TREATIES, CESSIONS, AND FEDERAL LAWS
Agreement of 1872
Treaty of
1878
General Act of 1889
Convention of 1899
Cession of Tutuila and
Aunu’u
Cession of Manu’a Islands
Acceptance of Cessions
Acts of Congress
Delegate to House of
Representatives
Establishment of Naval
Station
Opinion of
the Judge Advocate of the Navy
Transfer of
Administration to the Secretary of the Interior
Delimitation
of Government Authority
Revised Constitution of
American Samoa
Constitution of the
United States of America
In
1872, Navy Commander Richard Meade of the U.S.S. Narragansett visited
This
“treaty of friendship and commerce” was made
GENERAL ACT OF 1889
This
treaty was concluded June 14, 1889, and after ratification, proclaimed May 21,
1890, between the United States, Germany, and Great Britain, and assented to by
the Samoan Government “to provide for the security of the life, property and
trade of the citizens and subjects of their respective Governments residing in,
or having commercial relations with the Islands of Samoa; and at the same time
to avoid all occasions of dissensions between their respective Governments and
people of Samoa, promoting as far
as possible the peaceful and orderly civilization of the people of these
Islands.” This treaty was also annulled by the treaty of December 2, 1899, and,
therefore, has no present force or effect except with respect to rights which
may have accrued and become vested thereunder especially by virtue of judgments
rendered by the “Supreme Court” established and functioning thereunder during
the life of the treaty. (Malloy Treaties 1576.)
This
treaty was entered into December 2, 1899, and after ratification proclaimed
February 16, 1900, between the United States, Germany, and Great Britain “to
adjust amicably the questions which have arisen between them in respect to the
Samoan group of Islands, as well as to avoid all future misunderstanding in
respect to their joint or several rights and claims of possession or
jurisdiction therein.”
The
body of the treaty is short and reads as follows:
The
General Act concluded and signed by the aforesaid Powers at
Reciprocally, the
It is
understood and agreed that each of the three signatory Powers shall continue to
enjoy, in respect to their commerce and commercial vessels, in all the islands
of the Samoan group, privileges and conditions equal to those enjoyed by the
sovereign Powers, in all ports which may be open to the commerce of either of
them. (2 Malloy Treaties 1596.)
CESSION OF
Chief of
to
Translation in the English
language:
To all to whom these presents
shall come:
Greeting,
Whereas
the Governments of Germany, Great Britain, and of the United States of America
have on divers occasions recognized the sovereignty of the government and
people of Samoa and the Samoan group of islands as an independent State; and
whereas owing to dissensions, internal disturbances and civil war, the said
governments have deemed it necessary to assume the control of the legislation
and administration of said state of Samoa; and whereas the said governments
have on the sixteenth day of February, by mutual agreement, determined to
partition said State; and whereas the islands hereinafter described being part
of the said State have by said arrangements amongst the said governments, been
severed from the parent State, and the Governments of Great Britain and of
Germany have withdrawn all rights hitherto acquired, claimed or possessed by
both or either of them by treaty or otherwise, to the said islands in favor of
the government of the United States of America; and whereas for the promotion
of the peace and welfare of the people of said islands, for the establishment
of a good and sound government, and for the preservation of the rights and
property of the inhabitants of said islands, the Chiefs, rulers and people
thereof are desirous of granting unto the said government of the United States
full powers and authority to enact proper legislation for and to control the
said islands, and are further desirous of removing all disabilities that may be
existing in connection therewith and to ratify and to confirm the grant of the
rule of said islands heretofore granted on the 2nd day of April, 1900.
Now know Ye:
1.
That we, the Chiefs whose names are hereunder subscribed by virtue of our
office as the hereditary representatives of the people of said islands, in
consideration of the premises herein-before recited and for divers good
considerations us hereunto moving, have ceded, transferred, and yielded up
unto Commander B. F. Tilley of the U.S. “Abarenda.” the duly accredited
representative of the Government of the United States of America in the islands
hereinafter mentioned or described for and on behalf of the said government.
All these the islands of Tutuila and Aunuu and all other islands, rocks, reefs,
foreshores and waters lying between the 13th degree and the 15th degree of
south latitude and between the 171st degree and 167th degree of west longitude
from the meridian of Greenwich, together with all sovereign rights thereunto belonging
and possessed by us, to hold the said ceded territory unto the Government of
the United States of America; to erect the same into a separate District to be
annexed to the said Government, to be known and designated as the District of
“Tutuila”.
2. The
Government of the United States of America shall respect and protect the
individual rights of all people dwelling in Tutuila to their lands and other
property in said District; but if the said Government shall require any land or
any other thing for Government uses, the Government may take the same upon
payment of a fair consideration for the land, or other thing, to those who may
be deprived of their property on account of the desire of the Government.
3. The
Chiefs of the towns will be entitled to retain their individual control of the
separate towns, if that control is in accordance with the laws of the United
States of America concerning Tutuila, and if not obstructive to the peace of
the people and the advancement of civilization of the people, subject also to
the supervision and instruction of the said Government. But the enactment of
legislation and the general control shall remain firm with the
4. An investigation and settlement of all
claims to title to lands in the different divisions or districts of
5. We, whose names are subscribed below, do
hereby declare with truth for ourselves, our heirs and representatives by
Samoan Custom, that we will obey and owe allegiance to the Government of the
In witness whereof we have
hereunto subscribed our names and affixed our seals on this 17th day of April,
1900 A.D.
Fofo
and Aitulagi Sua
and Vaifanua
Tuitele
of Leone x Pele
x
Faiivae
of Leone x Mauga
x
Letuli
of Iliili x Leiato
x
Fuimaono
of Aoloau x Faumuina x
Satele
of Vailoa x Masaniai
x
Leoso
of Leone x Tupuola
x
Olo of
Leone x Soliai x
Namoa
of Aitulagi x Mauga
x
Malota
of Aitulagi x
Tuanaitau
of Pavaiai x
Amituagai
of Ituau x
The
foregoing instrument of Cession (pages 1, 2, and 3) was duly signed by Leoso in
the presence of, and at the request of, the Chiefs and Representatives of the
Division of Fofo and Aitulagi, and by Pele in the presence of and at the
request of the Chiefs and Representatives of Sua and Vaifanua in Tutuila in
conformity with Samoan customs as to signatures to documents, in my presence
at Pago Pago on the 17th day of April, 1900 A.D., immediately prior to the
Raising of the United States Flag at the United States Naval Station, Tutuila.
