Pago Pago, AMERICAN SAMOA — A proposal to modify how amendments are made to the Constitution of American Samoa — or the amendment pathway — is one of the proposals submitted by the Constitutional Conventional Committee last week.

Tapa’au Dr Dan Aga outlined the chronology of events from when the Deeds of Cession were signed.

He reminded that there were two Deeds of Cession signed with the United States of America, first in 1900 with Tutuila and Aunu’u. In 1904 a second one was signed with Manu’a and in 1929 Congress accepted the Deeds of Cession.

In that year Congress assigned American Samoa under the purview of the United States President, in turn, at the time, the President delegated powers to the Secretary of the Navy to oversee Tutuila, Aunu’u, Manu’a, and Swains Island was added on.

After World War II the powers delegated to the Secretary of the Navy were then referred over to the Secretary of the Interior in 1951 by Executive Order.

In 1960 the Secretary of the Interior approved the Constitution of American Samoa. Tapa’au then explained the process of how amendments to the Constitution are made.

First a proposal goes through the Constitutional Convention Committee, which them votes on referral to the Constitutional Convention, and then if it is adopted by the Con-Con it is included on the ballot as a referendum. Afterward, it goes to the Department of Interior for their review, and if approved it will proceed to Congress for final approval. This is the existing law.

“Amendments or modifications to the Constitution of American Samoa may be made only by Act of Congress and this law was approved in 1983,” said Tapa’au.

An option is to delegate the powers back to Congress, away from the Secretary of the Interior as there are concerns over one person making any changes to the Constitution of American Samoa.

Another option to be considered is to remove powers from DOI and Congress and come back to the American Samoa people. “This is only language that we are borrowing and it’s not finalized,” clarified Tapa’au.

Congresswoman Uifa’atali Amata was the first to take the floor, speaking virtually at the hearing, she said, “Those who understand our unique status know some of our laws, customs and traditions are different from other territories and the states. For example, the way we select our senators and our land tenure system are unique to us."

Adding that as the Committee considers the future of our people and preservation of our cultural rights and freedom, there is an awareness of legal cases in federal courts and debates in the federal Congress about changes in how the U.S. Constitution and federal laws apply in American Samoa.

"Some who don’t understand our history mistakenly seek changes in law or policy that would make American Samoa more like states and other territories,” she said.

"In some ways that would change our Constitution and political status without local self-determination, in a way that would abuse rather than justly exercise the supremacy of federal law. Whether by amendment to our local constitution or local and federal statutes, our freedom and faithfulness to America can and will be preserved.

Amata encouraged the people of American Samoa to be honest and brave.

"Be smart as we forge a consensus about the three options that seem to be under active consideration for review by the Committee."

She said each option has merits and also raises questions.

(Read full text of her written statement in the Monday, June 13 issue.)