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UC Law Constitutional Quarterly

Abstract

This article examines the legal distinction between U.S. citizens and noncitizen nationals, with a particular focus on American Samoa. While residents of other U.S. territories—such as Guam, Puerto Rico, and the U.S. Virgin Islands—are granted U.S. citizenship by legislation, American Samoa remains the only unincorporated U.S. territory whose inhabitants are recognized as nationals but not citizens. This distinction results in significant political disabilities for American Samoans even when residing in a state, as they may not vote, hold public office, or serve on juries. The article argues that there is no substantive distinction between “citizen” and “noncitizen national” beyond the political benefits associated with each category and that extending citizenship to American Samoans would not undermine the territory’s political autonomy. Instead, it would grant essential rights and protections under U.S. law to its inhabitants when they reside outside the territory. These issues raise broader questions about the nature of citizenship itself. The article challenges Congress’s authority to create classes of citizenship, advocating against an imperial-style system in which different parts of the United States possess varying forms of nationality.

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