REVISED
CONSTITUTION OF
Article
I
Bill of Rights
Section
1. Freedom of religion, speech, press, rights of assembly and petition.
2. No deprivation of life, liberty or property without due process.
3. Policy protective legislation.
4. Dignity of the individual.
5. Protection against unreasonable searchesand seizures.
6. Rights of an accused.
7. Habeas corpus.
8. Quartering of militia.
9. Imprisonment for debt.
10. Slavery prohibited.
11. Treason.
12. Subversives ineligible to hold public office.
13. Retroactive laws and bills of attainder.
14. Health, safety, morals and general welfare.
15. Education.
16. Unspecified rights and privileges and immunities.
Article II
The Legislature
1. Legislature.
2. Membership.
3. Qualifications of members.
4. Manner of election.
5. Elections.
6. Term of office.
7. Qualifications of electors.
8. Legislative sessions.
9. Enactment of law; vetoes.
10. Passage of bills.
11. Powers of each house.
12. Freedom from arrest.
13. Vacancies.
14. Public sessions.
15. Reading-Passage of bills.
16. Title
17. Amendments and revisions by reference.
18. Appointment to new offices.
19. Effective date of laws.
20. Legislative counsel
21. Quorum.
22. Qualifications and officers.
23. Adjourning Legislature.
24. Special or exclusive privileges not to be granted; local or special laws.
25. Compensation of the Legislature.
Article
III
Judicial Branch
1. Judicial power.
2.
3. Appointments.
Article IV
Executive Branch
1. Appointments.
2. Governor.
3. Secretary.
4. Secretary of Samoan Affairs.
5. Militia and posse comitatus.
6. Executive regulations.
7. Supervision and control by Governor.
8. Annual report.
9. Pardoning power.
10.
Recommendation of
laws.
11.
Appointment of
officials.
12.
Removal of
officers; powers and duties of officers.
13.
Publication of
laws.
Article V
Miscellaneous
1. Officers.
2. Existing laws.
3. Amendments.
4. Revision of the Constitution.
5. Existing rights and liabilities.
6. Oaths.
7. Construction.
8. Provisions self-executing.
9. Seat of Government.
10.
Political
districts and counties.
11.
Effective date.
Whereas the Congress of the United States, in
its Act of February 20, 1929, provided that until the Congress shall provide
for the Government of the islands of American Samoa, all civil, judicial, and
military powers shall be vested in such person or persons and exercised in such
manner as the President of the United States shall direct; and
Whereas by Executive Order No. 10264 the
President of the United States directed that the Secretary of the Interior
should take such action as may be necessary and appropriate and in harmony with
applicable law, for the administration of civil government in American Samoa;
and
Whereas it is appropriate that, in the
process of developing self-government, the people of American Samoa should
enjoy certain rights and responsibilities inherent in the representative form
of government; and
Whereas it is desirable that these
rights and responsibilities be clearly set forth in a Constitution, and the
adoption of a Constitution is in harmony with applicable law; and
Whereas the Constitution adopted in 1960
provided for a revision thereof:
Now, therefore, this revised Constitution,
having been ratified and approved by the Secretary of the Interior and having
been approved by a Constitutional Convention of the people of American Samoa
and a majority of the voters of American Samoa voting at the 1966 election, is
established to further advance government of the people, by the people, and for
the people of American Samoa.
Article
I
Bill
of Rights
Section 1. Freedom of religion, speech, press, rights of
assembly and petition. There shall be
separation of church and government, and no law shall be enacted respecting an
establishment of religion or prohibiting the free exercise thereof; or
abridging the freedom of speech or of the press, or the right of the people
peaceably to assemble, and to petition the Government for a redress of
grievances.
Section 2. No deprivation of life, liberty or property without
due process. No person shall be
deprived of life, liberty, or property, without due process of law, nor shall
private property be taken for public use without just compensation.
Amendments: 1967 Section formerly provided for payment of
compensation "before" the taking of property and for reversion to
owner after 3 years of non-user. H.C.R. No. 45, 10th Leg.
1st Spec. Sess., requested Secty.
of Int. to revise the section to its present form.
This was done at the time of ratification and approval on June 2, 196 7.
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).
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
Cross-References:
Government policy to protect persons against alienation of their lands.
Treaty of Cession of
14th Amendment,
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.
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
defense. 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 same
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).
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
Article
II
The
Legislature
Section 1. Legislature. There shall be a Legislature which shall consist of a
Senate and House of Representatives. The Legislature shall have authority to
pass legislation with respect to subjects of local application, except that:
(a) No such legislation
may be inconsistent with this Constitution or the laws of the
(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, llth Leg.
