 |
|
Amata urges "extreme caution" on hearings for U.S. Federal District Court in American Samoa
February 15, 2006
Aumua Amata today urged extreme caution in the effort to conduct public
hearings to discuss the establishment of a U.S. Federal District Court in
American Samoa.
Said Aumua, "As I reflect on possible hearings that may be held, I feel
obliged to express extreme caution in dealing with this subject. This is
discussed every two or three years and the conclusion of experienced lawyers
is always the same, and it's always unanimous. Establishing a U.S. Federal
Court in American Samoa would bring a swift end to our special relationship
with our land."
Amata stated that, in her twenty years experience with government, she has
heard this matter discussed often and at length and there has always been a
unanimity of opinion that should a U.S. Federal District Court be placed in
our islands, we would quickly lose control of our lands now protected for
the Samoan people. Under the U.S. Constitution, no limit can be placed on a
Federal Court's review of matters affecting the reach of the U.S.
Constitution. Moreover, she has never seen or heard of a legal opinion to
the contrary in her entire professional life.
"Even having a hearing can have unwanted results," she added, "because a
public hearing will create a written and detailed record that may encourage
others to use this public record as a basis for arguing that on balance we
do indeed need a U.S. Federal Court, even if we ourselves may decide this
would not be wise confrontation at this stage of our cultural development."
The nine-year veteran House Majority Leadership staffer continued, "If, for
example, Washington gets interested in this subject, the first thing
Congressional staffers will ask for is a record of the hearing. And what
will have been said on the record favoring the local establishment of this
Federal Court would be quickly used against us."
Amata explained, "Hearings develop records. Records are public information.
Such a record may become the basis for people in Congress to decide that we
must have a Federal Court with a controlling presence in our islands, even
if we ourselves conclude after the hearing that a Federal Court may lead to
unintended consequences."
"Wiser heads have said over the last fifty years: "Let it be."
"My father, Tali Peter Coleman, as Governor, had brief words for this
issue: 'Leave these things alone'."
Amata said, "I've listened to him discuss this over the years. If my father
were alive today, he would advise against it, advise strongly against having
this public hearing."
Aumua Amata concluded by saying, "Let's be clear about this. When we hold
hearings about having a Federal District Court established in our
islands, we are having a hearing about whether it is time to end our special
Samoan relationship with our land."
"I am sure that the people would be grateful if our leaders approached the
decision to have such hearings with extreme caution."
| |
|