Abstract
Does the Citizenship Clause of the Fourteenth Amendment confer United States citizenship on individuals born in American Samoa? How does one reconcile the competing values of preserving a unique culture and receiving the full protections of the U.S. Constitution? These were the issues brought before the court in Fitisemanu v. U.S.
American Samoa is the only U.S. territory where individuals born there are born as U.S. nationals, rather than U.S. citizens. While being born a U.S. national has certain rights and privileges not provided to noncitizens and nonnationals, the idea of distinguishing between a U.S. citizen and a U.S. national has a racist history. The Insular Cases arose in the early 1900s after the Spanish American War and deprived the newly acquired territories of birthright citizenship because their inhabitants were perceived as “uncivilized aliens.” This is the foundation for the idea of a U.S. national which is why maintaining this classification in 2024 is uncomfortable for many.
The Plaintiffs in Fitisemanu wanted to assert their right to birthright citizenship under the Fourteenth Amendment’s CitizenshipClause and in turn persuade the Court to overrule the Insular Cases. They were unsuccessful and the American Samoan government itself even opposed the claim due to fear of losing their indigenous political system and land rights once under the umbrella of the U.S. Constitution.
This Note critically analyzes the Supreme Court of the United States’ decision to deny review of Fitisemanu v. U.S. and the implications of the Court of Appeals’ opinion being left in place. After taking a closer look at the Citizenship Clause and the reasons for and against granting American Samoans birthright citizenship, this Note proposes solutions that may appease the concerns of both sides.
Recommended Citation
Moore, Michelle,
Case Note,
FITISEMANU V. UNITED STATES: AN ANALYSIS OF THE IMPACT OF THE SUPREME COURT’S DENIAL OF CERTIORARI AND THE FUTURE CITIZENSHIP (OR LACK THEREOF) FOR AMERICAN SAMOANS,
64 Santa Clara L. Rev.
537
(2025).
Available at: https://digitalcommons.law.scu.edu/lawreview/vol64/iss2/4
