Pago Pago, AMERICAN SAMOA — The Town Hall meeting hosted by the Senate last week Monday to gather public opinion on the veto override amendment, which will be on this week's general election ballot, attracted only a handful of people, with just seven individuals testifying.

They included Sinasina Joe Langkilde, Swains Representative Su'a Alexander Jennings, Kenneth and Luisa Kuaea, James McGuire, Kiso Skelton and Nathaniel Sotoa Savali.  

Sinasina Joe Langkilde informed the hearing that he hadn't intended to testify. He said that he had signed what he thought was a sign-in sheet for attendees, only to be summoned to testify by Senate President Tuaolo Manaia Fruean, who was chairing the hearing.

Sinasina explained that he had attended just to listen and gain an understanding of the purpose of the veto override amendment. He stated he wants to educate his wife and children about the proposed constitutional amendment so they can make an informed vote.

Tuaolo asked which specific part of the proposed amendment he did not fully understand.

Sinasina explained that he wanted a clearer understanding of the senators' stance on the amendment because he fully supports it.

He elaborated that in his analysis, once the Fono attains a two-thirds majority vote to override the governor's veto on a particular legislation, the matter should conclude there and then because the decision of the traditional leaders would have spoken.

Senator Malaepule Saite Moliga emphasized the distinct and separate functions of the three branches of government. He explained that the veto override amendment aims to ensure an equal check and balance between the legislature and the executive branch.

Currently, if the governor vetoes a bill, the Fono does not have the power to change the decision. However, if the veto override proposal is passed, the Fono would be able to override the governor's veto, making that decision final.

This, he stated, is true democracy, as the vetoed bill would no longer require approval from the Secretary of the Interior.

Malaepule clarified that the amendment is not about acquiring more power for the Fono, but ensuring an equal balance of power among the three branches of government. He noted that our ancestors laid the foundation for our government, leaving it to future generations to make changes that suit the times.

Senate President Tuaolo added that any change to the constitution currently has to be submitted to the Secretary of the Interior and then to Congress. However, a bill introduced by Congresswoman Uifaatali Amata would remove Congress from the review and approval process.

Sinasina expressed that he now understands and supports the veto override amendment, although he acknowledged that having Congress pass changes to the constitution would be a lengthy process.

Swains Representative Sua Alexander Jennings said that the veto override provision in the constitution should have been changed the day that American Samoa first elected its own governor.  

The veto override should rest with the Fono for checks and balance he reiterated.

He believes review and approval by Congress of changes to American Samoa's Constitution has provided a check and balance over the Department of Interior's response to American Samoa. He said for the last 46 years we have got everything we asked from the Department of the Interior (DOI) because Congress is there.

Kenneth and Luisa Kuaea said they were also there to listen and get some understanding of the veto override.

Luisa Kuaea observed that in the 2022 election 61 percent voted against the veto override, and said perhaps the people did not have enough understanding of the measure and also that there was some element of distrust if the Secretary of the Interior is removed from approval of bills vetoed by the governor.

Tuaolo provided an example scenario where the governor vetoes legislation that the Fono has approved to legalize abortion. The governor, being pro-life, decides to veto it, but the Fono insists that women should have the right to decide. The Senate President explained that this scenario illustrates the purpose of the constitutional amendment.

Senator Poumele Pete Poumele shared that his father advised him never to be complacent in governance and to always strive for ways to improve the quality of life for the people. He believes the veto override amendment is beneficial as it provides a check and balance in governing democracy, showing that the American Samoa government is adapting to changing times.

Senator Malaepule reiterated that the proposed amendment is not about the Fono seeking more power. He clarified that the Fono would only override vetoes on legislation they deem necessary for the public good. He pointed out that the government of American Samoa was established over 100 years ago, and the founding fathers challenged future generations to make changes that fit the times.

Malaepule emphasized that today's government cannot progress in the 21st century with decisions made 100 years ago, as many are now irrelevant to current societal needs.

The next witness was longtime resident James McGuire, who testified in his private capacity, expressed his support for the proposed amendment. McGuire works as a special assistant to the Senate President.