/s/E.W.Gurr
Barrister
of the Supreme Court of
To All
To Whom These Presents Shall Come,
Greeting:
Whereas, the Islands of the Samoan Group lying east of Longitude 171 degrees west of Greenwich were, on the 16th day of February, 1900, by arrangement between the Governments of Germany, Great Britain, and the United States of America, placed under the protection of the Government of the United States of America;
And
Whereas, on the 17th day of April, in the year 1900, the Islands of Tutuila and
Aunuu, being portion of said Islands of the Samoan Group lying east of
Longitude 171 degrees west of Greenwich, were, by the chiefs and rulers of
Tutuila and Aunuu, ceded to and placed under the sovereignty and protection of
the United States of America, and the government of said Islands was thereupon
assumed by said United States;
And
Whereas, in administering said government, the Islands hereinafter described,
known as the Manu’a Islands, being the remainder of said Islands of the Samoan
Group lying east of Longitude 171 degrees west of Greenwich, have been under
the protection of the United States of America, and controlled and governed in
conjunction with the islands of Tutuila and Aunuu;
And
Whereas, at the request of Tuimanu’a, the King of Manu’a, and his chiefs, the
United States Flag was, on the 15th day of June, 1900, raised on the Islands of
Tau, of the Manu’a Group, for the purpose of granting protection to the people
of the Manu’a Islands;
And
Whereas, Tuimanu’a and his chiefs, being content and satisfied with the
justice, fairness, and wisdom of the government as hitherto administered by
the several Commandants of the United States Naval Station, Tutuila, and the
officials appointed to act with the Commandant, are desirous of placing the
Islands of Manu’a hereinafter described under the full and complete
sovereignty of the United States of America to enable said Islands, with
Tutuila and Aunuu, to become a part of the territory of said United States;
Now
Know Ye: (1) That we, Elesare Tuimanu’a and the Chief whose names are hereunder
subscribed, in consideration of the premises hereinbefore recited, have ceded, and,
by, These Presents Do Cede, unto the Government of the United States of
America, All Those, The Islands of the Manu’a Group, being the whole of eastern
portion of the Samoan Islands lying east of Longitude 171 degrees west of
Greenwich and known as Tau, Olosega, Ofu, and Rose Islands, and all other, the
waters and property and adjacent thereto, together with all sovereign rights
thereunto belonging and possessed by us.
To
hold the said ceded territory unto the Government of the
(2) It is intended and claimed by these Presents
that there shall be no discrimination in the suffrages and political privileges
between the present residents of said Islands and citizens of the United States
dwelling therein, and also that the rights of the Chiefs in each village and of
all people concerning their property according to their customs shall be
recognized.
Done at the place of Faleula in Tau, in triplicate, in both the Samoan and the English languages, on this 14th day of July, in the year 1904, A.D.
King of Manu’a
and
District Governor Tuimanu’a
District Clerk P. Logoai
District Court of
No.5 )
Held
at Tau, in Manu’a )
I
Hereby Certify that on this 16th day of. July, in the year 1904, before me,
Edwin W. Gurr, Judge of the District Court of Tutuila, personally appeared
Tuimanua, the Governor of Manu’a; Tufele, County Chief of Fitiuta; Misa, County
Chief of Ofu; Tuiolosega, County Chief of Olosega; Asoau County Chief of
Faleasao; and Logoai, District Clerk of Manu’a; personally known to me to be
the Tuimanua, high chiefs, and representatives of the people of the Islands of
Manu’a, who, each for himself, acknowledged that he executed the attached
Instrument of Cession, and affixed his seal thereto, freely and voluntarily,
for the uses and purposes therein mentioned.
In
Testimony Whereof I have caused the seal of the court to be affixed this 16th
day of July in the year 1904.
/s/E.W.Gurr
District
Judge of
ACCEPTANCE OF CESSIONS
The
Judge Advocate General of the Navy in 1921, referring to the above cessions,
said:
“These cessions were accepted
by the President of the
ACTS OF CONGRESS
Title 48 U.S.C. §§ 1661, 1662
provide:
Ҥ 1661. Islands of Tutuila, Manu'a, and eastern Samoa;
ceded to and accepted by
“(a)
The cessions by certain chiefs of the islands of Tutuila and Manu'a and certain
other islands of the Samoan group lying between the thirteenth and fifteenth
degrees of latitude south of the Equator and between the one hundred and
sixty-seventh and one hundred and seventy-first degrees of longitude west of
Greenwich, herein referred to as the islands of eastern Samoa, are accepted,
ratified, and confirmed, as of April 10, 1900, and July 16, 1904, respectively.
“(b)
The existing laws of the United States relative to public lands shall not apply
to such lands in the said islands of eastern Samoa; but the Congress of the
United States shall enact special laws for their management and disposition:
Pro vided, That all revenue from or proceeds of the same, except as regards
such part thereof as may be used or occupied for the civil, military, or naval
purposes of the United States or may be assigned for the use of the local
government, shall be used solely for the benefit of the inhabitants of the said
islands of eastern Samoa for educational and other public purposes.
“(c)
Until Congress shall provide for the government of such islands, all civil,
judicial, and military powers shall be vested in such person or persons and
shall be exercised in such manner as the President of the United States shall
direct; and the President shall have power to remove said officers and fill the
vacancies so occasioned. (Feb. 20, 1929, ch. 281,45 Stat. l253; May22, 1929,
ch. 6, 46 Stat. 4.)”
§ 1662. Sovereignty of
“The sovereignty of the
Public
Law 95-556,
Be it enacted by the Senate and House of
Representatives of the
Sec. 2. (a) The Delegate shall be elected by the people qualified to vote for the popularly elected officials of the Territory of American Samoa at the general Federal election of 1980, and thereafter at such general election every second year thereafter. The Delegate shall be elected at large, by separate ballot, and by a majority of the votes cast for the office of Delegate. If no candidate receives such majority, on the fourteenth day following such election a runoff election shall be held between the candidates receiving the highest and the second highest number of votes cast for the office of Delegate. In case of a permanent vacancy in the office of Delegate, by reason of death, resignation, or permanent disability, the office of Delegate shall remain vacant until a successor shall have been elected and qualified.
(b) The term of the Delegate shall commence on
the third day of January following the date of the election.
Sec.
3. To be eligible for the office of Delegate a candidate shall;
(a) be at least twenty-five years of age on the
date of the election;
(b) have been a
(c) be an inhabitant of the
(d) not be, on the date of the election, a
candidate for any other office.
Sec.
4. Acting pursuant to legislation enacted in accordance with section 9, article
II of the American Samoan Revised Constitution, the territorial government will
determine the order of names on the ballot for election of Delegate, the method
by which a special election to fill a vacancy in the office of Delegate shall
be conducted, the method by which ties between candidates for the office of
Delegate shall be resolved, and all other matters of local application pertaining
to the election and the office of Delegate not otherwise expressly provided for
herein.
