Government of American Samoa

Last updated

The government of American Samoa is defined under the Constitution of American Samoa.

Contents

The United States Congress, in the Ratification Act of 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. In Executive Order 10264, the President of the United States directed that the Secretary of the Interior should take care for the administration of civil government in American Samoa. The Secretary promulgated the Constitution of American Samoa which was 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, and came into effect in 1967. The Secretary retains ultimate authority. [1] [2]

The government operates under a framework of a presidential representative democratic dependency, whereby the Governor of American Samoa is the head of government. Legislative power is vested in the American Samoa Fono. The judiciary is independent of the executive and the legislature.

Executive

The power of the executive is formally vested in the governor, elected by popular vote for a four-year term along with the lieutenant governor in the same ticket. The governor's office is located in Utulei. [3]

The governor appoints chiefs of executive agencies, districts, counties and villages. [4] [5] [6] [7]

Legislature

The American Samoa Legislature Maota Fono building in Fagatogo AmericanSamoaLegislatureBuilding.jpg
The American Samoa Legislature Maota Fono building in Fagatogo

The Legislature, or Fono , has two chambers. The House of Representatives has 21 members serving two-year terms, being 20 representatives popularly elected from various districts and one non-voting delegate from Swains Island elected in a public meeting. The Senate has 18 members, elected for four-year terms by and from the chiefs of the islands. [8] The Fono is located in Fagatogo. [9]

Judiciary

The Judiciary of American Samoa is defined under the Constitution of American Samoa and the American Samoa Code. It consists of the High Court of American Samoa, a District Court, and village courts, all under the administration and supervision of the Chief Justice. [10] [11] The High Court and District Court are both located in Fagatogo. [12] [13] [9] The Chief Justice and the Associate Justice of the High Court are appointed by the United States Secretary of the Interior. [14] Associate judges of the High Court, who may also serve in the village courts, and judges of the District Court are appointed by the governor upon the recommendation of the Chief Justice and confirmed by the Senate. [15] [16]

Because American Samoa does not have a federal court like the Northern Mariana Islands, Guam, or the United States Virgin Islands, matters of federal law arising in American Samoa have generally been adjudicated in the United States District Court for the District of Hawaii or the District Court for the District of Columbia. [17]

Related Research Articles

<span class="mw-page-title-main">Politics of American Samoa</span> Politics of a U.S. territory

Politics of American Samoa takes place in a framework of a presidential representative democratic dependency, whereby the governor is the head of government, and of a pluriform multi-party system. American Samoa is an unincorporated and unorganized territory of the United States, administered by the Office of Insular Affairs, U.S. Department of the Interior. Its constitution was ratified in 1966 and came into effect in 1967. Executive power is discharged by the governor and the lieutenant governor. Legislative power is vested in the two chambers of the legislature. The party system is based on the United States party system. The judiciary is independent of the executive and the legislature.

<span class="mw-page-title-main">Federal government of the United States</span> National government of the United States

The federal government of the United States is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, five major self-governing territories, several island possessions, and the federal district and national capital of Washington, D.C., where most of the federal government is based.

<span class="mw-page-title-main">Government of Maryland</span> State government of the United States

The government of Maryland is conducted according to the Maryland Constitution. The United States is a federation; consequently, the government of Maryland, like the other 49 state governments, has exclusive authority over matters that lie entirely within the state's borders, except as limited by the Constitution of the United States.

<span class="mw-page-title-main">Supreme Court of the Philippines</span> Highest court in the Philippines

The Supreme Court is the highest court in the Philippines. The Supreme Court was established by the Second Philippine Commission on June 11, 1901 through the enactment of its Act No. 136, an Act which abolished the Real Audiencia de Manila, the predecessor of the Supreme Court.

Federal tribunals in the United States are those tribunals established by the federal government of the United States for the purpose of resolving disputes involving or arising under federal laws, including questions about the constitutionality of such laws. Such tribunals include both Article III tribunals as well as adjudicative entities which are classified as Article I or Article IV tribunals. Some of the latter entities are also formally denominated as courts, but they do not enjoy certain protections afforded to Article III courts. These tribunals are described in reference to the article of the United States Constitution from which the tribunal's authority stems. The use of the term "tribunal" in this context as a blanket term to encompass both courts and other adjudicative entities comes from section 8 of Article I of the Constitution, which expressly grants Congress the power to constitute tribunals inferior to the Supreme Court of the United States.

