evidence
obtained from an illegal search and seizure is inadmissible, not only in
criminal proceedings but also in probation revocation proceedings. Rev'd Const. Am. Samoa Art. I § 5. American Samoa Governmental v. Peni Samana,
8 A.S.R.2d 1 (1988).
Search and seizure clause of territorial
constitution requires an independent finding of probable cause by a neutral and
detached magistrate Rev'd Const. Am. Samoa Art. I, § 5. In
re Siaumau, 12 A.S.R.2d 11 (1989).
In
making an independent judicial finding
of probable cause for a search, the judge may not rely merely on the
prosecutor's decision to file a complaint.
Rev'd Const. Am. Samoa Art. I, §
5. In re Siaumau, 12 A.S.R.2d 11 (1989).
Judge
may independently find adequate basis for probable cause in a criminal
complaint, which not only contains directly incriminating information but also
identifies the source of such information.
Rev'd Const. Am. Samoa Art. I, §
5. In re Siaumau, 12 A.S.R.2d 11
(1989).
Factual
allegations given their common sense meaning may be sufficient to constitute
probable cause for certain crimes.
Rev'd Const. Am. Samoa Art. I, § 5.
In re Siaumau, 12 A.S.R.2d 11 (1989).
Criminal
complaint containing factual allegations of complainant officer and sources
upon which the officer based such allegations, including personal investigation
with interviews of identified victim, eyewitness, and treating physician, was
sufficient to sustain independent judicial finding of probable cause. Rev'd Const. Am. Samoa Art. I, § 5. In
re Siaumau, 12 A.S.R.2d 11 (1989).
A
warrantless arrest is improper if the government does not present evidence on
which a court may judge "reasonableness." Rev. Const. Am. Samoa
Art. I, §5. American Samoa Gov't v.
Sefo, 21 A.S.R.2d 32 (1992).
Although
the time differential and intervening circumstances may sever the relationship
between an illegal arrest and a confession, the culpability of the police does
not abrogate the application of the territorial constitution's exclusionary
rule. Rev. Const. Am. Samoa Art. I, §
5. American Samoa Gov't v. Sefo, 21
A.S.R.2d 32 (1992).
Merely
giving Miranda warnings is insufficient to constitute an "intervening
circumstance" severing the causal relationship between an illegal arrest
and a confession, and such a confession must be suppressed. Rev. Const. Am. Samoa Art. I, § 5.
American Samoa Gov't v. Sefo, 21 A.S.R.2d 32 (1992).
Generally,
an arrest, whether with or without a warrant, must be supported by probable
cause. Rev. Const. Am. Samoa Art. I, §
5; A.S.C.A. § 46.0805(3). American
Samoa Gov't v. Luki, 21 A.S.R.2d 82 (1992).
A
confession will be supported if the government fails to meet its burden of
showing that probable cause for a warrantless arrest existed when it was
made. Rev. Const. Am. Samoa Art. I, §
5; A.S.C.A. § 46.0805(3). American Samoa Gov't v. Luki, 21 A.S.R.2d 82
(1992).
Arrests and searches are treated differently because "unreasonable
search and arrest" provisions are concerned with restricting the use of
general search warrants, not with prohibiting warrantless felony arrests; as
such, warrantless arrests are permissible if supported by probable cause. U.S. Const. Amend. IV; Rev. Const. Am. Samoa
Art. I, § 5; A.S.C.A. §§ 46.0801 et seq.
American Samoa Government v. Gotoloai, 23 A.S.R.2d 65 (1992).
Section 6. Rights of an
accused.
No person shall be subject for the same offense to be twice put in
jeopardy of life or liberty; nor shall he be compelled in any criminal case to
be a witness against himself; and the failure of the accused to testify shall
not be commented upon nor taken against him. In all criminal prosecutions, the
accused shall have the right to a speedy and public trial, to be informed of
the nature and the cause of the accusation and to have a copy thereof; to be
confronted with the witnesses against him, to have compulsory process for obtaining
witnesses in his favor, and to have the assistance of counsel for his defence.
Every man is presumed innocent until he is pronounced guilty by law, and no act
of severity which is not reasonably necessary to secure the arrest of an
accused person shall be permitted. All persons shall be bailable by sufficient
sureties except where the judicial authorities shall determine that the
presumption is great that an infamous crime, which term shall include murder
and rape, has been committed and that the granting of bail would constitute a
danger to the community. Bail shall be set by such judicial authorities.
Excessive bail shall not be required, nor excessive fines imposed nor cruel or
unusual punishments inflicted.
Case
Notes:
Delay In setting trial is
violative.
Government of American Samoa
v. Tapusoa, ASR (1979).
“Double jeopardy” protection
not violated where crime for which defendant pled guilty and was convicted, was
considered a different offense rather than a lesser included part of seine
offense. A.S.G. v. Moafanua, 4 ASR 2d 33 (1987).
Right to public trial not
violated where courtroom cleared during testimony of juvenile victim in rape
case where such exclusion was requested by victim to avoid describing sexual
acts in front of family members. A.S.G. v. Masaniai, 4 ASR2d 156 (1987) (mem).
As officers of the court,
members of the bar may be appointed, without compensation if necessary, as
counsel to insure that indigent criminal defendants receive legal representation. Rev. Const. Am. Samoa Art. 1 § 6.
A.S.C.A. §§ 46.0502(2), 46.1001.
American Samoa Government v. Wilson, 23 A.S.R.2d 159 (1993).
Right to effective assistance
of counsel applies in American Samoa.
Am. Samoa Rev. Const. art I, § 6; A.S.C.A. §§ 46.0502, 46.1001. Suisala v. Moaali'itele, 6 A.S.R.2d 15
(1987).
There is no fixed formula for
determing when the right to a speedy trial has been violated; each case must be
determined on its own facts. Rev.
Const. Am. Samoa, art. 1§ 6. Pene v. American Samoa Government, 12 A.S.R.2d 43
(1989).
Relevant factors in
determining if right to speedy trial violated include the length of delay, the
reasons for the delay, whether defendant demanded trial, and the prejudice to
defendant resulting from delay. Rev'd
Const. Am. Samoa, art. 1§ 6. Pene v.
American Samoa Government, 12 A.S.R.2d 43 (1989).
Defendant's
right to speedy trial was not violated, even though the delay was over a year
and a prompt trial had been demanded, where the reasons for the delay were substantial,
including the need to entertain and grant motions to quash many subpoena
inappropriately issued by defendant and also to conduct competency
examinations; and where defendants was not substantially prejudiced by the
delay, as he was not incarcerated and the documentary nature of the evidence
minimized the danger of fading memories.
