Article IV, American Samoa Constitution

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

Article IV of the American Samoa Constitution is entitled Executive Branch Sections and consists of 13 sections.

Section 1

Text of Section 1: “ Superseded by U.S. Dept. of the Int. Secretary's Order No. 3009, §§ 2 and 4, Sept. 13, 1977, eff. Sept. 13, 1977, as amended in § 2 by U.S. Dept. of the Int. Secretary's Order No. 3009, Amendment No. 1, Nov. 3, 1977, eff. Nov. 3, 1977. Reviser's Comment: This section, which provided that "The Governor of American Samoa and the Secretary of American Samoa shall be appointed as provided in the laws of the United States", was impliedly superseded by the above-referred to secretarial orders. See note on the subject under 2 of this article. ”

Section 2

Text of Section 2: “ Governor and lieutenant governor. The Governor and the Lieutenant Governor of American Samoa shall, commencing with the first Tuesday following the first Monday of November 1977, be popularly elected and serve in accordance with the laws of American Samoa. - Amended 1977, U.S. Dept. of the Int. Secretary's Order No. 3009, §§ 2, 4, Sept. 13, 1977, as amended by U.S. Dept. of the Int. Secretary's Order No. 3009, Amendment No. 1, Nov. 3, 1977, eff. Nov. 3, 1977. Amendments: 1977 U.S. Dept. of the Int. Secretary's Order No. 3009, §§ 2 and 4, Sept. 13, 1977, amended this section to read "The Governor and the lieutenant Governor of American Samoa shall, commencing with the first Tuesday in November, 1977, be popularly elected and serve in accordance with the laws of American Samoa." U.S. Dept. of the Int. Secretary's Order No. 3009, Amendment No. 1, Nov. 3, 1977, amended Order No. 3009, § 2, effective Nov. 3, 1977, by substituting "following the first Monday of" for the word "in" preceding "November 1977". ”

Section 3

Text of Section 3: “ Secretary. The Secretary of American Samoa, who may be referred to as Lieutenant Governor of American Samoa, shall have all the powers and duties of the Governor in the case of a vacancy in the office of Governor or the disability or temporary absence of the Governor. He shall record and preserve the laws and executive orders, and transmit copies thereof to the Secretary of the Interior. He shall have and perform such other duties as may be prescribed by law or assigned to him by the Governor. ”

Section 4

Text of Section 4: “ Secretary of Samoan affairs. The Secretary of Samoan Affairs shall be appointed by the Governor from among the leading registered matais. He shall hold office during the pleasure of the Governor. The Secretary of Samoan Affairs shall be the head of the Department of Local Government. In conjunction with the District Governors he shall coordinate the administration of the district, county, and village affairs as provided by law and also in conjunction with the District Governors he shall supervise all ceremonial functions as provided by law. ”

Section 5

	Text of Section 5: “ Militia and posse comitatus. The Governor may summon the posse comitatus or call out the militia to prevent or suppress violence, invasion, insurrection, or rebellion. ”

Section 6

	Text of Section 6: “ Executive regulations. The Governor shall have the power to issue executive regulations not in conflict with laws of the United States applicable to American Samoa, laws of American Samoa, or with this Constitution. ”

Section 7

	Text of Section 7: “ Supervision and control by Governor. The Governor shall have general supervision and control of all executive departments, agencies and instrumentalities of the Government of American Samoa. ”

Section 8

	Text of Section 8: “ Annual report. The Governor shall make an official report of the transactions of the Government of American Samoa to the Secretary of the Interior and the Legislature within three months after the close of each fiscal year. ”

Section 9

	Text of Section 9: “ Pardoning power. The Governor shall have the power to remit fines and forfeitures, commute sentences, and grant reprieves and pardons after conviction for offenses against the laws of American Samoa. ”

Section 10

	Text of Section 10: “ Recommendation of laws. The Governor shall give the Legislature information on the state of the Government and recommend for its consideration such measures as he may deem necessary and expedient. He may attend or depute another person to represent him at the meetings of the Legislature, and may give expression to his views on any matter before that body. ”

Section 11

	Text of Section 11:

Section 12

Text of Section 12: “ Appointment of officials. With the exception of elective officials, those appointed by the Secretary of the Interior, and those whose appointments are otherwise provided for, the officials of the Government of American Samoa including district, county, and village officials shall be appointed by the Governor. Prior to appointing a district governor, a county chief, or a pulenuu, the Governor through the Secretary of Samoan Affairs shall request the recommendation of the appropriate district council as to who shall be appointed in the case of a district governor; of the appropriate county council and district governor, in the case of a county chief; and of the appropriate village council, district governor and. county chief, in the case of a pulenuu. The Secretary of Samoan Affairs may also make his own recommendations to the Governor. ”

Section 13

	Text of Section 13: “ Publication of laws. The Governor shall make provision for publishing laws within 55 days after the close of each session of the Legislature and for their distribution to public officials and sale to the public. ”

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"