In October 2024, the High Court of American Samoa, an unincorporated territory of the United States, issued a staggering ruling that received little media attention.
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that → issue → attention
The justices ruled that, since American Samoa is unincorporated, the Second Amendment right to keep and bear arms does not apply there.
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right → rule → arms
The ruling allowed a near-total gun ban to take effect.
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ban → allow → effect
President Donald Trump and Secretary of the Interior Doug Burgum can and must reverse this immediately.
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Trump → reverse → this
The United States has 50 states and several territories, including Puerto Rico, Guam, the U.S. Virgin Islands, the Northern Mariana Islands and American Samoa.
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States → have → Rico
The District of Columbia also is not a state; however, unlike the other territories, it receives three electoral votes for the presidency pursuant to the 23rd Amendment.
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it → receive → Amendment
None of these territories receives voting representation in Congress, though delegates from the territories can sit on congressional committees and, for instance, serve as managers for the House during a Senate impeachment trial.
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delegates → receive → trial
These territories generally have courts, such as the U.S. District Court for the District of Puerto Rico and the U.S. District Court for the District of the Virgin Islands.
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territories → have → Islands
Presidents nominate judges to these courts, and the Senate confirms them.
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Senate → nominate → them
As Article IV judges, those on these courts serve with a tenure of 10 years, and litigants may appeal their rulings through the relevant circuits.
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litigants → serve → circuits
When territories violate constitutional rights, individual litigants or the Justice Department can sue them in federal court.
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litigants → violate → court
President Trump's Justice Department did precisely that last year, accusing the U.S. Virgin Islands of enacting gun restrictions that run afoul of the Second Amendment.
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that → do → Amendment
American Samoa differs judicially and in other ways from the other territories.
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Samoa → differ → territories
No statute grants birthright citizenship to those born in American Samoa, unlike every other territory.
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statute → grant → territory
American Samoa also has no federal court, unlike other territories.
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Samoa → have → territories
The High Court of American Samoa serves as the ultimate judicial authority in that territory.
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Court → serve → territory
48 U.S.C. § 1661 vests the president with civil, military and judicial control over American Samoa.
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§ → vest → Samoa
A 1951 executive order by President Harry Truman delegated authority over the territory to the secretary of the interior.
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order → delegate → interior
Article III, Section 3 of American Samoa's territorial constitution grants the secretary of the interior the power to appoint justices to the High Court.
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Article → grant → Court
These justices serve no life tenure, unlike federal judges who serve during good behavior.
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who → serve → behavior
The secretary can remove American Samoa justices without cause and appoint replacements without Senate confirmation.
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secretary → remove → confirmation
President Trump and Secretary Burgum must act in light of the court's ruling against the Second Amendment.
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Trump → act → Amendment
That amendment stands as a cornerstone of the Republic, and the Supreme Court reaffirmed its vitality recently in Wolford v. Lopez.
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Court → stand → Lopez
Hawaii decided that it did not wish to comply with the Supreme Court's recent Second Amendment precedents.
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it → decide → precedents
It implemented an absurdly restrictive concealed-carry regime under which gun owners could bring their weapons onto properties only where signs expressly permitted them.
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signs → implement → them
The Hawaii Supreme Court relied on, among other ridiculous rationales, the so-called "Aloha Spirit" to justify this infringement.
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Court → rely → infringement
Hawaii argued that, prior to statehood, no right to gun ownership existed.
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right → argue → ownership
The Supreme Court, over a dissent from its three liberal justices, rejected that rationale.
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Court → reject → rationale
The Second Amendment applies just as much in Hawaii as it does in Chicago, New York and the District of Columbia.
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it → apply → Columbia
The broad authority Congress granted the president under Section 1661 empowers President Trump and Secretary Burgum to overrule this egregious decision.
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Congress → grant → decision
Federal courts have upheld this overruling authority in several cases, though the Supreme Court has never addressed the question squarely.
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courts → uphold → question
Beyond firing the justices and appointing new ones who respect the Constitution, President Trump should make clear in an executive order that the Second Amendment applies with equal force in American Samoa as it does in states and other territories.
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it → fire → states
If the High Court of American Samoa one day decreed that the First Amendment is inapplicable there — thus permitting the imprisonment of government critics — justifiable outrage would follow, even though American Samoa is only a territory.
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Samoa → decree → critics
The Second Amendment is no different, no matter how hard anti-gun zealots work to obscure that truth.
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zealots → work → truth
The current justices of the High Court of American Samoa have stripped it of any force whatsoever.
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justices → strip → force
The administration holds a simple, swift and lawful remedy, and they must use it.
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they → hold → it
The Aporia