Rev. Const. Am. Samoa, art. 1 § 6. Pene v. American Samoa Government, 12
A.S.R.2d 43 (1989).
For double-jeopardy purposes,
a crime is a separate offense and not a lesser-included offense if each statutory provision requires proving a
fact which the other does not.
U.S. Const. Amend. V; Rev. Const. Am. Samoa Art. I, § 6.
American Samoa Government v. Fealofa'i, 24 A.S.R.2d 10 (1993).
The entire record, and not
simply the information or indictment, is scrutinized in a double-jeopardy
challenge. U.S. Const. Amend. V; Rev. Const. Am. Samoa Art. I, § 6. American Samoa Government v.
Meleisea, 24 A.S.R.2d 32 (1993)
Section 7. Habeas corpus.
The writ of habeas corpus
shall be granted without delay and free of costs. The privilege of the writ of
habeas corpus shall not be suspended except by the Governor and then only when
the public safety requires it in case of war, rebellion, insurrection or invasion.
Section 8. Quartering of militia.
No soldier or member of the
militia shall, in time of peace, be quartered in any house without the consent
of the owner or the lawful occupant, nor in time of war, except in a manner
prescribed by law. The military authority shall always be subordinate to the
civil authority in time of peace.
Section 9. Imprisonment for debt.
There shall be no imprisonment
for debt except in cases of fraud.
Section 10. Slavery prohibited.
Neither slavery, nor
involuntary servitude, except as a punishment for crime whereof the party shall
have been duly convicted, shall exist in American Samoa.
Section 11. Treason.
Treason against the Government of American Samoa shall consist only in
levying war against it, adhering to its enemies, or giving them aid and
comfort. No person shall be convicted of treason except on the testimony of two
witnesses to the same overt act, or a confession in open court.
Section 12. Subversives ineligible to hold public office.
No person who advocates, or
who aids or belongs to any party, organization, or association which advocates
the overthrow by force or violence of the Government of American Samoa or of
the United States shall be qualified to hold any public office of trust or
profit under the Government of American Samoa.
Section 13. Retroactive laws and bills of attainder.
No bill of attainder, ex post
facto law. nor any law impairing the obligation of contracts shall be passed.
Section 14. Health, safety, morals and general welfare.
Laws may be enacted for the
protection of the health, safety, morals and general welfare, of the people of
American Samoa.
Section 15. Education.
The Government shall operate a
system of free and non-sectarian public education. The government will also encourage
qualified persons of good character to acquire further education, locally and
abroad, both general and technical, and thereafter to return to American Samoa
to the end that the people thereof may be benefited.
Section 16. Unspecified rights and privileges and immunities.
The enumeration of certain
rights in this Constitution shall not be construed to impair or deny other
rights retained by the people. No law shall be made or enforced which shall
abridge the privileges or immunities of the citizens of American Samoa.
Case
Notes:
Territorial
constitution contains no equal protection clause. Rev. Const. Am. Samoa
art. I. American Samoa
Government v. Macomber, 8 A.S.R.2d 182 (1988).
Where promulgators
of territorial constitution omitted equal protection clause, it would be
inappropriate for judicial branch to construe some other constitutional
provision to include an unwritten equal protection clause of the federal
constitution. Rev. Const. Am. Samoa
art. I. American Samoa Government v.
Macomber, 8 A.S.R.2d 182 (1988).
Article II
Section I. Legislature. There shall be a Legislature
which shall consist of a Senate and House of Representatives. The Legislature
shall have authority to pass legislation with respect to subjects of local
application, except that:
(a) No such legislation may be
inconsistent with, this Constitution or the laws of the United States
applicable in American Samoa;
(b) No such legislation may
conflict with treaties or international agreements of the United States;
(c) Money bills enacted by the
Legislature of American Samoa shall not provide for the appropriation of funds
in excess of such amounts as are available from revenues raised pursuant to the
tax laws and other revenue laws of American Samoa. Prior to his final
submission to the Secretary of the Interior of requests for Federal funds necessary for the
support of governmental functions in American Samoa. the Governor shall prepare
a preliminary budget plan. He shall submit such plan to the Legislature in
joint session for its review and approval with respect to such portions as
relate to expenditures of funds proposed to be appropriated by the Congress of
the United States. Amended 1971, S.J.R. No.4, effective March 19, 1971.
(d) Legislation involving the
expenditure of funds other than as budgeted shall include revenue measures to
provide the needed funds.
Amendments: 1971 SJ.R. No. 4, 11th Leg.
2nd Reg. Sess., in paragraph (c), at end of the sentence, deleted the words
“but excluding therefrom such income as is derived from user charges or service
related reimbursements to the Government of American Samoa which is segregated
for the use of the activity to which such charges or reimbursements are
related”; in present last sentence the word “approval” following “review and”
was substituted for the word “recommendation”; the former last sentence was
deleted, it read: “With respect to such portions of the preliminary budget
plan, the Governor shall adopt such recommendations of the Legislature as he
may deem appropriate, but he shall transmit to the Secretary all recommendations
he has not adopted”.
Case
Notes:
Subject to supervision in its
exercise, the Legislature of American Samoa has been delegated unimpaired
power, through the executive branch of the federal government, to give territorial
courts authority to sit in admiralty and, as a consequence, to entertain in rem
actions and provide procedures for arresting vessels or other property which is
the subject of a maritime action. Vessel Fijian Swift v. Trial Division, High
Court of American Samoa, 4 ASR. 983 (1975).
Territorial laws which are
inconsistent with applicable U.S. laws violate the territorial constitution,
which in turn was promulgated under the authority of the U.S. Secretary of the
Interior. Rev. Const. Am. Samoa Art.
II, § 1(a), Art. V, § 11. Alamoana
Recipe Inc. v. American Samoa Government, 24 A.S.R.2d 156 (1993).
Section 2. Membership. The Senate shall consist of eighteen members, three
from the Manu’a District, six from the Western District, and nine from the
Eastern District.
