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American Samoans should be recognized as US citizens, federal judge decides
Fox News ^ | December 12, 2019 | Louis Casiano

Posted on 12/13/2019 1:18:43 AM PST by deks

People born in the U.S. territory of American Samoa should be recognized as U.S. citizens, a federal judge in Utah ruled Thursday, in a hard-fought legal battle spanning decades.

U.S. District Judge Clark Waddoups also ruled that American Samoans should be issued new passports reflecting his ruling. The disclaimer on their passports currently reads: "The bearer is a United States national and not a United States citizen."

"This court is not imposing 'citizenship by judicial fiat,'" Waddoups said in his decision. "The action is required by the mandate of the Fourteenth Amendment as construed and applied by Supreme Court precedent."

In 2016, the Supreme Court declined to hear a case from the U.S. Court of Appeals for the District of Columbia Circuit that ruled the Constitution doesn't confer citizenship to those born in American Samoa.

(Excerpt) Read more at foxnews.com ...


TOPICS: Constitution/Conservatism
KEYWORDS: 14th; americansamoa; citizenship; uscitizen
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Plaintiffs John Fitisemanu, Pale Tuli and Rosavita Tuli filed a lawsuit in 2018, arguing that as American Samoans they deserved all rights afforded to U.S. citizens under the 14th amendment.
1 posted on 12/13/2019 1:18:43 AM PST by deks
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To: All

In the other case, that the Supreme Court declined to hear in 2016, a District of Columbia federal court judge ruled that decisions involving citizenship and U.S. territories belong to Congress.


2 posted on 12/13/2019 1:28:13 AM PST by deks (Psalm 64)
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To: deks

And then goes on to do just that...

“This court is not imposing ‘citizenship by judicial fiat,’” Waddoups said in his decision.”


3 posted on 12/13/2019 1:31:10 AM PST by 2banana (My common ground with islamic terrorists - they want to die for allah and we want to kill them.)
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To: deks

In other words, they want Tulsi Gabbard, one of their own, to qualify for the Presidency. Sorry. You are already considered US citizens, just not “natural born.”


4 posted on 12/13/2019 1:35:41 AM PST by WWG1WWA ("Brothers, what we do in life echoes in eternity." - Marcus Aurelius)
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To: deks

Does this mean American Samoans no longer have their own Olympic team, and must now compete for positions on the U.S. Olympic team?


5 posted on 12/13/2019 1:37:33 AM PST by Redmen4ever (u)
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To: deks

America Samoa was unique in that they were US Nationals who could travel to the US and its territories, but they were not US Citizens. In referendums American Samoans decided to keep the status quo and refuse citizenship (in part to avoid taxation) One should remember that the issue of popular sovereignty was a major cause of the civil war (and no it was not solely over the issue of slavery)


6 posted on 12/13/2019 1:40:11 AM PST by LukeL
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To: deks
"The action is required by the mandate of the Fourteenth Amendment as construed and applied by Supreme Court precedent."

What about Article I Section 8 that gives Congress the sole power to make naturalization laws? The 14th Amendment didn't usurp that power from Congress or make them a rubber-stamp.

-PJ

7 posted on 12/13/2019 1:44:20 AM PST by Political Junkie Too (Freedom of the press is the People's right to publish, not CNN's right to the 1st question.)
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To: 2banana
“This court is not imposing ‘citizenship by judicial fiat,’” Waddoups said in his decision.”

Would he qualify, to be called lying sack of sh—?

8 posted on 12/13/2019 1:55:16 AM PST by Mark17 (Father of Air Force Officer in pilot training. Air Force aircraft, go much faster than Army tanks)
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To: deks
This court is not imposing 'citizenship by judicial fiat,

Irony much?

9 posted on 12/13/2019 2:01:49 AM PST by Drango (1776 = 2020)
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To: deks

When a judge says he is not doing something you can rest assured that that is exactly what he is doing.


10 posted on 12/13/2019 2:11:41 AM PST by fella ("As it was before Noah so shall it be again,")
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To: deks
The American Samoan government claims automatic U.S. citizenship would undermine local traditions and practices.

They got that right.

Become US Citizens and lose your religious freedom.

No Nativity display at Christmas on the City Court House lawn. No display of the Ten Commandments in the Court House. No prayer before the School Board meeting.

The ACLU is coming for YOU now.

And so is the IRS.

11 posted on 12/13/2019 2:16:42 AM PST by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit)
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To: deks

SIC SEMPER TYRANNIS


12 posted on 12/13/2019 2:17:30 AM PST by wastedyears (The left would kill every single one of us and our families if they knew they could get away with it)
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To: deks

Which means there is now a conflict in Federal judge rulings as to which takes precedence, and that sets the stage for the USSC to take the case. The USSC does not let two mutually exclusive Federal court rulings stand.


13 posted on 12/13/2019 2:25:02 AM PST by Widget Jr
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To: deks

Per CNN

Suit was brought by Kody Brown and his wives, Meri, Janelle, Christine and Robyn
A federal judge in Utah has struck down part of that state’s law banning polygamy, after a lawsuit was brought by the stars of the television reality series “Sister Wives.”

The ruling late Friday by U.S. District Court Judge Clark Waddoups threw out the law’s section prohibiting “cohabitation,” saying it violates constitutional guarantees of due process and religious freedom.


14 posted on 12/13/2019 2:28:37 AM PST by tired&retired (Blessings)
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To: deks

Since American blacks have left the Democrat ghetto,
Democrat judge Waddoup declares foreign blacks can vote Democrat, by his creating, passing and ratifying new law.


15 posted on 12/13/2019 2:57:01 AM PST by TheNext (LeGaBiT)
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To: deks

That ruling is another judicial overreach


16 posted on 12/13/2019 3:45:53 AM PST by mosesdapoet (mosesdapoet aka L,J,Keslin posting here for the record hoping some might read and pass around)
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To: Redmen4ever
"Does this mean American Samoans no longer have their own Olympic team, and must now compete for positions on the U.S. Olympic team?"

Doubt it. Puerto ricans march under their own flag, have their own team, and are US citizens, for instance.

17 posted on 12/13/2019 3:51:41 AM PST by Truth29
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To: deks
There are deeper implications to this. As citizens, they are entitled to representation in The House and in Congress. They are also entitled to full voting rights in US National elections, are they not? Not sure how the "American National" status works, perhaps they already do.

Will Samoa AND Greenland be granted statehood in Trump's second term? *heads are exploding at the thought...snicker*

18 posted on 12/13/2019 4:29:04 AM PST by Damifino (The true measure of a man is found in what he would do if he knew no one would ever find out.)
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To: Liz; AuntB; greyfoxx39; La Lydia; sickoflibs; stephenjohnbanker; Tolerance Sucks Rocks; ...

I thought that they were...

How can illegal alien children of illegal aliens be considered American citizens when American citizens are not ???

or something...

American Samoa is a US territory just like the US Virgin islands, Puerto Rica and Guam...

These people are born American citizens and can be the POTUS...


19 posted on 12/13/2019 4:43:43 AM PST by Tennessee Nana
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To: deks

These Federal District Court judges are all crazy. This Judge does not have the authority to decide that entire territory should be granted US Citizenship. Some real lunatics serving on the bench.


20 posted on 12/13/2019 5:30:01 AM PST by EC Washington
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