1

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

LENEUOTI FIAFIA TUAUA, et al., Plaintiffs, v. UNITED STATES OF AMERICA, et al., Defendants. . . . . . . . . . . . . . . . .

: : : : : : : : : : : :

Docket No. CV12-1143 (RJL) December 17, 2012 2:40 p.m.

TRANSCRIPT OF ORAL ARGUMENTS BEFORE THE HONORABLE RICHARD J. LEON UNITED STATES DISTRICT JUDGE

APPEARANCES: For the Plaintiffs: NEIL C. WEARE, ESQUIRE 1421 T Street, N.W. Suite 10 Washington, D.C. 20009 MURAD HUSSAIN, ESQUIRE ROBERT J. KATENBERG, ESQUIRE Arnold & Porter, LLP 555 12th Street, N.W. Washington, D.C. 20004 ELIZABETH BONNIE WYDRA, ESQUIRE JUDITH ELLEN SCHAEFFER, ESQUIRE Constitutional Accountability Center 1200 18th Street, N.W. Washington, D.C. 20036 (Appearances continued on the next page.)

APPEARANCES (continued): For the Plaintiffs (continued): CHARLES ALA'ILIMA, ESQUIRE Law Office of Charles V. Ala'ilima P.O. Box 1118 Nu'uuli, AS 96799 WYNNE PATRICK KELLY, ESQUIRE U.S. Attorney's Office Civil Division 555 4th Street, N.W. Washington, D.C. 20530 MICHAEL F. WILLIAMS, ESQUIRE Kirkland & Ellis, LLP 655 15th Street, N.W. Washington, D.C. 20005

For the Defendants:

For the Amicus Curie:

Court Reporter:

PATTY ARTRIP GELS, RMR Official Court Reporter Room 4700-A, U.S. Courthouse Washington, D.C. 20001 (202) 962-0200

Proceedings reported by machine shorthand, transcript produced by computer-aided transcription.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

P R O C E E D I N G S COURTROOM DEPUTY: Calling civil case 12-1143, Leneuoti

Fiafia Tuaua versus United States of America. Would counsel please come forward and identify yourself for the record. MR. KELLY: for the Government. Good afternoon, your Honor. Wynne Kelly

And with me at counsel table is Mahvish

Madad from the Department of State. THE COURT: Welcome. Good afternoon, your Honor. Michael

MR. WILLIAMS:

Williams from Kirkland & Ellis on behalf of Amicus Curie Congressman Faleomavaega. With me at counsel table is Victor The congressman is in

Salazar from the congressman's office.

Vietnam right now and extends his regrets that he could not be here. THE COURT: MR. WEARE: That's fine. Thank you, sir. Welcome.

Neil Weare with the Constitutional With me at counsel table

Accountability Center for Plaintiffs.

is Judith Schaeffer, Constitutional Accountability Center, Elizabeth Wydra and David Gans, also with the Constitutional Accountability Center, Murad Hussain and Rob Katerberg of Arnold & Porter, and Charlie Ala'ilima, our co-counsel, from the Office of Charles Ala'ilima in American Samoa. THE COURT: Welcome everyone. We are here for oral argument on

All right, counsel.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

the motion to dismiss. can divide its time.

The moving party gets to go first and So we will have 20 minutes for the moving

party, ten minutes for the Amicus, and then 30 minutes for the Plaintiffs in opposition. minutes for rebuttal. Mr. Kelly? MR. KELLY: Thank you, your Honor. Again, good And then moving party can have ten

afternoon, and may it please the Court. Your Honor, the Plaintiffs cannot state a claim in this case. As their requested relief, an order from this Court

decreeing automatic birth right citizenship for U.S. nationals born on American Samoa is contradictory to the plain language of the Fourteenth Amendment, the specific and unambiguous statements of Congress in the pertinent statutes, as well as all relevant legal precedent. For these reasons, the Plaintiffs'

complaint should be dismissed. Your Honor, the Fourteenth Amendment to the Constitution provides, in pertinent part, in section 1 that, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside." Your Honor, American Samoa is specifically not within the United States. It is designated by Congress as an outlying Congress specifically

possession of the United States.

enumerated it as such in 8 USC section 1101 subsection (a)(29).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1988.