The House of Representatives shall consist of twenty
members elected from the following representative districts, the number of
representatives from each of the districts to be as indicated:
Representative District No. 1,
composed of Ta’u, Fitiuta
and Faleasao, ) two representatives;
Representative District No. 2,
composed of Ofu, Olosega
and Sili, ) one representative;
Representative District No. 3,
Vaifanua — composed of
the Villages of Alao, Aoa,
Onenoa, Tula and Vatia, ) one representative;
Representative District No. 4,
Saole — composed of the
Villages of Aunuu, Amouli,
Utumea and Alofau, ) one representative;
Representative District No. 5,
Sua No. 1 — composed of
the Villages of Fagaitua,
Amaua, Auto, Avaio, Alega,
Aumi and Laulii, ) one representative;
Representative District No. 6,
Sua No. 2 — composed of
the Villages of Sailele,
Masausi, Masefau and Afono, ) one representative;
Representative District No. 7,
Ma’uputasi No. 1 —
composed of the Villages of
Fatumafuti, Fagaalu and Utulei) one
representative;
Representative District No. 8,
Ma’uputasi No. 2 —
composed of the Village of
Fagatogo, ) one representative;
Representative District No. 9,
Ma’uputasi No. 3 —
composed of the Village of
Pago Pago, ) one representative;
Representative District No.
10, Ma’uputasi No. 4 —
composed of the Villages of
Satala, Atuu and Leloaloa, ) one representative;
Representative District No.
11, Ma’uputasi No. 5 —
composed of the Village of
Aua, ) one representative;
Representative District No.
12, Ituau — composed of the
Villages of Nu’uuli Fagasa,
Matuu and Faganeanea, ) two representatives;
Representative District No.
13, Fofo — composed of the
Villages of Leone and Auma, ) one representative;
Representative District No.
14, Lealataua — composed of
the Villages of Fagamalo,
Fagalii, Poloa, Amanave,
Failolo, Agagulu Seetaga, Nua,
Atauloma, Afao, Amaluia
and Asili, ) one representative;
Representative District No.
15, Ma’upu — composed of
the Villages of Tafuna,
Mesepa; Faleniu, Mapusaga Fou,
Pavaiai, lull and Vaitogi, ) two representatives;
representative District No.
16, Tualatai- composed of the
Villages of Futiga,
Ituau(Malaeloa), Taputimu and Vailoatai) one
representative;
Representative District No.
17, Leasina — composed of
the Villages of Aitulagi
(Malaeloa), Aoloau and Asu. ) one representative.
Senators and representatives
shall be reapportioned by law at intervals of not less than 5 years. The adult
permanent residents of Swains Island who are United States nationals may elect
at an open meeting a delegate to the House of Representatives who shall have
all the privileges of a member of the House except the right to vote.
Section 3. Qualifications of members.
A Senator shall;
(a) be a United States
National;
(b) be at least 30 years of
age at the time of his election;
(c) have lived in American Samoa at least 5 years
and have been a bona fide resident thereof for at least 1 year next preceding
his election; and
(d)
be the registered matai of a Samoan family who fulfills his obligations
as required by Samoan custom in the county from which he is elected.
A Representative shall;
(a) be a United States
National;
(b) be at least 25 years of
age at the time of his election; and
(c) have lived in American
Samoa for a total of at least 5 years and have been a bona fide resident of the
representative district from which he is elected for at least 1 year next preceding
his election.
A delegate from Swains Island
shall have the qualifications of a Representative except that in lieu of
residence in a representative district, he shall have been a bona fide resident
of Swains Island for at least one year next preceding his election.
No person who shall have been
expelled from the Legislature for giving or receiving a bribe or being an
accessory thereto, and no person who shall have been convicted of a felony
under the 1aws of American Samoa, the United States, or the laws of any state
of the United States, shall sit in the Legislature, unless the person so convicted
shall have been pardoned and have had his civil rights restored to him.
No employee or public officer
of the Government shall be eligible to serve in the Legislature while holding
such position. The prohibition contained herein shall become effective on July
1, 1971. Amended 1971, S.J.R. No.3, approved by Secretary of the Interior,
March 19, 1971.
Amendments: 1971 S.J.R. No. 3, 11th Leg. 2nd Reg. Sess.,
amended last paragraph generally by changing former references to specific
government positions to present language covering all employees or public
officers.
Case Notes:
To be eligible
for election to the territorial legislature, one must have lived in the
territory for a total of at least five years and have been a bona fide resident
of the district from which he is elected for at least one year immediately
preceding his election. Rev'd Const.
Am. Samoa art. II § 3( c). Tuika v.
Chief Election Officer, 9 A.S.R.2d 57 (1988).
Section 4. Manner of election. Senators shall be elected in accordance with Samoan
custom by the county councils of the counties they are to represent, the number
of senators from a county or counties to be as indicated: Fitiuta, Faleasao and
Ta’u, two senators; Olosega and Ofu, one senator; Saole, one senator; Vaifanua,
one senator; Sua, two senators; Ma’uputasi, three senators; Ituau, two
senators; Ma’upu, two senators; Leasina, one senator; Tualatai, one senator;
Fofo, one senator; and Lealataua, one senator. The decisions of the members of
the county councils of the counties concerned shall be certified by the county
chiefs of such counties.
Representatives shall be
chosen by secret ballot of the qualified electors of their respective
representative districts.
Case
Notes:
“Lived in Samoa for a total of
at least 5 years” does not mean last S years. Section 6.0212 used to explain
rules for determining bona fide residence of candidate. King v. Watson. ASR
(1978).
Where county council announced
its decision as to who should be new senator, and the entire council was not in
agreement with the decision, county chief who certified the decision wrongly
ascertained for himself the decision of the majority and certified another
person; and the certification would be set aside and the matter referred back
to the council for a proper decision and certification in accordance with
Samoan custom. Faiivae v. Mola, 4 ASR 834 (197S).
High Court had subject matter
jurisdiction in case involving a contested senatorial election by county
council where there was a case or controversy, it arose under the constitution,
laws or treaties, and the cause was described in jurisdictional statutes.
Meredith v. Mola. 4 ASR 773 (1973).
Constitution requires that
senators be chosen by county council and court cannot submit to names to senate
for election. Meredith v. Mola, 4 ASR 773 (1973).
Court cannot declare one
senatorial candidate victor over another, since it lacks jurisdiction to so do,
such being the exclusive province of senate. Meredith v. Mola, 4 ASR 773 (1973).
Under Constitution of American
Samoa the legislature, and particularly the Senate which is composed of
traditional chiefs chosen according to Samoan custom, has a peculiar relationship
to the preservation of land and culture.
Rev. Const. of Am. Samoa art. I
§ 3, art. II § 4. Tuika Tuika v. Governor of American Samoa, 4 A.S.R.2d 85
(1987).
