“DEED OF CESSION UP FOR GRABS: JUDICIAL FIAT STYLE”
Who benefits? The homeland or the mainland?
To engage effectively regarding ongoing discussions of automatic U.S. citizenship claims, I would like to approach the matter from an economic standpoint. This is also in addition to my first article that was posted on July 2nd titled: The Fourteenth Amendment: Citizenship Clause. Below are three points that I will expound on and would welcome arguments from those who favor U.S. automatic citizenship.
There has been so much outcry and outpouring of emotions regarding this issue that it is important to separate what is real and what is not. It is important to ask as well as question the validity of these “play-on” words and the correlation of which it implies. Also, the “cause and effect” of said issue should be relevant and direct that there would not be any room for hyperboles, political aspirations/motivations, replenishing of party coffers, and maximizing the voting bloc and turnout.
The following are words that exemplify the barrage of misdiagnosed colloquies that have no bearing or merit to the actual issue at hand: 2nd class citizens; injustice; colonial suppression; deprivation; and “What is the sense of having US national status when it is only used to keep American Samoans down?” just to cite a few examples.
In order for such “catch phrases” and statements to be plausible, there would have to be an element of “denial” or “rejection” of totality in which U.S. nationals COULD NOT use alternative methods to yield the highest outcome. In other words, the freedom to choose and the “option” subscribed to it allows the individual to exercise his/her own individual right and fully functional capacity precludes any sense of suppression or deniability. Since freedom is applied and present, the right to change your situation and status belongs to the individual and NOT the land or the ENTIRE population.
Also, when you apply the Deed of Cession (DoC), these “play-on” words become misnomers simply because the DoC is a document that applies to the protection and security of land and culture unique to its people. Since the document preserves the sovereignty, culture, and way of life of a specific people, it doesn’t deny or prevent the individual from cross traveling to the U.S. and back, and it doesn’t deny the individual from obtaining the highest aim, which is that of U.S. citizenship.
What stands between a U.S. national and a U.S. citizen is the DoC that safeguards the homeland, not the mainland. Clearly, by the very token that special considerations were rendered unto “conditions” that could allow a U.S. national to become a U.S. citizen, the proof is self- evident in that “special care” was intended for the people of American Samoa (AS) to maintain their identity and sovereignty from having to be conquered by the U.S. in its entirety.
In this light, these “catch phrases” and “play-on” words do not correlate to subject issue; they are meaningless and not substantive. (See Deed of Cession - original and printed) https://www.asbar.org/index.php?option=com_content&view=article&id=1950&... https://www.asbar.org/images/unpublished_cases/cession1.pdf)
Further, U.S. law of Organic Act is a method used by U.S. Congress to establish a territory and how it was going to be governed. Of the five (5) U.S. territories, AS is the only island from its inception that had a document (DoC) from which an agreement was initiated with the U.S. and certain “conditions” were built-in to secure its structure and foundation, whereas eventually it became a self-governing island through the creation of its Constitution on July 1, 1967.
This was due to the wisdom of our forebears. If their “intent” at the time was automatic U.S. citizenship it would have been declared and cited specifically in the DoC. In subsequent years, Guam Organic Act of 1950 was realized; Puerto Rico Organic Act 1900; Virgin Islands Organic Act 1936, rev. in 1954; and Northern Mariana Islands — a Commonwealth that remained under the auspices of U.S.
It would be beneficial to perform and apply the Cost-benefit Analysis (CBA) to the standing issue. For those who advocate for automatic U.S. citizenship, I would like to see a CBA conducted across the board including the most basic variables i.e. population (https://brilliantmaps.com/us-territories-resized/,) economic growth and sustainability.
Negotiations for commonwealth status began in 1972, and a covenant to establish a commonwealth in political union with the United States was approved in a 1975 referendum amongst Puerto Rico, Guam, Northern Mariana Islands, U.S. Virgin Islands and American Samoa. In other words, AS is the only U.S. national-status island and the rest are U.S. citizen-status islands. When you apply the statistics, AS does fairly-well if not better than those of her counterparts, considering AS status. See Small Business Profile for U.S. Territories conducted by the U.S. Small Business Administration – Office of Advocacy: https://www.sba.gov/sites/default/files/advocacy/US_Territories.pdf.
Moreover, if an analysis was conducted as to the direct impact of (+/-) variance, it would be the homeland that would suffer greater losses than that of the mainland.
The advocates of automatic U.S. citizenship mainly reside in the U.S. They want higher paying jobs; better opportunities, improved circumstances, promotions, voting, etc., and rightly so. Where would their allegiance stand, and which government would they pay taxes to?
They welcome greater opportunities but are not willing to go through a simple process to become U.S. citizens. They want more money but are not able to save and be responsible for their situation. They cry foul and label themselves all sorts of categories, but they have been living in the land of opportunity for quite some time, without a care in the world to understand the laws of the land. Suddenly, they woke up and demand that AS and the U.S. should cater to their every need. Such an “ENTITLEMENT” mentality!
How can you demand something when you don’t understand the consequences? How can you possibly reach for the skies when your own foundation is crumbling from under you? I came across this article (one of many) that shed some light into the political movement to secure U.S. automatic citizenship: (https://www.pri.org/stories/2016-11-01/millions-americans-cant-vote-pres....) That’s right. It’s about politics and the voting bloc turning out to vote.
The problem is now that this intended WAVE is creating massive noise; they don’t bother to look at the debilitating consequences that’ll threatened the culture, land and sovereignty that was secured by the DoC. They’ll be quick to reach for something and take it but leaving the disruption and mess for the homeland to clean up.
Advocates for automatic U.S. citizenship need to explain the Electoral College process that denies millions of U.S. citizens in Guam, Puerto Rico, Northern Mariana Islands, and Virgin Islands from voting in certain elections. Explain the limitations and representations thoroughly, including the consequences that’ll severely impact American Samoa. The people deserve to know, and they must know.
This issue should not be decided through Judicial Fiat, which is precisely the road being taken. The marching orders have been given; the drums beat aloud and men without scruples go on their merry way.
For those who have eyes and ears to see and hear, ponder, and reflect deeply — assess the URLs that I’ve cited herein, especially the Deed of Cession and other legal documents.
Wise up and defend the homeland!
Nafanua, Salamasina Malia Seiuli So’o Muagututi’a