James McGuire testifies at the Town Hall meeting at the Senate chambers last week Monday, on the veto override amendment. [photo: Asi A. Fa'asau]

He revealed that he had voted in favor of the people of American Samoa electing their own governor in 1976 and commended successive administrations for their achievements, which have shaped the current state of the territorial government.

He also praised the televising of the hearing, emphasizing the importance of educating as many people as possible about the proposed amendment. McGuire stressed that it is especially crucial for younger generations to understand the amendment so they can make informed votes.

McGuire expressed his opinion that American Samoa's Delegate-at-Large in Washington D.C. should be present to voice her position on the matter. He also suggested that the previous Director and the Field Representative of the Office of Insular Affairs should provide their opinions.

His only complaint was that the younger generation on the island doesn't understand the Constitution as well as they should, and he advocated for it to be taught in middle and high schools. He pointed out that many students who graduate from high school and join the military take an oath to defend the United States but know little about the Constitution of the United States or the revised Constitution of American Samoa.

Senator Malaepule supported McGuire's testimony, recounting a visit by a group of students from one of the government schools to the Fono.

Malaepule said that he had asked the students if they knew what kind of government American Samoa had, and one student answered that it was the government of the governor. He also recalled that no one knew the correct answer when he asked them about the three branches of government and who the president of the Senate was.

(The American Samoa 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. There are three branches of government — Judiciary, Executive, and Legislature — with the judiciary independent of the other two.)

McGuire also raised the issue of the budget for the Office of the American Samoa Delegate-at-Large to the US Congress. He said this has been a concern he has brought up with everyone elected to office. McGuire emphasized that American taxpayers, many of whom are American Samoans, have a right to know where and how their hard-earned money is spent.

Kiso Skelton was the next witness.

The 25-year-old who is running for a seat in the House of Representatives informed the hearing that one of the concerns that led him to vote no on the veto override amendment in previous elections — a concern shared by friends he has talked to — is that while American Samoa is often likened to a democracy similar to that of the United States, in reality, only the House is popularly elected, while the Senate is not.

Kiso Skelton was one of the seven members of the public who testified at the Town Hall meeting at the Senate chambers last week Monday, on the veto override amendment. [photo: Asi A. Fa'asau]

He mentioned that there is a feeling among voters that they can hold members of the House accountable through the voting process, but the same cannot be said for the Senate.

Senator Malaepule explained that when the Fono was first formed, it was a single Chamber House of Alii.

Later on, the chiefs and leaders of Tutuila and Manu'a, with the approval of the US Government, felt the need for a popularly elected chamber, which became the House of Representatives. The upper chamber, or Senate, was selected by districts from among leading matais through a process of consensus.

He emphasized that young people should not think that only the House is elected by popular vote.

"The voice of the people in the selection of senators comes through their traditional leaders at the district level," Malapule emphasized.

Senator Magalei Logovi'i recalled that when he returned after graduating from college in 1974 and worked at the Budget Office as a Budget Analyst, he used to attend budget hearings at the Senate every year. He told Skelton that, like him, he was a 25-year-old at the time and also harbored similar thoughts that the senators were doing nothing but sleeping and getting paid for it. However, as time went on, he came to understand the depth of traditional wisdom the senators were applying to their deliberations and eventual decisions for the public good.

“Traditional knowledge, wisdom, and foresight cannot be taught in universities," Magalei declared. “It is an inherent train of thought from God that matais develop when they take on a title and responsibilities for the good of their respective families, villages, and districts.

"That's what makes the American Samoa Senate unique in the American political sphere, and it is something that the younger generations should learn to appreciate and treasure.

“After all, they are tomorrow's leaders of this territory, and they will represent their families, villages, and districts.”

Magalei emphasized that he was not criticizing the witness but hoped their discussion would enlighten him and the younger generations about the importance of the Senate's role in maintaining balance from a cultural perspective in the way decisions are made in the Fono.

Attorney Nathaniel Sotoa Savali, the counsel to the Fono testifying in his private capacity said while people understand the basic principle of the veto override they are not familiar with the history behind it.

A question he asked was why the veto override is not included in the Constitution. He said from his research, he found that the DOI was uncomfortable and unsure that we were mature enough to make our own decisions and they did not want the Fono to question the governor's decisions.