Sec. 5. Until the Rules of the House of Representatives are amended to provide otherwise, the Delegate from American Samoa shall receive the same compensation, allowances, and benefits as a Member of the House of Representatives, and shall be entitled to whatever privileges and immunities that are, or hereinafter may be, granted to the nonvoting Delegate from the Territory of Guam: Provided, That the clerk hire allowance for the Delegate from American Samoa shall be a single per annum gross rate that is 50 per centum of the clerk hire allowance of a Member of the House of Representatives.
Approved
*Amended to read “owe allegiance to the
Section 3 of Public Law
95-584,
95-556,
Sec. 3. Subsection 3(b) of the
Act entitled “An Act to provide that the Territory of American Samoa be
represented by a nonvoting Delegate to the United States House of Representatives,
and for other purposes” is hereby amended to read as follows: “(b) owe
allegiance to the United States”.
Approved
ESTABLISHMENT OF NAVAL STATION
General Order Navy Department No.
540 Washington, February 19, 1900 The Department
publishes herewith, for the information and guidance of the service, a copy of
an Executive Order, dated February 19, 1900, placing certain islands of the
Samoan Group under the control of the Navy Department.
The Islands of Tutuila, of the Samoan Group and all
other islands of the group east of Longitude 171 degrees west of
William McKinley.
In
accordance with the foregoing, the Islands of Tutuila, of the Samoan Group, and
all other islands of the group east of Longitude 171 degrees west of Greenwich,
are hereby established into a Naval Station to be known as the Naval Station,
Tutuila, and to be under the command of a Commandant.
John D. Long,
Secretary
OPINION OF THE JUDGE ADVOCATE OF THE NAVY
The
Judge Advocate General of the Navy in 1921 said: “The Government established by
the President of the
TRANSFER OF ADMINISTRATION TO THE SECRETARY OF THE INTERIOR
Transfer of Administration of
1. The
administration of
2. The Department of the Navy and the Department
of the Interior shall proceed with the plans for the transfer of administration
of
3. When the transfer of administration made by this order becomes effective, the Secretary of the Interior shall take such action as may be necessary and appropriate, and in harmony with applicable law, for the administration of civil government in American Samoa.
4. The executive departments and agencies of the Government are authorized and directed to cooperate with the Departments of the Navy and Interior in the effectuation of the provisions of this order.
5. The said Executive order of
Sec. 1
Purpose. The purpose of this document
is to delimit the extent and nature of the authority of the Government of
American Samoa, as it will be exercised under the jurisdiction of the
Secretary of the Interior pursuant to Executive Order No. 10264 of June 29,
1951, pending enactment of organic legislation by the Congress, and to
prescribe the manner in which the relationships of the Government of American
Samoa with the Congress, with the Department of the Interior and other Federal
agencies, and with foreign governments and international bodies shall be
established and maintained.
Sec. 2
Laws and legislative authority. (a)
The laws of American Samoa in effect on July 1, 1951 and the procedure for
formulating and amending the laws shall remain in effect until changed by
competent authority: Provided, however,
That the power formerly exercised by the Secretary of the Navy or his
designated representative shall be exercised by the Secretary of the Interior
or his designated representative.
(b) No
measure affecting the powers of the legislature shall become effective without
the approval of the Secretary of the Interior.
Sec. 3
Executive authority. (a) The
executive authority of the Government of American Samoa shall be vested in the
Governor and other officials appointed pursuant to law, and shall be exercised
under the supervision and direction of the Secretary of the Interior.
(b)
The relations of the Government of American Samoa with the Congress of the
(c)
With freedom to consult directly with the Secretary when necessary, the
Governor of American Samoa shall normally communicate with the Secretary of the
Interior through the Deputy Assistant Secretary for Territorial Affairs. The
Governor shall be responsible for all
(d)
Initial contact by the Government of American Samoa with Federal agencies
outside the Department of the Interior on other than routine matters shall be
established through the Deputy Assistant Secretary for Territorial Affairs of
the Department of the Interior. Once the relationship has been established,
direct contact between the Government of American Samoa and the Federal
agencies concerned may be maintained and the Deputy Assistant Secretary for
Territorial Affairs kept informed of significant developments in the
relationship. Federal agencies should be
encouraged to extend their normal Federal services and assistance to
(e) Communications
of the Government of American Samoa with foreign governments and international
bodies shall be cleared through the Department of the Interior for transmittal
by the Department of State, unless some other procedure is approved by the
Secretary of the Interior.
Sec. 4
Judicial authority. The judicial
authority shall be independent of the executive and legislative powers.
Budgetary requests for the territorial judiciary, with supporting justification,
should be drawn up by the Chief Justice of American Samoa and submitted for the
approval of the Department of the Interior by the Governor of American Samoa as
a separate item in the annual budget for
PROVISION FOR ELECTED GOVERNORAND LIEUTENANT
GOVERNOR, AND CREATION OF OFFICE OF GOVERNMENT COMPTROLLER
Sec. 1
Purpose. The purpose of this order is
to provide for an elected Governor and Lieutenant Governor in
Sec. 2
Election of Governor and Lieutenant
Governor. In accordance, therefore, with the expressed wishes of the
electorate and the subsequent action of the Legislature of American Samoa,
Article IV of the Revised Constitution of American Samoa is hereby revised to
provide as follows:
The
Governor and the Lieutenant Governor of American Samoa shall, commencing with
the first Tuesday following the first Monday, in November, 1977, be popularly
elected and serve in accordance with the laws of American Samoa.
Sec. 3
Creation of the Office of Government
Comptroller. There is hereby created in the Office of the Secretary of
Interior the Office of Government Comptroller for
(a)
The principal responsibility of the Government Comptroller for
program reviews. In addition,
other types of audits shall be made as appropriate at the request of the
Secretary of Interior. All transactions of the Government of American Samoa
shall be audited in accordance with the U.S. Comptroller General’s “Standards
for Audit of Governmental Organizations, Programs, Activities and Functions.”
The Government Comptroller for
(b) If
the Government Comptroller for
(c) An
audit decision by the Government Comptroller for
(d) As
soon after the close of each fiscal year as the accounts of said fiscal year
may be examined and adjusted, the Government Comptroller for American Samoa
shall submit to the Governor of American Samoa, and to the Secretary of
Interior an annual report of the fiscal condition of the government showing the
receipts and disbursements of the various departments and agencies of the
government together with his comments and recommendations. The Secretary shall
submit such report, along with the Secretary’s comments and recommendations,
to the appropriate Committees of the U.S. Congress. Interim audits may be
performed quarterly so as to complete the annual audit and report on a timely
basis and to provide for the early identification of major problem areas.
(e)
The Government Comptroller for
(f)
All departments, agencies, and establishments shall furnish to the Government
Comptroller for American Samoa such information regarding the powers, duties,
activities, organizations, financial transactions, and methods of business of
their respective offices as he may from time to time require of them; and the
Government Comptroller for American Samoa or any of his assistants or
employees, when duly authorized by him, shall, for the purpose of securing such
information, have access to and the right to examine any books, documents,
papers, or records of any such department, agency or establishment.