Provision of territorial
constitution that county council elect senators to represent the county does
not permit election of senators by village councils of certain villages within
the county, or by a single member of the county council, or by the senate
itself; these bodies may recommend or endorse a particular candidate, but final
decision must rest with the county council itself. Rev. Const. Am. Samoa art. II § 4. Mauga v. Lutu, 10 A.S.R.2d 115
(1989).
Provision of territorial
constitution that county council elect senators in accordance with Samoan
custom means that the council is to use the traditional Samoan manner of
decision making as it existed at the time the provision was adopted. Rev. Const. Am. Samoa art. II § 4. Mauga v.
Lutu, 10 A.S.R.2d 115 (1989).
Court will not lay down a rule
prescribing the exact method or custom a county council must use to elect a
senator in accordance with Samoan custom, especially as custom may vary in
different counties. Rev. Const. Am.
Samoa art. II § 4. Mauga v. Lutu, 10
A.S.R.2d 115 (1989).
Provision of territorial
constitution that county council elect senators in accordance with Samoan
custom does not include power to delegate the decision completely to a
subdivision of the county, since this would allow a new custom, habit, or
practice to repeal explicit and unambiguous constitutional provisions. Rev. Const. Am. Samoa art. Ii § 4. Mauga v.
Lutu, 10 A.S.R.2d 115 (1989).
Defendant was entitled to
summary judgement on plaintiff's claim that she had been duly elected to the
senate about four years before the commencement of the term for which she claimed
to have been elected. Rev. Const. Am.
Samoa art. II §§ 4, 6. Mauga v. Lutu,
10 A.S.R.2d 115 (1989).
Cumulative effect of two
territorial constitutional provision, one requiring election of senators by
county councils and the other providing that each senator shall hold office for
four years, is to require that an election be held once every four years by the
county council as it is then constituted; since the membership of the county
council changes over time, no one particular council can be permitted to lock
senatorial selection to serve during subsequent terms. Rev. Const. Am. Samoa art. II §§ 4, 6. Mauga v. Lutu, 10 A.S.R.2d
115 (1989).
Section 5. Elections. Elections shall be held biennially in each even
numbered year beginning on the first Tuesday following the first Monday in
November and ending not later than 4 weeks thereafter.
Section 6. Term of office. Each senator shall hold
office for a term of four years. Representatives including any delegates from
Swains Island shall each hold office for a term of two years. The terms of all
members of the Legislature including any delegate from Swains Island shall
commence at noon on the third day of January following their election, except
as otherwise provided.
Case Notes:
Defendant was entitled to
summary judgement on plaintiff's claim that she had been duly elected to the
senate about four years before the commencement of the term for which she
claimed to have been elected. Rev.
Const. Am. Samoa art. II §§ 4, 6. Mauga
v. Lutu, 10 A.S.R.2d 115 (1989).
Cumulative
effect of two territorial constitutional provisions, one requiring election of
senators by county councils and the other providing that each senator shall
hold office for four years, is to require that an election be held once every
four years by the county council as it is then constituted; since the
membership of the county council changes over time, no one particular council
can be permitted to lock senatorial selection into the future by selecting any
number of senators to serve during subsequent terms. Rev. const. Am. Samoa art. II §§ 4, 6. Mauga v. Lutu, 10 A.S.R.2d
115 (1989).
Section 7. Qualifications of electors. Every person of the age
of 18 years or upwards who is a United States national and who has lived in American
Samoa for a total of at least two years and has been a bona fide resident of
the election district where he offers to vote for at least one year next
preceding the election and who meets such registration requirements as may be
prescribed by law shall be deemed a qualified elector at such election. No
person under guardianship, non compos mentis, or insane shall be qualified to
vote at any election; nor shall any person who has been convicted of a felony
be qualified to vote at any election unless he has had his civil rights
previously restored to him or unless he has maintained good behavior for 2
years following the date of his conviction or his release from prison whichever
is the later.
Case Notes:
Because the Governor has general supervision and
control of all executive departments, agencies and instrumentality's of the
Government, personnel decisions are subject to his direction as long as his
actions are in accordance with applicable territorial and federal laws and
rules. Rev. Const. Am. Samoa Art. II, § 7; A.S.C.A. §§ 4.0102, 4.0111(b). Sala v. American Samoa
Gov't, 21 A.S.R.2d 14 (1992).
Section 8. Legislative sessions. There shall be two regular
sessions of the Legislature held each year, each session to last 45 days, the
first session to begin on the second Monday in January each year and the
second session to begin on the second Monday in July of each year. The
Legislature may meet in special session at the call of the Governor who shall
set the time for the beginning of such session and the number of days it may
last. Amended H.J.R. No. 1, adopted Feb. 18, 1977, approved by voters Nov. 7,
1978, approved by Sec. of Int. Mar. 1, 1979; amended 1971 S.J.R. No. 3,
effective March 19, 1971.
Amendments: 1979 Changed length of
sessions from 30 to 45 days.
1971 S.J.R. No. 5. 11th Leg. 2nd Reg.. Sess.,
substituted present two 30 day sessions for former annual 40 day session commencing
on the 2nd Monday in February.
Section 9. Enactment of law; vetoes. The enacting clause of
all bills shall be: “Be it enacted by the Legislature of American Samoa,” and
no law shall be enacted except by bill. Bills may originate in either House,
and may be amended or rejected by the other. The Governor may submit proposed legislation
to the Legislature for consideration by it. He may designate any such proposed
legislation is urgent, if he so considers it.
Every bill, having passed both
Houses, shall be signed by the President of the Senate and the Speaker of the
House, and shall, before it becomes a law, be presented to the Governor for his
approval. If he approves it, he shall sign it and it shall become a law, and he
shall deposit it in the office of the Secretary of American Samoa. But if it be
not approved by him, he shall return it with his objections to the House in
which it originated which shall enter the same in their journal: Any bill not
returned by the Governor within 10 days (Sundays excepted) after having been
presented to him, shall become a law, whether signed by him or not, unless the
Legislature by adjournment prevent such return, in which case it shall not
become a law unless the Governor, within 30 days after adjournment shall sign
it, in which case it shall become a law in like manner as if it had been signed
by him before adjournment; and the Governor shall deposit it in the office of
the Secretary of American Samoa.