2nd Reg. Sess., in paragraph (c), at end of first
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 it 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
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,
|
one representative; |
|
Representative District No. 4, Saole - composed of the Villages of Aunuu,
Amouli, Utumea and Alofau, |
one representative; |
|
Representative District No. 5, Sua No. I - 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. I - composed of the Villages of Fatumafuti, Fagaalu and Utulei, |
one representative; |
|
Representative District No. 8, Ma'uputasi No. 2 - composed of the |
one representative; |
|
Representative District No. 9, Ma'uputasi No. 3 - composed of the |
one representative; |
|
Representative District No. 10, Ma'uputasi No. 4 - composed of the Villages of Satala, Atuu and Leloaloa, |
one representative; |
|
Representative District No. 11, Ma'uputasi No. 5 - composed of the |
one representative; |
|
Representative District No. 12, Ituau - composed of the Villages of Nu'uuli,
Fagasa, Matuu and Faganeanea, |
two representativs; |
|
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, Mapusap 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 Aasu. |
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 have lived in
American Samoa for a total of at least 5 years and have been a bona fide
resident of the representative district from which he is elected for at least 1
year next preceding his election.
A delegate from
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 laws of
American Samoa, the United States, or the laws of any state of the United
States, shall sit in the Legislature, unless the person so convicted shall have
been pardoned and have had his civil rights restored to him.
No employee or public officer of the
Government shall be eligible to serve in the Legislature while holding such
position. The prohibition contained herein shall become effective on July 1,
1971. Amended 1971, S.J.R. No. 3, approved by Secretary of the Interior, March
19, 1971.
Amendments: 1971 S.J.R. No. 3, 1lth 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.
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 (1975).
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 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).
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
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.
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. 5, 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 re-presented 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.
If a bill presented to the Governor should
contain several items of appropriation of money, he may object to one or more
of such items, or any part or parts thereof, portion or portions thereof, while
approving the other items, parts, or portions of the bill. In such a case he
shall append to the bill, at the time of signing it, a statement of the items,
or parts or portions thereof, to which he objects and the items, or parts or portions
thereof, so objected to shall not take effect. As used in this paragraph, the
terms 'items', 'part', 'portion' and 'portions' shall include a proviso or
provisos, a directive, a limitation, or other extraneous substantive
legislation included in an appropriations bill or appended to any item of
appropriation in such an appropriations bill.
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 "1aw" subject
to enactment by bill. 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.
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 sub-section 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
full-time position and compensation for the counsel shall be budgeted by the
Legislature at a grade level equivalent to that of Deputy Attorney
General of the Government of American Samoa. The legislative counsel shall also
be the director of the Legislative Reference Bureau. - Amended H.J.R. No. 3,
Feb. 18, 1977, approved by voters Nov. 7, 1978, approved by Sec. of Int. Mar.
1, 1979.
Amendments: 1979 Changed manner of appointment of the counsel and
changed grade level.
Section 21. Quorum. A majority of
each House shall constitute a quorum for the transaction of business, but a
smaller number may adjourn from day to day and may compel the attendance of
absent members in such manner as each House may provide.
Section 22. Qualifications and officers. Each House of the
Legislature shall be the judge of the elections, returns, and qualifications of
its own members and shall choose 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. Mota, 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. Mota, 4 ASR 773 (1973).
In view of this section, High Court could not 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 justiciable. Tuitasi v. Lualemaga, 4 ASR 798 (1973).
This section is a textually demonstrated constitutional commitment to the
senate to judge the qualifications set 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 justiciable. 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).
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. April 8, 1977.
Amendments: 1971 SJ.R. No. 4, 1lth Leg. 2nd Reg. Sess., amended section generally and increased the annual
legislative pay to $6,000.00.
Cross-references: Compensation of legislators, see 2.0102 and 2.0103.
Article
III
Judicial
Branch
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.
High Court had subject matter jurisdiction in
case involving a contested senatorial election by county council where there
was a case or controversy, it arose under the constitution, laws or treaties,
and the cause was described in jurisdictional statutes. Meredith
v. Mola, 4 ASR 773 (1973).
It cannot be said that the "judicial power" vested in the High Court
by this section is plenary and thus comprehends the authority to sit as a court
of admiralty; the question whether the court has power to so sit is one of
jurisdiction, and such jurisdiction has not been conferred on any court in the
territory by the American Samoa Constitution or the American Samoa Code. Vessel Fijian Swift v. Trial Division, High Court of American
Samoa, 4 AS R983 (1975).