<span class="mw-page-title-main">American Samoa Fono</span> Territorial legislature of American Samoa

The American Samoa Fono is the territorial legislature of American Samoa. Like most states and territorial legislatures of the United States, it is a bicameral legislature with a House of Representatives and a Senate. The legislature is located in Fagatogo along Pago Pago harbor.

<span class="mw-page-title-main">Fagatogo</span> Village in American Samoa, United States

Fagatogo is the downtown area of Pago Pago. Located in the low grounds at the foot of Matafao Peak, it was the location of the first American settlement on Tutuila Island. It includes the sub-village of Malaloa. Today, Fagatogo is the government, commercial, financial, and shipping center of Tutuila. It is also the administrative capital of American Samoa. It is the location of the American Samoa Fono (legislature), and is listed in the Constitution of American Samoa as the territory's official seat of government. Its population is 1,737.

<span class="mw-page-title-main">Government of Oklahoma</span> Government of the U.S. state of Oklahoma

The government of the U.S. State of Oklahoma, established by the Oklahoma Constitution, is a republican democracy modeled after the federal government of the United States. The state government has three branches: the executive, legislative, and judicial. Through a system of separation of powers or "checks and balances," each of these branches has some authority to act on its own, some authority to regulate the other two branches, and has some of its own authority, in turn, regulated by the other branches.

<span class="mw-page-title-main">Administrative divisions of American Samoa</span>

American Samoa is administratively divided into three districts and two unorganized atolls. The districts are subdivided into 15 counties, which are composed of 76 villages.

The Constitution of American Samoa is the constitution that defines the government of American Samoa. Unlike constitutions of a state, it is subject to unilateral change by the federal government. Constitutional documents of the territory include the treaties that created it and the 1960 constitution approved by the federal government and popular referendum.

<span class="mw-page-title-main">High Court of American Samoa</span> Highest court of American Samoa, after the U.S. Supreme Court

The High Court of American Samoa is a Samoan court and the highest court below the United States Supreme Court in American Samoa. The Court is located in the capital of Fagatogo. It consists of one chief justice and one associate justice, appointed by the United States Secretary of the Interior, holding office during "good behavior" and removable for cause. As American Samoa has no local federal district court or territorial court, the High Court has also been granted the powers of a federal district court in certain matters while other federal matters are handled by the United States District Court for the District of Columbia and the United States District Court for the District of Hawaii.

<span class="mw-page-title-main">Judiciary of India</span> National court system

The judiciary of India is a system of courts that interpret and apply the law in the Republic of India. India uses a common law system, first introduced by the British East India Company and with influence from other colonial powers and Indian princely states, as well as practices from ancient and medieval times. The constitution provides for a single unified judiciary in India.

<span class="mw-page-title-main">Outline of American Samoa</span> Overview of and topical guide to American Samoa

The following outline is provided as an overview of and topical guide to American Samoa:

<span class="mw-page-title-main">Government of Kansas</span>

The government of the U.S. state of Kansas, established by the Kansas Constitution, is a republican democracy modeled after the Federal Government of the United States. The state government has three branches: the executive, the legislative, and the judicial. Through a system of separation of powers, or "checks and balances," each of these branches has some authority to act on its own, and also some authority to regulate the other two branches, so that all three branches can limit and balance the others' authority.

The Government of Guam (GovGuam) is a presidential representative democratic system, whereby the president is the head of state and the governor is head of government, and of a multi-party system. Guam is an organized, unincorporated territory of the United States with policy relations between Guam and the US under the jurisdiction of the Office of Insular Affairs.

<span class="mw-page-title-main">American Samoa</span> U.S territory in the South Pacific Ocean

American Samoa is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the island country of Samoa. Centered on 14.3°S 170.7°W, it is east of the International Date Line and the Wallis and Futuna Islands, west of the Cook Islands, north of Tonga, and some 500 kilometers (310 mi) south of Tokelau. American Samoa is the southernmost territory of the United States and one of two U.S. territories south of the Equator, along with the uninhabited Jarvis Island.