Not later than 14 months after
a bill has been vetoed by the Governor, it may be passed over his veto by a
two-thirds majority of the entire membership of each House at any session of
the Legislature, regular or special. A bill so repassed shall be represented to
the Governor for his approval. If he does not approve- it within 15 days, he
shall send it together with his comment thereon to the Secretary of the
Interior. If the Secretary of the Interior approves it within 90 days after its
receipt by him, it shall become a law; otherwise it shall not.
Furthermore, nothing in this
section shall be deemed to permit any change in the law respecting the
alienation or transfer of land or any interest therein to be effective unless
such change shall have been approved by two successive Legislatures by a
two-thirds vote of the entire membership of each House and by the Governor as provided
in Section 3 of Article I.
Case
Notes:
Concurrent resolution, given
binding effect by law to veto executive branch action, is not a “law” subject
to enactment by bill. Tuika Tuika v. Governor of American Samoa, 4 ASR2d 85
(1987).
Legislative resolution
disapproving lease of government land, pursuant to statute giving binding
effect to such resolutions, was not a "law" within the meaning of a
constitutional provision requiring all laws to be enacted by bill rather than
resolution. Rev. Const. Am. Samoa art. II § 9. Tuika Tuika v. Governor of
American Samoa, 4 A.S.R.2d 85 (1987).
Territorial statute providing for a
"legislative veto" of leased of government land did not violate
American Samoa Constitution. A.S.C.A. §
37.2030; Rev. Const. Am. Samoa art. II
§§ 9 & 10. Tuika Tuika v.
Governor of American Samoa, 4 A.S.R.2d 85 (1987).
Section 10. Passage of bills. A majority of all the members
of each House, voting in the affirmative, shall be necessary to pass any bill
or joint resolution.
Case Notes:
Territorial statute providing for a
"legislative veto" of leased of government land did not violate
American Samoa Constitution. A.S.C.A. §
37.2030; Rev. Const. Am. Samoa art. II
§§ 9 & 10. Tuika Tuika v.
Governor of American Samoa, 4 A.S.R.2d 85 (1987).
Section 11. Powers of each house. Each house shall keep a journal of its proceedings and publish the same,
determine its rules of procedure, punish members for disorderly behavior, and,
with the consent of two-thirds of its entire membership, may expel a member,
but not a second time for the same offense. Each House shall sit upon its own adjournments, but neither
House shall, without the concurrence of the other, adjourn for more than 3
days, nor to any other place than that in which it may be sitting.
Section 12. Freedom from arrest. Senators and representatives and any delegate from
Swains
Island in all cases except treason, felony, or breach of the peace, shall be
privileged from arrest during a session (including a special joint session) of
the Legislature, and in going to and returning from the same. No member of the
Legislature shall be held to answer before any tribunal other than the
Legislature itself for any speech or debate in the Legislature.
Section 13. Vacancies. When vacancies occur in either House, the
Governor or the person exercising the functions of Governor shall issue writs
of election to fill such vacancies except that if any such vacancy shall occur
within three months of the next regular election, no special election shall be
held and the Governor shall appoint a qualified person to fill such vacancy.
Prior to appointing such person, the Governor shall in the case of a
representative consult with the county chief or county chiefs in the representative
district concerned; and in the case of a senator, with the District Governor
and county chiefs in the district concerned. A person elected to fill a vacancy
or appointed by the Governor to fill a vacancy shall hold office during the
remainder of the term of his predecessor.
Section 14. Public sessions. The business of each House,
and of the Committee of the Whole, shall be transacted openly and not in secret
session.
Section 15. Reading — Passage of bills. No bill shall be
passed until copies of the same with amendments thereto shall have been made
available for the use of the members; nor shall a bill become a law unless the
same shall have been read on two separate days in each House previous to the
day of the final vote thereon. On final passage of all bills, they shall be
read at length, section by section, and the votes shall be by yeas and nays
upon each bill separately, and shall be entered upon the journal. The
provisions of this section respecting the reading of bills shall be subject to
the exception that a bill which has been vetoed by the Governor and
reintroduced for passage over the Governor’s veto need only be read on the day
of the final vote thereon.
Section 16. Title. Every legislative act shall embrace but one
subject and matters properly connected therewith, which shall be expressed in
the title; but if any subject shall be embraced in an act which shall not be
expressed in the title, such an act shall be void only as to so much thereof as
shall not be expressed in the title.
Section 17. Amendments and revisions by reference. No
law shall be amended or revised by reference to its title only; but in such
case the act, as revised, or section or subsection as amended, shall be
reenacted and published at full length.
Section 18. Appointment to new offices. No member of the
Legislature shall, during the term for which he was elected and for one year
thereafter, be appointed to any office which shall have been created or the
salary of which shall have been increased by the Legislature during such term.
Section 19. Effective date of laws. An act of the Legislature
required to be approved and approved by the Governor only shall take effect
no-sooner than 60 days from the end of the session at which the same shall have
been passed while an act required to be approved by the Secretary of the
Interior only after its veto by the Governor and so approved shall take effect
no sooner than 40 days after its return to the Governor by the Secretary of the
Interior. The foregoing is subject to the exception that in case of an
emergency the act may take effect at an earlier date stated in the act provided
that the emergency be declared in the preamble and in the body of the act.
Section 20. Legislative counsel. A legislative counsel, who
shall be learned in the law, shall be appointed by the President of the Senate
and the Speaker of the House, to advise and assist the Legislature. The
position of legislative counsel shall be a fulltime position and compensation
for the counsel shall be budgeted by the Legislature at a grade level
equivalent to that of Deputy Attorney General of the Government of American
Samoa. The legislative counsel shall also be the director of the Legislative
Reference Bureau. Amended H.J.R. No. 3, Feb. 18, 1977, approved by voters Nov.
7, 1978, approved by Sec. of Int. Mar. 1, 1979.
Amendments: 1979 Changed manner of
appointment of the counsel and changed grade level.
Section 21. Quorum. A majority
of each House shall constitute a quorum for the transaction of business, but a
smaller number may adjourn from day to day and may compel the attendance of
absent members in such manner as each House may provide.
Section 22. Qualifications and officers. Each House of the
Legislature shall be the judge of the elections, returns, and qualifications of
its own members and shall chuse its officers.
Case
Notes:
This section does not give the
senate adjudicatory power to determine what needs to be done for the selection
of a senator to conform to constitutional requirements and whether those
requirements were met; such determinations are for the courts. as the questions
are judicial, not political, and are matters of constitutional interpretation.
