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mothballed 2 days ago

This is why American Samoans aren't citizens. They aren't subject to the full jurisdiction of the USA even though they are born in the United States.

Yet you rarely find anyone giving a shit about the American Samoans, you never hear about it.

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>American Samoans aren't citizens because American Samoa is a territory, not a state. Puerto Rico has a special status that was extended to it to grant its residents citizenship – this isn't a status that's automatically granted to all territories, it requires Federal approval which AS has never formally pushed for.

Unless you falsely believe PR or AS are not part of the United States, you are just agreeing with me with extra words regarding the jurisdictional differences. The only option for denying birthright citizenship would be not born in United States, or not subject to jurisdiction thereof.

See this excellent prior comment[] on why the difference between PR and AS is jurisdiction and not whether it is part of the US.

>This seems entirely subjective.

I'm not going to do a formal academic study with you, it's plainly obvious as of late you see far more headlines on hackernews (a search shows a single HN topic on AS citizenship in the history of HN, but full page+ of search results on the birthright citizenship issue at hand) and elsewhere regarding the birthright citizenship issue at hand and far more rarely the fact American Samoans don't get it.

[] https://news.ycombinator.com/item?id=16700413

nozzlegear 2 days ago | parent [-]

American Samoans aren't citizens because American Samoa is a territory, not a state. Puerto Rico has a special status that was extended to it to grant its residents citizenship – this isn't a status that's automatically granted to all territories, it requires Federal approval which AS has never formally pushed for.

> Yet you rarely find anyone giving a shit about the American Samoans, you never hear about it.

This seems entirely subjective.

arjie 2 days ago | parent [-]

What a curiosity. It appears that other territories count by statute but for American Samoa the US national designation was created to give them similar rights to citizens but not voting or political office and in exchange the Samoans get some more self-determination than other territories. Cool!

mothballed 2 days ago | parent [-]

Yes, lots of them don't want the 14th amendment. They have racist/ethnocentric land ownership laws that contradict the 14th amendment, the same one that creates birthright citizenship.

There are also allegedly some low quasi-government tribal positions in remote areas where women are effectively ineligible for office, though this one is less provable, it also would not be consistent with constitutional protections.

arjie 2 days ago | parent [-]

So many historical curiosities in this whole thing. Hawaii vs Puerto Rico, for instance, the latter having more people but not a state. I imagine we put up with the Samoan rules because we wanted the strategic base. My own citizenship rests on the fact that other territories have been included into birthright citizenship by statute.

mothballed 2 days ago | parent [-]

Hawaii also bizarrely has 14th amendment violating land laws. There is a non-Indian-reservation, state owned land called the "Hawaiian Homelands" where only those of "the blood" of the right people can lease from. This violates the 14th amendment (SCOTUS has ruled Indians are exempted, but Hawaiians were determined in Rice v Cayetano to not be Indians) protections on equal protection under the law of different races to enjoyment of the public lands. No one has bothered to challenge it yet, but I expect especially under this SCOTUS the Homelands will get steamrolled if they do.

Hawaii's 14th and 15th amendment violating laws have slowly been getting flushed out. In ~2000 non "native" local voters could finally vote for all offices (RBG dissented, vouching for racist voting laws and against the 15th amendment), and IIRC not long after that it became possible for those with the wrong "blood" to hold all offices.

arjie 2 days ago | parent [-]

Fascinating. Another strategic base. It seems straightforwardly unconstitutional though I suppose it rests on this political vs racial classification. Though even that distinction has always felt dubious - being determined by ancestry rather than affiliation with a polity.