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 ap