Meredith v. Mola, 4 ASR 773 (1973).
if jurisdictional criteria are
met, court will consider claim to legislative sear despite this section’s
provision granting legislature power to judge elections and qualifications of
its members. Meredith V Mola, 4 A5R
773 (1973).
Court cannot declare one
senatorial candidate victor over another. since it lacks jurisdiction to so do.
such being the exclusive province of senate. Meredith v. Mola, 4. ASR 773
(1973).
Constitution requires that
senators be chosen by county council and court cannot submit two names to
senate for election. Meredith v Mola, 4 ASR 773 (1973).
In view of this section, High
Court could nor adjudicate dispute whereby candidate for senate claimed that
he had been duly qualified and elected and that senator who was sitting had nor
been; the dispute was for the senate to decide. Tuitasi V. Lualemaga, 4 ASR 798
(1973).
This section is a textually
demonstrated constitutional commitment to the senate to judge who received the
most votes:
therefore, such issue is a political question and not
justifiable. Tuitasi v. Lualemaga, 4 ASR 798 (1973).
This section is a textually
demonstrated constitutional commitment to the senate to judge the
qualifications see forth in this constitution for the position of senator;
thus, issue of whether a person is qualified is a political question and for
the senate and Is not justifiable. Tuitasi v. Lualemaga, 4 ASR 798 (1973).
High Court had subject matter
jurisdiction in case involving a contested senatorial election by county
council where there was a case or controversy, it arose under the constitution, laws or treaties, and the cause was
described in jurisdictional statutes. Meredith v. Mola, 4 ASR 773 (1973).
Provision of territorial
constitution that the legislature shall judge election of its members presumes
that an election has been held, and
therefore does not define the factual question whether the required
election ever occurred give rise to as a political question preventing judicial
intervention. Rev. Const. Am.
Samoa art. II § 22. Mauga v. Lutu, 10
A.S.R.2d 115 (1989).
Section 23. Adjourning legislature. In case of disagreement
between the two Houses with respect to the time of adjournment, the Governor
shall have power to adjourn the Legislature to such time as he may think
proper: but no such adjournment shall be beyond the time fixed for the next
regular session of the Legislature.
Section 24. Special or exclusive privileges not to be granted; local or
special laws. The power of the Government to act for the general
welfare of the people of American Samoa shall never be impaired by the making
of any irrevocable grant of special or exclusive privileges or immunities.
Corporations may be formed under general laws but shall not be created by
special act except for municipal, governmental, or quasigovernmental purposes
in cases where the objects of the corporation cannot be attained under general
laws. All general laws or special acts passed pursuant to this section may be
amended or repealed. The Legislature shall pass no local or special act if a
general act can be made applicable.
Section 25. Compensation of the legislature. The
compensation of the members of the Legislature is provided by law. — Amended
1977. H.J.R. No. 6. eff. April 8, 1977.
Amendments:
1971 S.J.R. No. 4, 11th Leg.
2nd Reg. Sess., amended section generally and increased the annual legislative
pay to 36.000.00.
Cross-references: Compensation of legislators, see 2.0102 and
2.0103.
Article III
Section 1. Judicial power. The judicial power shall be
vested in the High Court, the District Courts, and such other courts as may
from time to time be created by law.
Case
Notes:
High Court had subject
matter jurisdiction in case involving a contested senatorial election by county
council where there was a case or controversy, it arose under the constitution,
laws or treaties, and the cause was described in jurisdictional statutes.
Meredith v. Mola, 4 ASR 773 (1973).
It cannot be said that the
“judicial power” vested in the High Court by this section is plenary and thus
comprehends the authority to sit as a court of admiralty; the question whether
the court has power to so sit is one of jurisdiction, and such jurisdiction has
not been conferred on any court in the territory by the American Samoa
Constitution or the American Samoa Code. Vessel Fijian Swift v. Trial Division.
High Court of American Samoa. 4 ASR 983 (1975).
Subject to supervision in its
exercise, the Legislature of American Samoa has been delegated unimpaired
power, through the executive branch of the federal government, to give territorial
courts authority to sit in admiralty and, as a consequence. to entertain in rem
actions and provide procedures for arresting vessels or other property that is
the subject of a maritime action. Vessel Fijian Swift v. Trial Division. High
Court of American Samoa, 4 ASR 983 (1975).
In rem admiralty and maritime
jurisdiction in the Trial Division of the High Court cannot be grounded upon
“the necessity and importance of in rem Admiralty jurisdiction ... in the
orderly administration of justice in this maritime territory such determination
is for the legislature. Vessel Fijian Swift v. Trial Division. High Court of
American Samoa, 4 ASR 983 (1975).
The High Court of American
Samoa exercises judicial power that can be divested only by an Act of
Congress. 48 U.S.C. § 1662a; Rev.
Const. Am. Samoa art. III § 1.
Southwest Marine of Samoa, Inc., v. S & S Contracting, Inc., 5 A.S.R.2d 70
(1987).
Section 2. Independence of the courts. The judicial branch
of the Government of American Samoa shall be independent of the executive and
legislative branches.
Case Notes:
Statute explicitly recognizing power
of Chief Justice to make exceptions to rules is clearly not inconsistent with
constitutional provision for judicial independence. Rev. Const. Am. Samoa
art. III § 2; A.S.C.A. § 46.0501. American Samoa Government v. Tile, 8
A.S.R.2d 120 (1988).
Reasonable
legislative regulation of judicial procedure does not necessarily conflict with
judicial independence. Rev. Const. Am.
Samoa art. III § 2; A.S.C.A. § 46.0501,
American Samoa Government v. tile, 8 A.S.R.2d 120 (1988).
Unlike federal rules of criminal
procedure promulgated under the authority of Congress and binding on federal
courts to the same extent as statutes, territorial rules are made by the Court
itself, so that a time limit provided by territorial rule is not as obviously
jurisdictional as a similar limit provided by federal rule. Rev. Const. Am. Samoa art. III § 2; A.S.C.A. § 3.1002(c). American
Samoa Government v. Tile, 8 A.S.R.2d 120 (1988).
Section 3. Appointments. The Secretary of the
Interior shall appoint a Chief Justice of American Samoa and such Associate
Justices as he may deem necessary.
Article IV
Section
1. Superseded by U.S.
Dept. of the Int. Secretary’s Order No. 3009, §§ 2 and 4, Sept. 13, 1977, eff.
Sept. 13, 1977, as amended in § 2 by U.S. Dept. of the Int. Secretary’s Order
No. 3009, Amendment No. 1, Nov. 3, 1977, eff. Nov. 3, 1977.
