Article II, American Samoa Constitution

American Samoa Constitution
Preamble
Articles
I • II • III • IV • V

Article II of the American Samoa Constitution is entitled The Legislature and consists of 25 section.

Section 1

Text of 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: 1. No such legislation may be inconsistent with this Constitution or the laws of the United States applicable in American Samoa; 2. No such legislation may conflict with treaties or international agreements of the United States; 3. 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 American Samoa. Prior to his final submission to the Secretary of the Interior of requests for Federal funds necessary for the support of governmental functions in American Samoa, the Governor shall prepare a preliminary budget plan. He shall submit such plan to the Legislature in joint session for its review and approval with respect to such portions as relate to expenditures of funds proposed to be appropriated by the Congress of the United States. Amended 1971, S.J.R. No. 4, effective March 19, 1971. 4. Legislation involving the expenditure of fundsother 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 American Samoa, 4 ASR. 983 (1975). ”

Section 2

Text 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: District District region Number of representatives 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, Tula and Vatia, 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 Village of Fagatogo, one representative; Representative District No. 9, Ma'uputasi No. 3 composed of the Village of Pago Pago, 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 Village of Aua 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 Swains Island who are United States nationals may elect at an open meeting a delegate to the House of Representatives who shall have all the privileges of a member of the House except the right to vote.

Section 3

Text of Section 3: “ Qualifications of members. A Senator shall - be a United States National; be at least 30 years of age at the time of his election; 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 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 - be a United States National; 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 Swains Island shall have the qualifications of a Representative except that in lieu of residence in a representative district, he shall have been a bona fide resident of Swains Island for at least one year next preceding his election. 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

Text of 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 Samoa for a total of at least 5 years" does not mean last 5 years. Section 6.0212 used to explain rules for determining bona ride residence of candidate. King v. Watson, ASR (1978). 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

	Text of 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

	Text of Section 6: “ Term of office. Each senator shall hold office for a term of four years. Representatives including any delegates from Swains Island shall each hold office for a term of two years. The terms of all members of the Legislature including any delegate from Swains Island shall commence at noon on the third day of January following their election, except as otherwise provided. ”

Section 7

Text of 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

Text of 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

Text of 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 American Samoa, 4 ASR2d 85 (1987). ”

Section 10

	Text 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

Text of 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

Text of Section 12: “ Freedom from arrest. Senators and representatives and any delegate from Swains Island in all cases except treason, felony, or breach of the peace, shall be privileged from arrest during a session (including a special joint session) of the Legislature, and in going to and returning from the same. No member of the Legislature shall be held to answer before any tribunal other than the Legislature itself for any speech or debate in the Legislature. ”

Section 13

Text of 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

	Text of 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

Text of Section 15: “ Reading - Passage of bills. No bill shall be passed until copies of the same with amendments thereto shall have been made available for the use of the members; nor shall a bill become a law unless the same shall have been read on two separate days in each House previous to the day of the final vote thereon. On final passage of all bills, they shall be read at length, section by section, and the votes shall be by yeas and nays upon each bill separately, and shall be entered upon the journal. The provisions of this section respecting the reading of bills shall be subject to the exception that a bill which has been vetoed by the Governor and re-introduced for passage over the Governor's veto need only be read on the day of the final vote thereon. ”

Section 16

	Text of 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

	Text of 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

	Text of 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

Text of 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

Text of 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

	Text of 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

Text of 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

	Text of 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

Text of 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 American Samoa shall never be impaired by the making of any irrevocable grant of special or exclusive privileges or immunities. Corporations may be formed under general laws but shall not be created by special act except for municipal, governmental or quasi-governmental purposes in cases where the objects of the corporation cannot be attained under general laws. All general laws or special acts passed pursuant to this section may be amended or repealed. The Legislature shall pass no local or special act if a general act can be made applicable. ”

Section 25

	Text 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. ”

See also

• State constitution
• Constitutional article
• Constitutional amendment
• Constitutional revision
• Constitutional convention
• Amendments
  • Initiated constitutional amendment
  • Legislatively-referred constitutional amendment
  • Publication requirements for proposed state constitutional amendments
  • Rules about constitutional conventions in state constitutions
  • State constitutional articles governing state legislatures

External links

• Congressman Eni Faleomavaega, "Revised Constitution of American Samoa"
• American Samoa Bar Association, "Revised Constitution of American Samoa"