(g) In addition to his other duties, the Government
Comptroller for
Sec. 4
Amendment of Executive Order No. 2657.
Section 3 of Executive [sic] Order No. 2657, as amended, dealing with executive
authority of the Government of American Samoa, is hereby superseded.
Sec. 5
Ultimate Responsibility of the Secretary.
Until the Congress of the
Sec. 6
Effective Date. This Order is
effective immediately. Its provisions shall remain in effect until amended,
superseded or revoked, whichever occurs first.
Reviser’s Comment: Former Section 4, enacted by Secretary’s Order
No. 3009, Amendment No. 1,
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.
5. Protection
against unreasonable searches and seizures.
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.
1. Legislature.
2. Membership.
5. Elections.
7. Qualifications of electors.
13. Vacancies.
14. Public sessions.
16. Title.
17. Amendments and revisions by
reference.
18. Appointment to new offices.
21. Quorum.
22. Qualifications
and officers.
24. Special or
exclusive privileges not to be granted; local or special laws.
25. Compensation
of the Legislature.
Judicial
Branch
2. Independence of the
courts.
2. Governor.
3. Secretary.
4. Secretary
of Samoan Affairs.
5. Militia and posse comitatus.
7. Supervision and control by Governor.
12. Removal of
officers; powers and duties of officers.
13. Publication of laws.
Miscellaneous
1. Officers.
3. Amendments.
4. Revision of the Constitution.
5. Existing rights and liabilities.
6. Oaths.
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.
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.
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.
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
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.
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.
Notice and hearing afforded to satisfy procedural
due process need not be full judicial hearing.
Am. Samoa. Const. Art. I § 2.
Ferstle v.
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.
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.
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.
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.
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.
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.
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.
A "taking" of property by ASG requires
it to provide just compensation.
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. "
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.
No. "taking" occurs when government
merely restrains property uses which are tantamount to public nuisances.
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.
Requiring criminal counsel to serve without
compensation is generally not an unconstitutional taking of property without
just compensation.
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.
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.
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.
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.
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.
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.
A non-capital criminal defendant is not
constitutionally or procedurally entitled to a list of the prosecution's
prospective witnesses.
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.
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
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.
Cross-References:
Government policy to protect persons against
alienation of their lands.
Treaty of Cession of
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.
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.
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.
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.
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.
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.
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.
A warrantless arrest
is improper if the government does not present evidence on which a court may
judge "reasonableness." Rev.
Const. Am.
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.
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.
Generally, an
arrest, whether with or without a warrant, must be supported by probable
cause. Rev. Const. Am.
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.
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.
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
“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.
Right to effective assistance of counsel applies
in
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.
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.
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.
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.
The entire record, and not simply the information
or indictment, is scrutinized in a double-jeopardy challenge.
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
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
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
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
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
Case Notes:
Territorial
constitution contains no equal protection clause. Rev. Const. Am. Samoa art. I.
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.
Article II
(a) No
such legislation may be inconsistent with, this Constitution or the laws of the
(b) No
such legislation may conflict with treaties or international agreements of the
(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
(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
Territorial laws which are inconsistent with applicable
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,
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
Representative
District No. 9, Ma’uputasi No. 3 —
composed
of the
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
Representative
District No. 12, Ituau — composed of the
Villages
of Nu’uuli, Fagasa, Matuu, 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,
Iliili 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
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
A
delegate from
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
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
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
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
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.
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
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
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
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
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
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.
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,
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 seat despite this section’s provision granting
legislature power to judge elections and qualifications of its members. 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).
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 not 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
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.,
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
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
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
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.
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.
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).
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.
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
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
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
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
Section 2. Existing laws. All
laws of
Case Notes:
Territorial laws
which are inconsistent with applicable
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
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.”
Stewart L. Udall
Secretary
of the interior
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
Le’iato. T. Mulitauaopele-Sui’ava
Fautanu, P. Mulitauaopele-Tamotu
For and on behalf of
Masaniai, T. Tagoa’i,
L.
Tuiasosopo, T.
For and on behalf of
Utu, S. Lauvao-Sisifo
Fonoti. G.
For and on behalf of Ma’uputasi County.
Leota, T. Fano,
S.
Fanene, F.
Tua’olo-Lemoe Unutoa,
S.L.T.
Tua’olo-Maliuga Liufau,
M.
Mageo, F. Faumuina-Ioane
Lutu.
Mailo. P.
For and on
behalf of
Rapi
Sotoa Tauala, M.
For and on behalf of
Laapui,
F.
For and on behalf of
Ma’o. T.
For and on behalf of
Tuiolosega-Tuumamao
For and on behalf of
Faiivae.
E.H. Salave’a,
O.
Leoso.
M. Tuveve,
S. A.
To'omata.
T. Noa,
L.
For and on behalf of
Lagafuaina. L. Atuatasi,
M.
Savusa,
S. Alo,
S.
Savea, P.
For and on behalf of
Misa, T. Velega,
P.
For and on behalf of
Satele. M. Uiagalelei,
S.
Taulapapa. E.L.
For and on behalf of
For and on behalf of
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
CONSTITUTION OF THE
Sections:
2. House of
Representatives; how constituted; power of impeachment
3. The Senate;
how constituted; impeachment trials
4. Election of
Senators and Representatives
5. Quorum;
journals: meetings; adjournments
6. Compensation;
privileges; disabilities
7. Procedure in
passing bills and resolutions
9. Limitations
upon powers of Congress
10. Restrictions upon powers of
states
1. President and Vice
President
3. Messages to Congress:
additional powers and duties
4. Impeachment
1. Judicial power; tenure of
office
2. Jurisdiction
3. Treason; proof and
punishment
1. Full faith
and credit among states
2. Privileges
and immunities; fugitives
3. Admission of
new states: power over territory and other property
4. Guarantee of
republican form of government
Amendment
of the Constitution
Debts;
supremacy; oath
Ratification
and establishment
Footnotes
to the
Sections;
1. Freedom
of religion, speech and press: peaceful assemblage; petition of grievances
3. Soldiers
denied quarters in homes
5. Capital
crimes; double jeopardy; self-incrimination; due process: just compensation for property
6. Jury trial for crimes,
and procedural rights
7. Civil
trials
8. Excessive
bail, fines, punishments
9. Construction
of enumerated rights
13.
§ 1. Slavery abolished
§ 2. Enforcement
14. § 1. Citizenship rights not to be abridged by states
§ 2. Apportionment
of Representatives in Congress
§ 3. Persons disqualified from holding office
§ 4. What public debts are void
15. § 1. Right to vote not to be abridged
16. Income
tax
17. Popular
election of Senators
19. Woman suffrage
20. § 1. Terms of
office
§ 2. Time of convening Congress
§ 4. Election of the President
§ 5. Effective date of sections 1 and 2
§ 6. Ratification within seven years
21. § 1. National liquor prohibition repealed
§ 2. Transportation of liquor into “dry” state
§ 3. Ratification
within seven years
22.