Reviser’s
Comment:
This section, which provided
that “The Governor of American Samoa and the Secretary of American Samoa shall
be appointed as provided in the laws of the United States”, was impliedly
superseded by the above-referred to secretarial orders. See note on the subject
under § 2 of this article.
Section 2. Governor and lieutenant governor. The
Governor and the Lieutenant Governor of American Samoa shall, commencing with
the first Tuesday following the first Monday of November 1977, be popularly
elected and serve in accordance with the laws of American Samoa.
Amended 1977, U.S. Dept. of the Int.
Secretary’s Order No. 3009, §§ 2, 4, Sept. 13. 1977, as amended by U.S. Dept.
of the Int. Secretary’s Order No. 3009, Amendment No. 1. Nov. 3, 1977. eff.
Nov. 3, 1977.
Amendments: 1977 U.S. Dept. of the Int. Secretary’s
Order No. 3009, §§ 2 and 4, Sept. 13. 1977. amended this section to read “The
Governor and the Lieutenant Governor of American Samoa shall, commencing with
the first Tuesday in November,
1977, be popularly elected and serve in accordance with the laws of American
Samoa.”
U.S. Dept. of the Int.
Secretary’s Order No. 3009, Amendment No. 1, Nov. 3. 1977, amended Order No.
3009, § 2. effective Nov. 3, 1977. by substituting “following the first Monday
of” for the word “in” preceding “November 1977”.
Section 3. Secretary. The Secretary of American Samoa, who may be
referred to as Lieutenant Governor of American Samoa, shall have all the powers
and duties of the Governor in the case of a vacancy in the office of Governor
or the disability or temporary absence of the Governor. He shall record and
preserve the laws and executive orders, and transmit copies thereof to the
Secretary of the Interior. He shall have and perform such other duties as may
be prescribed by law or assigned to him by the Governor.
Section 4. Secretary of Samoan affairs. The Secretary of
Samoan Affairs shall be appointed by the Governor from among the leading
registered matais. He shall hold office during the pleasure of the Governor.
The Secretary of Samoan Affairs shall be the head of the Department of Local
Government. In conjunction with the District Governors he shall co-ordinate the
administration of the district, county, and village affairs as provided by law
and also in conjunction with the District Governors he shall supervise all
ceremonial functions as provided by law.
Section 5. Militia and posse comitatus. The Governor may
summon the posse comitatus or call out the militia to prevent or suppress
violence, invasion, insurrection, or rebellion.
Section 6. Executive regulations. The Governor shall have the
power to issue executive regulations not in conflict with laws of the United
States applicable to American Samoa, laws of American Samoa, or with this
Constitution.
Section 7. Supervision and control by Governor. The
Governor shall have general
supervision and control of all executive departments,
agencies and instrumentalities of the Government of American Samoa.
Section 8. Annual report. The Governor shall make an
official report of the transactions of the Government of American Samoa to the
Secretary of the Interior and the Legislature within three months after the
close of each fiscal year.
Section 9. Pardoning power. The Governor shall have the
power to remit fines and forfeitures, commute sentences, and grant reprieves
and pardons after conviction for offenses against the laws of American Samoa.
Case Notes:
Statute allowing court to impose detention as a condition of probation
did not violate the constitutional provision allowing governor to grant
pardons, since any prisoner pardoned by the governor could no longer be
incarcerated. Rev. Const. Am.
Samoa art. IV § 9; A.S.C.A. §
46.2206. Atuatasi v. Moaali'itele, 8
A.S.R.2d 53 (1988).
Section 10. Recommendation of laws. The Governor shall give the
Legislature information on the state of the Government and recommend for its
consideration such measures as he may deem necessary and expedient. He may
attend or depute another person to represent him at the meetings of the
Legislature, and may give expression to his views on any matter before that
body.
Section 11. Appointment of officials. With the exception of
elective officials, those appointed by the Secretary of the Interior, and those
whose appointments are otherwise provided for, the officials of the Government
of American Samoa including district, county, and village officials shall be
appointed by the Governor. Prior to appointing a district governor, a county
chief, or a pulenuu, the Governor through the Secretary of Samoan Affairs shall
request the recommendation of the appropriate district council as to who shall
be appointed in the case of a district governor; of the appropriate county
council and district governor, in the case of a county chief; and of the
appropriate village council, district governor and county chief, in the case of
a pulenuu. The Secretary of Samoan Affairs may also make his own
recommendations to the Governor,
Section 12. Removal of officers; powers and duties of officers. The
Governor may appoint or remove any officer whose appointment is not otherwise
provided for. All officers shall have such powers and duties as may be
conferred or imposed upon them by law or by executive regulation of the
Governor not inconsistent with any law.
Section 13. Publication of laws. The Governor shall make
provision for publishing laws within 55 days after the close of each session of
the Legislature and for their distribution to public officials and sale to the
public.
Article V
Section 1. Officers. For the public convenience and to insure
continuity in the operation of the Government all officers of American Samoa,
including district, county, and village officers, shall, subject to the right
of resignation or removal as may be provided by law, continue to hold their
respective offices until the expiration of the time for which they were respectively
elected or appointed, except that senators elected at the general election in
1966 shall go out of office at noon on January 3, 1969.
Regardless of any other
provision or provisions in this Constitution the House of Representatives
shall, prior to noon, January 3, 1969, consist only of those members elected at
the general election in 1966 while the Senate prior to noon January 3,1969,
shall consist only of the hold-over senators plus those elected at the general
election in 1966. Also regardless of any other provision or provisions in this
Constitution any vacancies occurring in either House prior to January 3,1969
may be filled as provided in Article II, Section 13 of the Constitution which
became effective on October 17, 1960.
Section 2. Existing laws. All laws of American Samoa
not inconsistent with this Constitution shall continue in force until they
expire by their own limitation, or are altered or repealed by competent
authority.
Case Notes:
Territorial
laws which are inconsistent with applicable U.S. laws violate the territorial
constitution, which in turn was promulgated under the authority of the U.S.
Secretary of the Interior. Rev. Const.
Am. Samoa Art. II, § 1(a), Art. V, § 11.
Alamoana Recipe Inc. v. American Samoa Government, 24 A.S.R.2d 156
(1993).