Subject to supervision in its exercise, the Legislature of American Samoa has
been delegated unimpaired power, through the executive branch of the federal
government, to give territorial courts authority to sit in admiralty and, as a
consequence, to entertain in rem actions and provide
procedures for arresting vessels or other property that is the subject of a
maritime action. Vessel Fijian Swift v. Trial Division, High
Court of
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
Section 2.
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
Executive
Branch
Section 1.
Superseded by U.S. Dept. of the Int.
Secretary's Order No. 3009, §§ 2 and 4, Sept. 13, 1977, eff.
Sept. 13, 1977, as amended in § 2 by U.S. Dept. of the Int. Secretary's Order
No. 3009, Amendment No. 1, Nov. 3, 1977, eff. Nov. 3,
1977.
Reviser's Comment:
This section, which provided that
"The Governor of American Samoa and the Secretary of American Samoa shall
be appointed as provided in the laws of the United States", was impliedly
superseded by the above-referred to secretarial orders. See note on the subject
under 2 of this article.
Section 2. Governor and lieutenant governor. The Governor and the Lieutenant Governor of American
Samoa shall, commencing with the first Tuesday following the first Monday of
November 1977, be popularly elected and serve in accordance with the laws of
American Samoa. - Amended 1977, U.S. Dept. of the Int. Secretary's Order No.
3009, §§ 2, 4, Sept. 13, 1977, as amended by U.S. Dept. of the Int. Secretary's
Order No. 3009, Amendment No. 1, Nov. 3, 1977, eff.
Nov. 3, 1977.
Amendments: 1977 U.S. Dept. of the Int. Secretary's Order No.
3009, §§ 2 and 4, Sept. 13, 1977, amended this section to read "The
Governor and the lieutenant Governor of American Samoa shall, commencing with
the first Tuesday in November, 1977, be popularly elected and serve in
accordance with the laws of American Samoa."
U.S. Dept. of the Int. Secretary's Order No. 3009, Amendment No. 1, Nov. 3,
1977, amended Order No. 3009, § 2, effective Nov. 3, 1977, by substituting
"following the first Monday of" for the word "in" preceding
"November 1977".
Section 3. Secretary. The Secretary of American Samoa, who may be referred
to as Lieutenant Governor of American Samoa, shall have all the powers and
duties of the Governor in the case of a vacancy in the office of Governor or
the disability or temporary absence of the Governor. He shall record and
preserve the laws and executive orders, and transmit copies thereof to the
Secretary of the Interior. He shall have and perform such other duties as may
be prescribed by law or assigned to him by the Governor.
Section 4. Secretary of Samoan affairs. The Secretary of Samoan Affairs shall be appointed by
the Governor from among the leading registered matais.
He shall hold office during the pleasure of the Governor. The Secretary of
Samoan Affairs shall be the head of the Department of Local Government. In
conjunction with the District Governors he shall coordinate 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
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
Miscellaneous
Section 1. Officers. For the public convenience and to insure continuity in
the operation of the Government all officers of American Samoa, including
district, county, and village officers, shall, subject to the right of
resignation or removal as may be provided by law, continue to hold their
respective offices until the expiration of the time for which they were
respectively elected or appointed, except that senators elected at the general
election in 1966 shall go out of office at noon on January 3, 1969.
Regardless of any other provision or
provisions in this Constitution the House of Representatives shall, prior to
noon, January 3, 1969, consist only of those members elected at the general
election in 1966 while the Senate prior to noon, January 3, 1969, shall consist
only of the hold-over senators plus those elected at the general election in
1966. Also regardless of any other provision or provisions in this Constitution
any vacancies occurring in either House prior to January 3, 1969 may be filled
as provided in Article II, Section 13 of the Constitution which became
effective on October 17, 1960.
Section 2. Existing laws. All laws of
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 1,
section 2 of the Constitution of American Samoa effective October 17, 1960, to
wit: "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."
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.
Pula, N.T.
Tua'olo-Lemoe
Unutoa, S.L.T.
Tua'olo-Maliuga
Liufau, M.
Mageo, F.
Faumuina-Ioane
Lutu, S.A.
Paopaoailua, S.
Mailo, P.
For and on behalf of Ta'u County.
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.
Toomata, 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
Paul Pedro
A.P. Lauvao-Lolo
Chairman of the Constitutional Convention
Attest:
Mulitauaopele-Sui'ava
Secretary of the Constitutional Convention