Posted on 06/08/2016 6:44:00 AM PDT by Theoria
The Supreme Court will soon decide whether to hear an appeal in Tuaua v. United States, which poses the question of whether the Citizenship Clause of the 14th Amendment applies to American Samoa. That this is a question at all is puzzling, and not just because it’s called American Samoa.
The 14th Amendment to the Constitution guarantees citizenship to “all persons born or naturalized in the United States, and subject to the jurisdiction thereof.” The United States annexed the eastern half of a group of Pacific islands known as the Samoas at the end of the 19th century. As a result, those islands became American Samoa. Surely, people born in American Samoa are legally speaking born in the United States and therefore citizens by birth. Easy, right?
Not so easy. The answer is that no one knows for sure.
How is it possible that a question as basic as who is a citizen at birth under our Constitution remains unresolved in a place subject to the sovereignty of the United States? To understand, you have to dive into the muck that is the law of the United States territories.
When the United States closed the deal to annex American Samoa in 1899, it left open whether the islands had become part of the United States for purposes of citizenship. The previous year, the United States had defeated Spain in the Spanish-American War and had taken sovereignty over Spain’s former colonies — Puerto Rico, the Philippines and Guam.
It was left to the Supreme Court to figure out the constitutional relationship between these new territories and the rest of the United States. In the rhetoric of the day, must the Constitution “follow the flag”? In the Insular Cases of 1901, the court handed imperialists a victory.
(Excerpt) Read more at nytimes.com ...
Are the people in the Canary Island Canaries?
We had a great conversation. He told me that even though American Samoa was only a short boat ride away and that they all had family, Christian and tribal ties, the cultures were completely different. Western Samoans played rugby, cricket and soccer. Those of them who drank preferred ale or fermented coconut milk. American Samoans played American style football, baseball and, if they drank at all (dry Baptists, Mormons and 7th Day Adventists dominate), they prefer cold lager beer, American brands.
FWIW, The barbecue probably cost me more than if they'd accepted my offer to pay. But we had a lot of fun. As I said before, those boys could eat!
Most Samoans are not like that, at least in Hawaii and in Samoa. There are some Samoan gangs, as there are Fijian, Tongan, Filipino ... etc gangs in Hawaii, but the majority of Polynesians are peaceful family-centered and religious.
After that, I heard he developed a speech impediment.
Exactly! :)
By law, they are identified as “nationals,” neither citizens nor aliens, owing allegiance to the US. They can become US citizens after residing in the country for one year.
Unless the INA has changed.
You absolutely are. Look at the first phrase you omitted! I put it in bold for your benefit!
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All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.
Not relevant. The United States is not co-extensive to the individual states alone. There have been territories that have been subject to the entitity “The United States” from the beginning. Washington, D.C. was never a state. Is Pat Buchanan a non-citizen?
Burdens of Empire
“Not relevant.”
ReallY! The first phrase of a sentence in the constitution is no relevant ...
FYI:
https://www.google.com/?gws_rd=ssl#q=definition+and
Well, that’s what happens when you give another man’s wife a foot massage.
The Samoans weren't given a choice.
Right now I think most would jump at the choice to become more formally a part of the USA - the largest industry seems to be working for the US military.
well, Polynesians are a warrior people - Samoans, Tongans, Maoris etc. survived the long journeys and islands by developing a very warrior-based culture. You can read about their acts against their cousins the Marori in the CHatham islands (”Guns, Germs and Steel”)
Can any American citizen simply up and move there at will as if moving from Colorado to Kansas? If not, not citizens at birth.
My original statement accounted for it. You really haven’t made a point art all.
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