§ 1. Limitation on presidential terms
§
2. Ratification within seven years
23. § 1. Electors for District of Columbia
24. § 1. No
franchise denied by nonpayment of poll tax
25. § 1. Succession of Vice President
§ 2. Nomination of Vice President;
confirmation
§ 3. Determination by President of inability
to act; Vice President as Acting President
26. § 1. Extension of right to vote to
citizens eighteen years of age or older
27. Compensation of
Senators and Representatives
Publisher's Note: Headings for the articles, sections and amendments
of the Constitution have been provided by the publisher and are of no legal
effect.
We the
people of the
§ 1. Legislative powers.
All
legislative Powers herein granted shall be vested in a Congress of the
§ 2. House of Representatives; how constituted; power of impeachment.
The
House of Representatives shall be composed of Members chosen every second Year
by the People of the several States, and the Electors in each State shall have
the Qualifications requisite for Electors of the most numerous Branch of the
State Legislature.
No
person shall be a Representative who shall not have attained to the Age of
twenty five Years, and been seven Years a Citizen of the
¹Representatives and direct
Taxes shall be apportioned among the several States which may be included
within this
When
vacancies happen in the Representation from any State, the Executive Authority
thereof shall issue Writs of Election to fill such Vacancies.
The
House of Representatives shall chuse their Speaker and other Officers; and
shall have the sole Power of Impeachment.
§ 3. The Senate; how constituted; impeachment trials.
2The
Senate of the
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
No
person shall be a Senator who shall not have attained to the Age of thirty
Years, and been nine Years a Citizen of the
The
Vice President of the
The
Senate shall chuse their other Officers, and also a President pro tempore, in
the Absence of the Vice President, or when he shall exercise the Office of President
of the
The
Senate shall have the sole Power to try all Impeachments. When sitting for that
Purpose, they shall be on Oath or Affirmation. When the President of the
Judgment
in Cases of Impeachment shall not extend further than to removal from Office,
and disqualification to hold and enjoy any Office of honor, Trust or Profit
under the
§ 4. Election of Senators and Representatives.
The
Times, Places and Manner of holding Elections for Senators and Representatives,
shall be prescribed in each State by the Legislature thereof: but the Congress
may at any time by Law make or alter such Regulations, except as to the Places
of choosing Senators.
3The
Congress shall assemble at least once in every Year, and such Meeting shall be
on the first Monday in December, unless they shall by Law appoint a different
Day.
§ 5. Quorum; journals; meetings: adjournments.
Each
House shall be the Judge of the Elections, Returns and Qualifications of its
own Members, and a Majority of each shall constitute a Quroum to do Business;
but a smaller Number may adjourn from day to day, and may be authorized to
compel the Attendance of absent Members, in such Manner, and under such
Penalties as each House may provide.
Each House
may determine the Rules of its Proceedings, punish its Members for disorderly
Behavior, and, with the Concurrence of two thirds, expel a Member.
Each
House shall keep a Journal of its Proceedings, and from time to time publish
the same, excepting such Parts as may in their Judgment require Secrecy; and
the Yeas and Nays of the Members of either House on any question shall, at the
Desire of one fifth of those present, be entered on the Journal.
Neither
House, during the Session of Congress shall, without the Consent of the other
adjourn for more than three days, nor to any other Place than that in which the
two Houses shall be sitting.
§ 6. Compensation; privileges; disabilities.
The
Senators and Representatives shall receive a Compensation for their Services,
to be ascertained by Law, and paid out of the Treasury of the
No
Senator or Representative shall, during the Time for which he was elected, be
appointed to any civil Office under the Authority of the United States, which
shall have been created, or the Emoluments whereof shall have been increased
during such time: and no Person holding any Office under the United States,
shall be a Member of either House during his Continuance in Office.
§ 7. Procedure in passing bills and resolutions.
All
Bills for raising Revenue shall originate in the House of Representatives; but
the Senate may propose or concur with Amendments as on other Bills.
Every
Bill which shall have passed the House of Representatives and the Senate,
shall, before it become a Law, be presented to the President of the United
States; If he approves he shall sign it, but if not he shall return it, with
his Objections to that House in which it shall have originated, who shall
enter the Objections at large on their Journal, and proceed to reconsider it.
If after such Reconsideration two thirds of that House shall agree to pass the
Bill, it shall be sent, together with the Objections, to the other House, by
which it shall likewise be reconsidered, and if approved by two thirds of that
House, it shall become a Law. But in all such Cases the Votes of both Houses
shall be determined by Yeas and Nays, and the Names of the Persons voting for
and against the Bill shall be entered on the Journal of each House respectively.
If any Bill shall not be returned by the President within ten Days (Sundays
excepted) after it shall have been presented to him, the Same shall be a Law,
in like Manner as if he had signed it, unless the Congress by their adjournment
prevent its Return, in which Case it shall not be a Law.
Every
Order, Resolution, or Vote to which the Concurrence of the Senate and House of
Representatives may be necessary (except on a question of Adjournment) shall be
presented to the President of the United States; and before the Same shall take
Effect, shall be approved by him, or being disapproved by him, shall be repassed
by two thirds of the Senate and House of Representatives, according to the
Rules and Limitations prescribed in the Case of a Bill.
§ 8. Powers of Congress.
The Congress shall have Power To lay and
collect Taxes, Duties, Imposts and Excises to pay the Debts and provide for the
common Defence and general Welfare of the
To
borrow Money on the credit of the
To
regulate Commerce with foreign Nations, and among the several States, and with
the Indian Tribes:
To
establish a uniform Rule of Naturalization. and uniform Laws on the subject of
Bankruptcies throughout the
To
coin Money, regulate the Value thereof, and of foreign Coin, and fix the
Standard of Weights and Measures;
To
provide for the Punishment of counterfeiting the Securities and current Coin
of the
To
establish Post Offices and post Roads;
To
promote the Progress of Science and useful Arts, by securing for limited Times
to Authors and Inventors the exclusive Right to their respective Writings and
Discoveries:
To
constitute Tribunals inferior to the Supreme Court;
To
define and punish Piracies and Felonies committed on the high Seas, and
Offences against the Laws of Nations;
To
declare War, grant Letters of Marque and Reprisal, and make Rules concerning
Captures on Land and Water;
To
raise and support Armies, but no Appropriation of Money to that Use shall be
for a longer Term than two Years;
To
provide and maintain a Navy;
To
make rules for the Government and Regulation of the land and naval Forces;
To
provide for calling forth the Militia to execute the Laws of the
To
provide for organizing, arming, and disciplining, the Militia, and for
governing such Part of them as may be employed in the Service of the United
States reserving to the States respectively, the Appointment of the Officers
and the Authority of training the Militia according to the discipline
prescribed by Congress;
To
exercise exclusive Legislation in all Cases whatsoever, over such District (not
exceeding ten Miles square) as may by Cession of particular States, and the
Acceptance of Congress become the Seat of the Government of the United States,
and to exercise like Authority over all Places purchased by the Consent of the
Legislature of the State in which the Same shall be, for the Erection of Forts,
Magazines, Arsenals, dock-Yards, and other needful Buildings; — And
To
make all Laws which shall be necessary and proper for carrying into Execution
the foregoing Powers and all other Powers vested by this Constitution in the
Government of the United-States, or in any Department or Officer thereof.
