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Local House resolution requests legislation ending Congressional approval of Am Samoa’s Constitutional amendments

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Joyetter@samoanews.com

Pago Pago, AMERICAN SAMOA — A House resolution requesting that Congresswomen Uifa’atali Amata Radewagen introduce legislation repealing Public Law 98-213 section 12, which prescribes that any amendment to the revised constitution of American Samoa be made only by an act of congress, was approved last week.

The resolution comes months after five constitutional amendments approved by voters are now under review by the Secretary of the U.S. Dept. of Interior for approval and subject to ratification by the US Congress; before it becomes a part of the American Samoa Constitution.

A statement issued by the Governor’s office indicated that on Dec. 14, 2022, the governor transmitted to the Secretary of Interior, Deb Haaland, the five amendments to the Revised Constitution of American Samoa.

The Constitutional Referendum held during the Midterm Election on Nov. 8, 2022 saw five out of 11 proposed amendments approved by voters.

“The amendments that were approved by the people of American Samoa were the Swains Island Amendment (#6), the Accountability Amendment (#8), the ASG to GAS Amendment (#9), the Ma’oputasi Amendment (#10), and the Leasina ma Aitulagi Amendment (#11).

“Speaker of the House of Representatives, or his designee, is respectfully requested to transmit this House resolution to the Honorable Uifa’atali Amata Radewagen, Delegate at Large, U.S House of Representatives,” a portion of the legislation reads.

And this is not the first time a legislative resolution has sought to nullify certain requirements for amending the American Samoa Constitution.

Last year a Senate resolution was approved to reinstate the authority to the American Samoa Government and its people to amend the Revised Constitution of American Samoa with the approval of the U.S. Secretary of Interior.

Federal law requires that after the Secretary of Interior reviews amendments to the Constitution of American Samoa it then goes to Congress for approval. However, the Senate Resolution points out that “there is a desire and need of the people of American Samoa” to repeal this portion of the federal law.

It says that over the past 55-years, the people and the territory of American Samoa “has grown tremendously as a self-governing and self-sufficient island nation. We as a territory are confident that we are more than capable of handling our internal affairs as they influence our daily livelihoods.”

According to the resolution, repealing the federal law “will eliminate the extra step” requiring Congressional approval for amendments to the local constitution.

However, it made clear that the federal government’s presence would be acknowledged through the Secretary of Interior, who continues to act on its behalf.