By Rep Su’a Alexander Eli Jennings
Swains Island Delegate
To the beloved people of Tutuila, Manu’a, and Swains Island, and my distinguished colleagues in the Fono: I once again beg your indulgence. As a veteran of the United States Navy and a member of the House of Representatives, I come before you in fulfillment of my sworn oath—to defend the Constitution of the United States and the Constitution of American Samoa—by respectfully opposing Senate Bill 39-18.
Considering Senate Bill 39-18: Swains Island Election Procedures
The Swains Island Delegate has exercised full voting rights in the Fono following the signing of the 2022 Amendment by the Secretary of the Interior on January 16, 2026, and its approval by the Speaker on March 26, 2026. This occurred without objection from the Executive, Legislative, or Judicial branches of our government, nor from the Department of the Interior—until now.
On January 30, 2026, Senate Bill 39-18 was introduced in the Senate, asserting that the 2022 Swains Island Amendment is not self-executing. In other words, it claims that a superseding statute (SB 39-18) – without a constitutional convention or referendum—is required to clarify and/or alter the election process under the Constitution before the Swains Island Delegate may vote.
A Culturally Diverse History
Swains Island became part of American Samoa over a century ago through a series of Congressional actions that marked the merging of three peoples and cultures:
• Deed of Cession with Tutuila in 1900,
• Deed of Cession with Manuʻa in 1904
• House Concurrent Resolution 294 on March 4, 1925, for Swains Island.
From the beginning, and in order to ensure equal treatment of all U.S. Nationals, the drafters of our Constitution—including our forefathers and the United States—recognized the importance of local customs. The 1960 Constitution of American Samoa (revised in 1967) established equal qualifications for all candidates for the Senate and the House, while preserving the right of each county and district—including Swains Island—to follow its own traditions in selecting its senators and representatives.
The Swains Island Amendment: A Treacherous and Endless Journey
Since 1960, the adult permanent residents of Swains Island have selected a delegate according to their customs to represent them in the Fono. While this delegate historically lacked voting rights –that changed during the 2022 Constitutional Convention.
Following an extensive debate—particularly regarding the lack of justification for denying voting rights for over sixty years, as well as the selection process of the Swains Delegate—the amendment passed by an overwhelming vote of 73 to 43, without requiring further constitutional changes. It was approved by a majority of voters in the November 2022 referendum, signed by the Governor in December 2022, and transmitted to the Department of the Interior.
A Three Year Pause:
In a sudden departure from a forty-year process governing the approval of our constitutional amendments, our Congresswoman requested that the amendments be withheld at the Department of the Interior so she could pursue the repeal of federal law, 48 U.S.C. § 1662a, which required a Congressional review of our amendments.
She ultimately succeeded in repealing 48 U.S.C. § 1662a when the President signed HR 6062in January 2026. Then after a three year pause, the Secretary of the Interior finally signed the 2022 constitutional amendments into law on January 16, 2026.
A Self-Executing Amendment
The Swains Island Amendment is self-executing. It simply removed the words “except the right to vote” from Article II, Section 2 of the Constitution. It did not require the creation of new election rules, nor did it single out Swains Island for special treatment. The amendment took effect upon its full approval on March 26, 2026. Since that time, the Swains Island Delegate has lawfully exercised full voting rights in the Fono.
The constitutional right to vote in the Fono is not dependent upon the manner in which a legislator is elected or selected. This principle applies equally to Senators and Representatives. Swains Island seeks, not special treatment, but equal treatment under the Constitution, consistent with our local customs.
Any fundamental constitutional change must originate with the people—not the Legislature.
For these reasons alone, Senate Bill 39-18 must be rejected.
The Ongoing Cost of Defending the Constitutions
• Personal conflicts with the ASG leadership
• Personal conflict with the Congresswoman
• Testimony before the U.S. Congress
• Verbal threats
• Physical assaults
• Deprivation of Representative privileges
• Forced removal by the Sergeant-at-Arms
• Public defamation
• Disciplinary action
• A pending lawsuit
• And now, Senate Bill 39-18