§ 9 Limitations upon powers of Congress.
The
Migration or Importation of such Persons as any of the States now existing
shall think proper to admit, shall not be prohibited by the Congress prior to
the Year one thousand eight hundred and eight, but a Tax or duty may be imposed
on such importation, not exceeding ten dollars for each Person.
The
Privilege of the Writ of Habeas Corpus shall not be suspended unless when in
Cases of Rebellion or Invasion the public Safety may require it.
No
bill of Attainder or ex post facto Law shall be passed.
No
Capitation, or other direct Tax shall be laid, unless in Proportion to the
Census or Enumeration here in before directed to be taken.
No Tax
or Duty shall be laid on Articles exported from any State.
No
Preference shall be given by any Regulation of Commerce or Revenue to the Ports
of one State over those of another: nor shall Vessels bound to, or from, one
State, be obliged to enter, clear, or pay Duties in another.
No
Money shall be drawn from the Treasury, but in Consequence of Appropriations
made by Law: and a regular Statement and Account of the Receipts and
Expenditures of all public Money shall be published from time to time.
No
Title of Nobility shall be granted by the
§ 10. Restrictions upon powers of states.
No
State shall enter into any Treaty,
No
State shall. without the Consent of the Congress, lay any Imposts or Duties on
Imports or Exports, except what may be absolutely necessary for executing its
inspection Laws: and the net Produce of all Duties and Imposts, laid by any
State on Imports or Exports, shall be for the Use of the Treasury of the United
States; and all such Laws shall be subject to the Revision and Control of the
Congress.
No
State shall, without the Consent of Congress lay any Duty of Tonnage, keep
Troops, or Ships of War in time of Peace, enter into any Agreement or Compact
with another State or with a foreign Power, or engage in War, unless actually
invaded, or in such imminent Danger as will not admit of delay.
§ 1. President and Vice President.
The
executive Power shall be vested in a President of the
Each
State shall appoint, in such Manner as the Legislature thereof may direct, a
Number of Electors equal to the whole Number of Senators and Representatives to
which the State may be entitled in the Congress: but no Senator or
Representative, or Person holding an Office of Trust or Profit under the
5The
Electors shall meet in their respective States and vote by Ballot for two
Persons of whom one at least shall not be an Inhabitant of the same State with
themselves. And they shall make a List
of all the Persons voted for, and of the Number of Votes for each; which List
they shall sign and certify, and transmit sealed to the Seat of the Government
of the
The Congress
may determine the Time of chusing the Electors, and the Day on which they shall
give their Votes: which Day shall be the same throughout the
No
Person except a natural born Citizen, or a Citizen of the United States at the
time of the Adoption of this Constitution shall be eligible to the Office of
President: neither shall any Person be eligible to that Office who shall not
have attained to the Age of thirty five Years, and been fourteen Years a
Resident within the United States.
In Case
of the Removal of the President from Office, or of his Death, Resignation, or
Inability to discharge the Powers and Duties of the said Office, the same shall
devolve on the Vice President and the Congress may by Law provide for the Case
of Removal, Death, Resignation or Inability, both of the President and Vice
President, declaring what Officer shall then act as President, and such
Officer shall act accordingly, until the Disability be removed, or a President
shall be elected.
The
President shall, at stated Times, receive for his Services, a Compensation,
which shall neither be increased nor diminished during the Period for which he
shall have been elected, and he shall not receive within that Period any other
Emolument from the
Before
he enter on the Execution of his Office he shall take the following Oath or
Affirmation: — “I do solemnly swear (or affirm) that I will faithfully execute
the Office of President of the United States, and will to the best of my
Ability, preserve, protect and defend the Constitution of the United States.”
§ 2. Powers of the President.
The
President shall be Commander in Chief of the Army and Navy of the United
States, and of the Militia of the several States, when called into the actual
Service of the United States; he may require the Opinion, in writing, of the
principal Officer in each of the executive Departments, upon any Subject
relating to the Duties of their respective Offices and he shall have Power to
grant Reprieves and Pardons for Offences against the United States except in
Cases of Impeachment.
He
shall have Power, by and with the Advice and Consent of the Senate, to make
Treaties provided two thirds of the Senators present concur; and he shall
nominate, and by and with the Advice and Consent of the Senate, shall appoint
Ambassadors, other public Ministers and Consuls. Judges of the supreme Court,
and all other Officers of the
The
President shall have Power to fill up all Vacancies that may happen during the
Recess of the Senate by granting Commissions which shall expire at the End of
their next Session.
§ 3. Messages to Congress;
additional powers and duties.
He
shall from time to time give to the Congress Information of the State of the
Union and recommend to their Consideration such Measures as he shall judge
necessary and expedient: he may, on extraordinary Occasions, convene both
Houses, or either of them, and in Case of Disagreement between them, with
Respect to the Time of Adjournment, he may adjourn them to such Time as he
shall think proper; he shall receive Ambassadors and other public Ministers; he
shall take Care that the Laws be faithfully executed, and shall Commission all
the Officers of the United States.
§ 4. Impeachment.
The
President, Vice President and all civil Officers of the
§ 1. Judicial power: tenure of office.
The
judicial Power of the
§ 2. Jurisdiction.
6The
judicial Power shall extend to all Cases, in Law and Equity, arising under this
Constitution the Laws of the United States, and Treaties made, or which shall
be made, under their Authority; — to all Cases affecting Ambassadors, other
public Ministers and Consuls; — to all Cases of admiralty and maritime
Jurisdiction: —to Controversies to which the United States shall be a Party; —
to Controversies between two or more States; — between a State and Citizens of
another State: — between Citizens of different States; — between Citizens of
the same State claiming Lands under Grants of different States. and between a
State, or the Citizens thereof, and foreign States, Citizens or Subjects.
In all
Cases affecting Ambassadors, other public Ministers and Consuls, and those in
which a State shall be Party, the supreme Court shall have original
Jurisdiction. In all the other Cases before mentioned, the supreme Court shall
have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and
under such Regulations as the Congress shall make.
