Con-Con delegates withhold approval for the Constitutional Process Amendment

Pago Pago, AMERICAN SAMOA — Pago Pago delegate to the 6th Constitutional Convention — who is also Congresswoman Uifa’atali Amata’s district director — Pulu Ae Ae Jr. questioned why there is a need to change how Congress and the Department of Interior oversee and consider changes proposed for American Samoa’s constitution. Pulu posed the questions last Thursday on the fourth day of the Constitutional Convention.

“The United States Constitution supersedes our Constitution. Is there a reason why we don’t want Congress to look into the changes we’re proposing? What is wrong with going through the amendments to determine whether it coincides or clashes with the US Constitution?” he asked.

 “We should still submit our amendments to the Department of Interior and Congress, that is the proper procedure and we should stick with it,” he said.

The issue being discussed was the Constitutional Process Amendment, which removes the authority of the U.S. Secretary of Interior to approve amendments and introducing a new process whereby amendments can be approved by at least two-thirds of votes cast at the general election.

Pulu said the main concern is that in any case this may lead the US Government to say that American Samoa should be an independent state. Adding that it is important to have a solid relationship with the US Government through the Department of Interior.

“American Samoans own our lands, immigration laws and the US Government has no say about that and this is not the same for other US territories. That is why it’s concerning and saddening why this amendment is proposed by the Constitutional Review Committee,” said Pulu.

Senate President Tuaolo Manaia Fruean, who is also the chairman of the Constitutional Convention, said at the moment, whatever amendments are approved by the Convention, then they go to the general public on ballots in November as part of the mid-term election. If approved by two-thirds vote, then it will go through the normal process.

“It goes to the Department of Interior, then to Congress,” explained Tuaolo.

Taotasi Archie Soliai, delegate of Ituau, said despite amendments approved locally via the Convention and the mid-term election there is still a federal requirement that any amendments will go to Congress for their final approval.

“Despite removing the authority of the U.S. Secretary of Interior to approve amendments these changes still require the approval by Congress,” he said.

He seconded the motion to hold off on this proposed amendment, as more research needs to be done.

Former Governor and Senator Togiola TA Tulafono said there is a bit of confusion on the issue at hand. He explained that the proposed amendment in question is for future changes, not what is being discussed by the Constitutional Convention.

Togiola commended the Constitutional Review Committee for its foresight and cited the amendment is similar to what was recently approved for the Chief Justice to be appointed locally, instead of by the Department of Interior.

“These proposed changes are one way we will lean towards our people making their decisions of self governance,” he said.

Senator Togiola however pointed out there are lapses in preparations, in any case the proposed amendments clash with the US Constitution, that is where the concern lies.

“This is one of the issues Congress will question, as reiterated before this is where the Committee should have prepared for, and what would be our response. This would be a predicament for us, when that happens and we need to avoid that,” he said.

Togiola asked that this proposed amendment be further researched and until that is done, it is better to leave it as it is for now.

“The whole purpose is to ask the US Government to let us make amendments to our Constitution using the two-thirds vote, but that will be the questioned by the US Government, when these amendments clash with the US constitution,” said Togiola.

 Congresswoman Uifa’atali took the floor and said, “The concept of self-determination is a sacred concept to which we all agree and to which the United States formally has subscribed under the Charter of the United Nations, pledging that its territories will have the right to determine their own future consistent with international principles.

She then went on to say, “That is why it must be said that in 2022, the most immediate and present danger to government by consent is the idea the federal judges could know better than our people and leaders and take away our right to change our political status without self-determination."

Adding that over the years, the American Samoan people further strengthened self-government by creating a governorship, which since 1977 has been elected by our people.

 “For many years, we have had an all-Samoan judiciary, and, while the high court judges are still appointed by the Secretary of the Interior, that has been by our choice. We enjoy such a complete measure of self-government that a succession of governors has requested that the United Nations remove American Samoa from its list of non-self-governing territories.

 “Our right of self-government is fully realized by choosing to continue our way of life and relations with the U.S. under the flag of the nation we love.”

She told an old story of the matai who refused to make his land available for military use during the Great Pacific War.

 “When the negotiators reported their failure to the commanding Admiral in Hawaii, he invited the chief to come up to Honolulu for further discussions.

 “With the chief in front of the admiral’s desk and a giant wall map behind him, he gestured to the left and said “see that great land mass? That’s Asia. Then he gestured to the right and said see that great land mass, that’s North America. Then he bent over and pointed to a little speck and said see that tiny dot, that’s American Samoa.”

Uifaatali said the chief asked who drew this map and the Chief had his own sense of where American Samoa stood in the greater scheme of things “so too do we Samoans have our own sense of what self government is.

“It does not matter how we’re defined by the United Nations. After all, does the budgetary support we receive from the Department of the Interior and other domestic agencies make us any less self-governing than other Pacific Islands that receive budgetary assistance from outside countries in the form of foreign aid?”

Adding that the United States declared itself self-governing in 1776, but it took England five years of brutal warfare to accept America’s independence.

 “Our self government has been spoken and written into existence by words and documents of freedom and justice, not by warfare and bloodshed that too often has been the price of liberty.

 “Both in the past and sadly in the present, too many have died seeking the right to self-determination we have secured under our unique constitution, and through our unique partnership with the United States.” 

 “While our self-government remains intact, regrettably our ability to determine our future relationship with the United States is under attack by those who would abrogate our right to self-determination by taking away the rights of the United States Congress to approve any change and place them into the hands of federal judges who have never been here and can’t even imagine who we are or how we value our way of life.

“The fact that the U.N. affirms our right to further self-determination does not mean we have been denied the right of self-government we have exercised.”

Uifaatali said the most immediate and present danger to government by consent is the idea the federal judges could know better than our people and leaders and take away our right to change our political status without self-determination — obviously referring to the birthright citizenship case.

“A court edict ending our current status as proud Americans with U.S. nationality under federal law would take away our freedom as the proud people of an unincorporated territory with a right to self-determination.

“Those who insist we have second-class status by not having automatic U.S. citizenship are entirely wrong.

“We have no fewer rights than any citizens in other territories.”

She added that these twin doctrines of freedom and democracy exist under both law and tradition that is recognized by law for American Samoa.

 “These are the pillars that hold up the temple of liberty and justice in American Samoa.

 “In closing, I just want to take a moment to talk about process. Any amendments to our Constitution adopted here will be transmitted to the Governor to be submitted to the voters in a referendum.

“Amendments approved by the voters will be sent to the Secretary of the Interior who under current law must submit any changes to Congress for approval.

 “Keep in mind once Congress approves amendments our whole constitution becomes federal law and as such could be challenged in federal court, just as our status as nationals is under threat.

 “We have the option of asking Congress to repeal the law and revert to the previous arrangement of approval by the secretary of Interior, amending the law just to prohibit unilateral changes by the federal government, or leave the law as it is. This body may want to recommend a course of action in its transmittal to the Governor.

“As your representative in Congress, I will be guided by your wishes and introduce any changes needed in the laws.”

The Constitutional Convention voted to deny this proposed amendment.