Constitutional Ambiguity as Policy: The U.S. Federal Framework and American Samoa

Abstract

United States territorial policy represents an alternative constitutional framework in the relationship between the federal government and the nation’s constituent political units. It departs from the uniform tug and pull aspect of the debate over the extent of federal powers versus states’ rights, yet the existing structural tensions between the federal government and individual territories are separate and contextually unique in each instance. Furthermore, the Constitution of 1787 is explicit in the dispensing of federal responsibility and authority over U.S. territory. At some point, this provision served as a springboard for an evolution of a discrete relationship for each insular area with the U.S., forcing us to re-examine republican ideals inhered in a participatory citizenship and constitutional order. This differentiation is particularly evident with American Samoa. This research is a case study importing evidence from primary textual sources, critical analyses, and reports from multi-disciplinary sources, an exposition on the institutionalization of policies and structures that buttress the islands’ territorial relationship with the U.S.