The
Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such
Trial shall be held in the State where the said Crimes shall have been
committed; but when not committed within any State, the Trial shall be at such
Place or Places as the Congress may by Law have directed.
§ 3. Treason; proof and punishment.
Treason
against the
Treason unless on the
Testimony of two Witnesses to the same overt Act, or on Confession in open
Court.
The
Congress shall have Power to declare the Punishment of Treason, but no
Attainder of Treason shall work Corruption of Blood, or Forfeiture except
during the Life of the Person attainted.
§ 1. Full faith and credit among states.
Full
Faith and Credit shall be given in each State to the public Acts, Records, and
judicial Proceedings of every other State. And the Congress may by general
Laws prescribe the Manner in which such Acts, Records and Proceedings shall be
proved, and the Effect thereof.
§ 2. Privileges and immunities: fugitives.
The
Citizens of each State shall be entitled to all Privileges and Immunities of
Citizens in the several States.
A
person charged in any State with Treason, Felony, or other Crime, who shall
flee from Justice, and be found in another State, shall on Demand of the
executive Authority of the State from which he fled, be delivered up, to be
removed to the State having Jurisdiction of the Crime.
No
Person held to Service on Labour in one State, under the Laws thereof, escaping
into another, shall, in Consequence of any Law or Regulation therein, be
discharged from such Service or Labour, but shall be delivered up on Claim of
the Party to whom such Service or Labour may be due.
§ 3. Admission of new states;
power over territory and other property.
New
States may be admitted by the Congress into this Union; but no new State shall
be formed or erected within the Jurisdiction of any other State; nor any State
be formed by the Junction of two or more States, or Parts of States, without
the Consent of the Legislatures of the States concerned as well as of the
Congress.
The
Congress shall have Power to dispose of and make all needful Rules and
Regulations respecting the Territory or other Property belonging to the
§ 4. Guarantee of republican
form of government.
The
Amendment
of the Constitution
The Congress whenever two
thirds of both Houses shall deem it necessary, shall propose Amendments to this
Constitution, or on the Application of the Legislatures of two thirds of the
several States, shall call a Convention for proposing Amendments, which, in
either Case shall be valid to all Intents and Purposes, as Part of this
Constitution, when ratified by the Legislatures of three fourths of the
several States, or by Conventions in three fourths thereof, as the one or the other
Mode of Ratification may be proposed by the Congress; Provided that no
Amendment which may be made prior to the Year One thousand eight hundred and
eight shall in any Manner affect the first and fourth Clauses in the Ninth
Section of the first Article: and that no State, without its Consent, shall be
deprived of its equal Suffrage in the Senate.
Article VI
All
Debts contracted and Engagements entered into, before the Adoption of this
Constitution shall be as valid against the
This
Constitution, and the laws of the United States which shall be made in
Pursuance thereof: and all Treaties made, or which shall be made under the
Authority of the United States, shall be the supreme Law of the Land; and the
Judges in every State shall be bound thereby, any Thing in the Constitution or
Laws of any State to the Contrary notwithstanding.
The
Senators and Representatives before mentioned and the Members of the several
State Legislatures and all executive and judicial Officers, both of the United
States and of the several States, shall be bound by Oath or Affirmation to
support this Constitution; but no religious Test shall ever be required as a
Qualification to any Office or public Trust under the United States.
Article VII
The
Ratification of the Conventions of nine States shall be sufficient for the
Establishment of this Constitution between the States so ratifying the Same.
Done
in Convention by the Unanimous Consent of the States present the Seventeenth
Day of September in the Year of our Lord one thousand seven hundred and eighty
seven and of the
G.o
and deputy from
Attest William Jackson Secretary
John
Langdon Nicholas
Gilman
Nathaniel
Gorham Rufus
King
Wm.
Saml. Johnson Roger
Sherman
Alexander
Hamilton
Wil.
Livingston Wm.
David
Brearley Jona.
B.
Franklin Thos.
FitzSimons
Thomas
Mifflin Jared
Ingersoll
Robt.
Morris James
Wilson
Geo. Clymer Gouv.
Morris
Geo.
Read Jaco.
Broom
Gunning
John
Dickinson
James
McHenry Danl.
Carroll
Dan of
John
Blair John
Win.
Blount Hu.
Williamson
Richd.
Dobbs Spaight
J.
Rutledge Charles
Pinckney
Charles Cotesworth Pinckney Pierce
William
Few Abr.
Baldwin
7ARTICLES IN ADDITION TO, AND AMENDMENT OF THE
CONSTITUTION OF THE UNITED STATES OF AMERICA PROPOSED BY CONGRESS, AND
RATIFIED BY THE LEGISLATURES OF THE SEVERAL STATES, PURSUANT TO THE FIFTH
ARTICLE OF THE ORIGINAL CONSTITUTION.
Amendments
Freedom
of religion, speech and press; peaceful assemblage; petition of grievances Congress shall make no law 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.
Right to bear arms
A well regulated militia,
being necessary to the security of a
Third Amendment
Soldiers denied quarters in homes
No
Soldier shall, in time of peace be quartered in any house, without the consent
of the owner, nor in time of war, but in a manner to be prescribed by law.
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.
Capital crimes; double jeopardy; self-incrimination; due process; just
compensation for property
No
person shall be held to answer for a capital, or otherwise infamous crime,
unless on a presentment or indictment of a Grand Jury, except in cases arising
in the land or naval forces, or in the militia, when in actual service in time
of war or public danger; nor shall any person be subject for the same offense
to be twice put in jeopardy of life or limb: nor shall be compelled in any
criminal case to be a witness against himself, nor be deprived of life,
liberty, or property, without due process of law: nor shall private property be
taken for public use, without just compensation.
Jury trial for crimes, and procedural rights
In all
criminal prosecutions, the accused shall enjoy the right to a speedy and public
trial, by an impartial jury of the State and district wherein the crime shall
have been committed, which district shall have been previously ascertained by
law, and to be informed of the nature and cause of the accusation; 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.
Civil trials
In
Suits at common law, where the value in controversy shall exceed twenty dollars
the right of trial by jury shall be preserved, and no fact tried by a jury,
shall be otherwise reexamined in any Court of the United States, than
according to the rules of the common law.
Excessive bail, fines, punishments
Excessive
bail shall not be required nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
Construction of enumerated rights
The
enumeration in the Constitution of certain rights, shall not be construed to
deny or disparage others retained by the people.
