Revised Constitution of American Samoa

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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

The Legislature

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.

 

Article III

Judicial Branch

1.   Judicial power.

2.   Independence of the courts.

3.   Appointments.

 

Article IV

Executive Branch

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

Bill of Rights

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

The Legislature

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