Section 3. Amendments. Any amendment to this Constitution may be
proposed in either House of the Legislature, and if the same be agreed to by
three-fifths of all members of each House, voting separately, such proposed
amendment shall be entered on the journals, with the yeas and nays taken
thereon. The Governor shall then be requested to submit such proposed
amendment to the voters eligible to vote for members of the House of Representatives
at the next general election. If a majority of such voters voting approve such
amendment, the Governor shall, within 30 days after such approval shall have
been officially determined submit the same to the Secretary of the Interior for
approval or disapproval within 4 months after its receipt.
Section 4. Revision of the constitution. In
view of the changing conditions in American Samoa, the Governor shall appoint a
new Constitutional Committee five years after the effective date of this
Constitution to prepare amendments or a revised draft constitution to be submitted
to the Governor who shall call a constitutional convention to consider the
same. The delegates to the convention shall be selected by their respective
county councils. The number of delegates from each county shall be the number
obtained by dividing the population of the county, as shown by the last
preceding Federal census, by 400, any fraction in the quotient obtained to be
disregarded if such fraction shall be less than one-half and if such fraction
shall be one-half or more it shall be considered to be one unit, provided that
each county shall have at least one delegate, and provided further that Swains
Island shall have one delegate selected in open meeting by the adult permanent
residents of the island who are United States nationals. If the convention
approves such amendments or draft constitution either with changes made therein
by the convention or without changes, the same as approved shall be submitted
by the Governor to the voters eligible to vote for members of the House of
Representatives at the next general election; and if a majority of the voters
voting approve the amendments or proposed revised constitution, the Governor
shall submit the same to the Secretary of the Interior for his approval, and
if he approves the same, then the amendments shall become part of the
Constitution or the proposed revised constitution shall replace this
constitution, as the case may be. Salaries of employees of the Convention and
per diem for delegates shall be provided by law. The Government shall furnish
the Convention with necessary supplies and other necessary services.
Section 5. Existing rights and liabilities.
Except as otherwise provided in this Constitution all existing actions, writs,
suits, proceedings, civil or criminal liabilities, prosecutions, judgments,
decrees, sentences, orders, appeals, causes of action, contracts, claims,
demands, titles, and rights shall continue unaffected notwithstanding the
taking effect of this Constitution.
Section 6. Oaths. All officers of American Samoa including
district, county, and village officers, shall, before they enter upon the
duties of their respective offices, take and subscribe the following oath: “I,
____________, of_________ do solemnly swear (or affirm) that I will support and
defend the Constitution of the United States against all enemies foreign and
domestic; that I will bear true faith and allegiance to the same; that I take
this obligation freely, without any mental reservation or purpose of evasion,
and that I will well and faithfully discharge the duties of the office on which
I am about to enter, and that I will well and faithfully uphold the laws of the
United States applicable to American Samoa, and the Constitution and laws of American
Samoa. “So help me God.”
Section 7. Construction. In this Constitution titles
shall not be used for the purposes of construction and wherever any personal
pronoun appears it shall be construed to mean either sex; also in this
Constitution a special or particular provision shall control a general
provision should there be any inconsistency between a special or particular
provision and a general provision.
Section 8. Provisions self-executing. The provisions of
this Constitution shall be self-executing to the fullest extent that their
respective natures permit.
Section 9. Seat of government. The seat of Government shall
be at Fagatogo.
Section 10. Political
districts and counties. It is hereby recognized that there are three
political districts in American Samoa, viz. Manu'a, composed of the political
counties of Ta’u, Faleasao, Fitiuta, Olosega and Ofu; Eastern, composed of the
political counties of Sua, Vaifanua, Saole, Ituau and Ma’uputasi; and Western,
composed of the political counties of Fofo, Leasina, Tualatai, Lealataua and
Ma’upu.
Section 11. Effective date. This Constitution ratified
and approved on June 2, 1967, by the Secretary of the Interior, action pursuant
to the authority vested in him by Executive Order No. 10264, dated June 29,1951,
of the President of the United States, and approved by the Constitutional
Convention of the people of American Samoa at its meeting in Fagatogo, American
Samoa. begun on September 26, 1966, and by a majority of the voters of American
Samoa voting in the general election in 1966, shall become effective on July 1,
1967.
Ratified and Approved: Subject
to the deletion from Article I. section 2 of all after the title and the
insertion in lieu thereof of the text of Article I, section 2 of the
Constitution of American Samoa effective October 17, i960, to wit: “No person
shall be deprived of life, liberty, or property, without due process of law,
nor shad private property be taken for public use without just compensation.”
We the
undersigned, being the duly appointed Delegates to the Constitutional
Convention, do hereby certify that the above and foregoing document was
approved by us in Convention assembled as the revised Constitution of American
Samoa.
For and on behalf of Sua County.
Le’iato. T. Mulitauaopele-Sui’ava
Fautanu, P. Mulitauaopele-Tamotu
For and on behalf of Vaifanua County.
Masaniai, T. Tagoa’I,
L.
Tuiasosopo, T.
For and on behalf of Saole County.
Utu, S. Lauvao-Sisifo
Fonoti. G.
For and on behalf of Ma’uputasi County.
Leota, T. Fano,
S.
Fanene, F. Pula,
N.T.
Tua’olo-Lemoe Unutoa,
S.L.T.
Tua’olo-Maliuga Liufau,
M.
Mageo, F. Faumuina-Ioane
Lutu. S.A. Paopaoailua,
S.
Mailo. P.
For and on behalf of Tau County
Rapi Sotoa Tauala,
M.
For and on behalf of Fitiuta County.
Laapui, F.
For and on behalf of Faleasao County.
Ma’o. T.
For and on behalf of Olosega County.
Tuiolosega-Tuumamao
For and on behalf of Alataua County.
Faiivae. E.H. Salave’a,
O.
Leoso. M. Tuveve,
S. A.
To'omata. T. Noa,
L.
For and on behalf of Ituau County
Lagafuaina. L. Atuatasi,
M.
Savusa. S. Alo,
S.
Savea, P.
For and on behalf of Ofu County.
Misa, T. Velega, P.
For and on behalf of Tualatai County
Satele. M. Uiagalelei,
S.
Taulapapa. E.L.
For and on behalf of Leasina County.
Asuemu U. Fuimaono
For and on behalf of Tualauta County.
Letuli, T. Sagapolutele,
T.
Magalei, T. Paogofie-Sasae
Muagututi’a-Tuia
For and on behalf of Swains island.
Paul Pedro
A.P. Lauvao-Lolo
Chairman
of the Constitutional Convention
Attest:
Secretary of the Constitutional Convention