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https://hdl.handle.net/1959.11/57565
Title: | Case Note: Fitisemanu v. United States: U.S. Citizenship in American Sāmoa and the Insular Cases |
Contributor(s): | Charlton, Guy (author) ; Fadgen, Tim |
Publication Date: | 2022 |
DOI: | 10.5070/P839158047 |
Handle Link: | https://hdl.handle.net/1959.11/57565 |
Abstract: | | This article considers the problematic place of individual American Sāmoans who have been denied full membership within the American political community, first due to the colonialist arcane notion of being unfit for full membership in the American community on racial and cultural grounds embodied in the Supreme Court's Insular Cases, and second, because these same cases have been repurposed, ostensibly to protect Indigenous culture. To that end, this article reviews the United States Tenth Circuit Court of Appeals' recent decision in Fitisemanu et al. v. United States, where a split panel reversed the U.S. District Court recognition of birthright citizenship to those born within American Sāmoa. The Appeals Court's decision determined that American Sāmoa was not within the scope of the 14th Amendment to the U.S. Constitution through a controversial repackaging of the so-called Insular Cases, which have been criticized as being emblematic of racialist and colonialist jurisprudence that justified the denial of rights to inhabitants of American colonial territories.
Publication Type: | Journal Article |
Source of Publication: | UCLA Pacific Basin Law Journal, 39(1), p. 25-46 |
Publisher: | University of California * eScholarship |
Place of Publication: | United States of America |
ISSN: | 2169-7728 0884-0768 |
Fields of Research (FoR) 2020: | 480302 Comparative law |
Socio-Economic Objective (SEO) 2020: | 280117 Expanding knowledge in law and legal studies |
Peer Reviewed: | Yes |
HERDC Category Description: | C1 Refereed Article in a Scholarly Journal |
Appears in Collections: | Journal Article School of Law
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