Reserved powers to states
The
powers not delegated to the
Suits against states
The
Judicial power of the
Presidential electors
The
Electors shall meet in their respective states, and vote by ballot for
President and Vice-President, one of whom, at least, shall not be an inhabitant
of the same state with themselves: they shall name in their ballots the person
voted for as President, and in distinct ballots the person voted for as
Vice-President and they shall make distinct lists of all persons voted for as
President and of all persons voted for as Vice-President and of the number of
votes for each, which lists they shall sign and certify, and transmit sealed to
the seat of the government of the United States, directed to the President of
the Senate; — The President of the Senate shall, in the presence of the Senate
and House of Representatives, open all the certificates and the votes shall
then be counted; — The person having the greatest number of votes for
President, shall be the President, if such number be a majority of the whole
number of Electors appointed: and if no person have such majority, then from
the persons having the highest numbers not exceeding three on the list of those
voted for as President, the House of Representatives shall chuse immediately,
by ballot the President. But in choosing the President, the votes shall be
taken by states, the representation from each state having one vote; a quorum
for this purpose shall consist of a member or members from two-thirds of the
states, and a majority of all the states shall be necessary to a choice. And if
the House of Representatives shall not chuse a President whenever the right of
choice shall devolve upon them, before the fourth day of March next following,
then the Vice-President shall act as President, as in the case of the death or
other constitutional disability of the President. — The person having the
greatest number of votes as Vice-President shall be the Vice-President, if such
number be a majority of the whole number of Electors appointed, and if no
person have a majority, then from the two highest numbers on the list, the
Senate shall chuse the Vice-President; a quorum for the purpose shall consist
of two-thirds of the whole number of Senators, and a majority of the whole
number shall be necessary to a choice. But no person constitutionally
ineligible to the office of President shall be eligible to that of
Vice-President of the
Thirteenth Amendment
§ 1. Slavery
abolished
Neither
slavery nor involuntary servitude except as a punishment for crime whereof the
party shall have been duly convicted, shall exist within the
§ 2. Enforcement
Congress
shall have power to enforce this article by appropriate legislation.
Fourteenth Amendment
§ 1. Citizenship
rights not to be abridged by states
All
persons born or naturalized in the
§ 2. Apportionment
of Representatives in Congress
Representatives
shall be apportioned among the several States according to their respective
numbers, counting the whole number of persons in each State, excluding Indians
not taxed. But when the right to vote at any election for the choice of
electors for President and Vice President of the United States,
Representatives in Congress, the Executive and Judicial officers of a State, or
the members of the Legislature thereof, is denied to any of the male
inhabitants of such State, being twenty-one years of age, and citizens of the
United States, or in any way abridged, except for participation in rebellion,
or other crime, the basis of representation therein shall be reduced in the
proportion which the number of such male citizens shall bear to the whole
number of male citizens twenty-one years of age in such State.
§ 3. Persons disqualified from holding
office
No
person shall be a Senator or Representative in Congress or elector of
President and Vice President, or hold any office, civil or military under the
United States, or under any State who, having previously taken an oath, as a
member of Congress or as an officer of the United States or as a member of any
State legislature, or as an executive or judicial officer of any State to
support the Constitution of the United States shall have engaged in
insurrection or rebellion against the same, or given aid or comfort to the
enemies thereof. But Congress may by a vote of two-thirds of each House, remove
such disability.
§ 4. What public debts are void
The
validity of the public debts of the
§ 5. Power
to enforce article
The
Congress shall have power to enforce, by appropriate legislation the provisions
of this article.
Case
Notes:
High Court holds that territory of American Samoa
is not a state” within 14th amendment, thereby precluding application in
territory of federal civil rights laws intended to remedy deprivations of
rights under the amendment. Ferstie v. A.S.G., 4 A.S.R. 2d 160 (1987) (mem).
Fifteenth Amendment
§ 1. Right
to vote not to be abridged
The
right of citizens of the
§ 2. Power to enforce article
The Congress shall have power to enforce this article by appropriate legislation.
Sixteenth Amendment
Income tax
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States and without regard to any census or enumeration.
Seventeenth Amendment
Popular election of Senators
The
Senate of the
When
vacancies happen in the representation of any State in the Senate the executive
authority of such State shall issue writs of election to fill such vacancies:
Provided, That the legislature of any State may empower the executive thereof
to make temporary appointments until the people fill the vacancies by election
as the legislature may direct.
This
amendment shall not be so construed as to affect the election or term of any
Senator chosen before it becomes valid as part of the Constitution.
8Eighteenth Amendment
Liquor prohibition
§ 1. After one year from the ratification of this article
the manufacture, sale, or transportation of intoxicating liquors within, the
importation thereof into, or the exportation thereof from the
§ 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.
§ 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
Woman suffrage
The
right of citizens of the
Twentieth
Amendment
§ 1. Terms
of office
The
terms of the President and Vice President shall end at
§ 2. Time of convening Congress
The
Congress shall assemble at least once in every year, and such meetings shall
begin at
§ 3. Death
of President elect
If at
the time fixed for the beginning of the term of the President, the President
elect shall have died the Vice President elect shall become President. If a
President shall have been chosen before the time fixed for the beginning of his
term or if the President elect shall have failed to qualify, then the Vice
President elect shall act as President until a President shall have qualified;
and the Congress may by law provide for the case wherein neither a President
elect nor a Vice President elect shall have qualified, declaring who shall
then act as President or the manner in which one who is to act shall be
selected, and such person shall act accordingly until a President or Vice
President shall have qualified.
§ 4. Election of the President
The
Congress may by law provide for the case of the death of any of the persons
from whom the House of Representatives may chuse a President whenever the right
of choice shall have devolved upon them, and for the case of the death of any
of the persons from whom the Senate may chuse a Vice President whenever the
right of choice shall have devolved upon them.
§ 5. Effective date of sections 1 and 2
Sections
1 and 2 shall take effect on the 15th day of October following the ratification
of this article.
§ 6. Ratification within seven years
This
article shall be inoperative unless it shall have been ratified as an amendment
to the Constitution by the legislatures of three-fourths of the several States
within seven years from the date of its submission.
Twenty-first Amendment
§ 1. National liquor prohibition repealed
The
eighteenth article of amendment to the Constitution of the
§ 2. Transportation of liquor into “dry”
state
The
transaction or importation into any State, Territory, or possession of the
§ 3. Ratification within seven years
This
article shall be inoperative unless it shall have been ratified as an amendment
to the Constitution by conventions in the several States, as provided in the
Constitution, within seven years from the date of the submission hereof to the
States by the Congress.
§ 1. Limitation on presidential terms
No
person shall be elected to the office of the President more than twice, and no
person who has held the office of President, or acted as President, for more
than two years of a term to which some other person was elected President shall
be elected to the office of the President more than once. But this Article
shall not apply to any person holding the office of President when this Article
was proposed by the Congress and shall not prevent any person who may be
holding the office of President or acting as President, during the term within
which this Article becomes operative from holding the office of President or
acting as President during the remainder of such term.
§ 2. Ratification within seven years
This article shall be inoperative unless it shall have been rati