The Judiciary of American Samoa is defined under the Constitution of American Samoa and the American Samoa Code. It consists of the High Court of American Samoa, a District Court, and village courts, all under the administration and supervision of the Chief Justice. The High Court and District Court are both located in Fagatogo. The Chief Justice and the Associate Justice of the High Court are appointed by the United States Secretary of the Interior. Associate judges of the High Court, who may also serve in the village courts, and judges of the District Court are appointed by the Governor of American Samoa upon the recommendation of the Chief Justice and confirmed by the Senate.

<span class="mw-page-title-main">Judiciary of California</span>

The Judiciary of California or the Judicial Branch of California is defined under the California Constitution as holding the judicial power of the state of California which is vested in the Supreme Court, the Courts of Appeal and the Superior Courts. The judiciary has a hierarchical structure with the California Supreme Court at the top, California Courts of Appeal as the primary appellate courts, and the California Superior Courts as the primary trial courts.

American Samoa consists of a group of two coral atolls and five volcanic islands in the South Pacific Ocean of Oceania. The first permanent European settlement was founded in 1830 by British missionaries, who were followed by explorers from the United States, in 1839, and German traders in 1845. Based upon the Tripartite Convention of 1899, the United States, Great Britain, and Germany agreed to partition the islands into German Samoa and American Samoa. Though the territory was ceded to the United States in a series of transactions in 1900, 1904, and 1925, Congress did not formally confirm its acquisition until 1929. American Samoans are non-citizen nationals of the United States. Non-citizen nationals do not have full protection of their rights, though they may reside in the United States and gain entry without a visa. Territorial citizens do not have the ability for full participation in national politics and American Samoans cannot serve as officers in the US military or in many federal jobs, are unable to bear arms, vote in local elections, or hold public office or civil-service positions even when residing in a US state. Nationality is the legal means in which inhabitants acquire formal membership in a nation without regard to its governance type. Citizenship is the relationship between the government and the governed, the rights and obligations that each owes the other, once one has become a member of a nation.

References

  1. Leibowitz, Arnold H (1980). "American Samoa: Decline of a Culture". California Western International Law Journal . 10: 220–271.
  2. Leibowitz, Arnold H (1989). Defining Status: A Comprehensive Analysis of United States Territorial Relations. ISBN   978-0-7923-0069-4. His legal position would not only permit him to investigate and overturn decisions of the judiciary in American Samoa, but the decisions of the Executive and Legislative branches as well. … The very fact that his office exists as an ombudsman, to put it kindly, or as a benevolent dictator — to put it less generously — depreciates all Samoan government institutions and makes the Samoan Constitution adopted in 1960 a giant deceit.
  3. American Samoa Representative and Liaison Offices, U.S. Department of the Interior.
  4. 4.0302 Appointment-Investigative proceedings, Annotated Code of American Samoa, American Samoa Bar Association.
  5. 5.0103 District Governor—Appointment— Qualifications—Term, Annotated Code of American Samoa, American Samoa Bar Association.
  6. 5.0201 County Chiefs—Duties, Annotated Code of American Samoa, American Samoa Bar Association.
  7. 5.0301 Appointment of pulenuus, Annotated Code of American Samoa, American Samoa Bar Association.
  8. Revised Constitution of American Samoa Archived 2021-01-13 at the Wayback Machine , American Samoa Bar Association.
  9. 1 2 American Samoa Observatory, Trip to Tula, National Oceanic and Atmospheric Administration.
  10. 3.0101 Vesting of judicial power, Annotated Code of American Samoa, American Samoa Bar Association.
  11. 3.0102 Administration of judiciary, Annotated Code of American Samoa, American Samoa Bar Association.
  12. 3.0207 Divisions and sessions—Composition, Annotated Code of American Samoa, American Samoa Bar Association.
  13. 3.0303 Sessions-Petit jury, Annotated Code of American Samoa, American Samoa Bar Association.
  14. 3.1001 Chief and Associate Justices-Appointment, Annotated Code of American Samoa, American Samoa Bar Association.
  15. 3.1004 Associate judges-Appointment-Term, Annotated Code of American Samoa, American Samoa Bar Association.
  16. 3.1010 District court judges-Term, Annotated Code of American Samoa, American Samoa Bar Association.
  17. American Samoa: Issues Associated with Some Federal Court Options (PDF) (Report). U.S. Government Accountability Office. September 18, 2008.