Congress again spoke on the situation of an outlying possession in 8 USC section 1408 subsection 1 when it said that persons born to non-U.S. citizen parents in an outlying possession of the United States on or after the possession's date of acquisition by the United States are nationals but not United States citizens, again, the exact same language in the two statutes specifically enumerating what the status of American Samoa is. THE COURT: MR. KELLY: The second one was what year? Originally 1952, most recently updated in

THE COURT:

So that's been the state of play as to

American Samoa since '52? MR. KELLY: THE COURT: MR. KELLY: Yes, your Honor. All right. Your Honor, again, Congress' specific

unambiguous language on this topic is not simply as applied to American Samoa. This is the way that birthright citizenship has

been determined for all outlying unincorporated possessions of the United States since at least the early 19th Century. And Plaintiffs contemplate that in their complaint. They recognize that the proper way for an outlying unincorporated possession of the United States to receive birthright citizenship is through congressional action. what was done for Guam. That's

That's what was done for Puerto Rico,

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

for the U.S. Virgin Islands, and most recently the Northern Mariana Islands. Designating persons within those jurisdictions as nationals but not citizens then changed based on congressional action here. As your Honor knows, the elected -Have the courts ever done this? Your Honor, no -Have the federal courts ever declared

THE COURT: MR. KELLY: THE COURT:

someone or some group of people the rights to citizenship when Congress hadn't acted? MR. KELLY: No, your Honor. No court has ever done

what the Plaintiffs are asking the Court here to do. THE COURT: Well, we get a lot of cases of first

impression around here. MR. KELLY: We do, your Honor. However, courts --

other federal courts who have looked at similar situations, which we discussed in our brief -- for example, the Ninth Circuit both in Rabang, as related to the Philippines, and in Eche versus Holder, which is very recent, September of this year, as it relates to citizens of the Northern Mariana Islands. In both of those cases, the Ninth Circuit looked to the text of the Fourteenth Amendment, looked to the situation of the persons involved, and held that the birthright citizenship memorialized in the Fourteenth Amendment does not extend to outlying unincorporated territories, and it is up to Congress to

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

address that situation. And, similarly, regarding the Philippines, as we cited in our brief, other circuits have reached the exact same conclusion -- the Second, the Third, the Eighth, as well as, in passing, in this court in the Licudine case. THE COURT: MR. KELLY: So essentially it's a political question? It -- the question of whether the persons

on American Samoa are entitled to birthright citizenship is an issue that could be addressed by Congress, and the question of whether it automatically extends to them under the state provision, that is a political question. Under -- and,

therefore, the Court would not have jurisdiction if that is Plaintiffs' argument, that it automatically extends because it has the effect of a de facto state. And as your Honor has pointed out and as we pointed out in our briefs, and as Amicus has pointed out, if this is what American Samoa, as a people, want, then Congress can act and provide birthright citizenship, just as Congress has done in the other cases that we have identified. There is a reason that Congress has acted specifically as it has and provided this very unique, very special categorization for American Samoa. American Samoan way of life. It is in deference to the

It is to provide American Samoans

with a vehicle to citizenship, if they choose, by making them U.S. nationals in -- in recognition of American Samoa's

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

allegiance -THE COURT: Legislative history? MR. KELLY: My basis for saying that is both Now, what's your basis for saying that?

legislative history as well as the position of Amicus as well as this court's and the D.C. Circuit's exposition of the traditions of American Samoa in both King versus Morton and the Church of Jesus Christ of Latter Day Saints versus Hodel cases that went at length into the very unique situation of American Samoa in the United States as an outlying territory. And one thing that it's appropriate to mention at this time is in their complaint Plaintiffs do not allege that they have ever been denied citizenship as United States nationals. They have never alleged that they have attempted to naturalize and been denied for whatever reason. They simply say, we want And one --

automatic birthright citizenship immediately.

several of the Plaintiffs say, and we want it for our children as well. They have never said that they have gone to USCIS and requested to be naturalized as a U.S. national and had that opportunity denied. And there has been no allegation that that

situation has ever occurred to anyone beyond the individual Plaintiffs. THE COURT: MR. KELLY: So do they have standing? Your Honor, under Miller versus Albright

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

and Miller versus -- the D.C. Circuit's decision in Miller versus Christopher, we do believe that they do have standing because the D.C. Circuit and the Supreme Court held in that case -- now, that case was slightly different in that it was jus soli -- excuse me, jus sanguinis, not jus soli -- but the D.C. Circuit and the Supreme Court said that while the Government -- while Congress and the executive branch have exclusive jurisdiction over issues related to naturalization and immigration, that in this instance where the claim is that the citizenship existed at birth, that the Plaintiffs did have standing to bring the claim because, under the Administrative Procedure Act as well as the Immigration and Nationality Act that the Court could provide meaningful relief. THE COURT: MR. KELLY: All right. Your Honor, briefly, just to summarize what

I was saying is, again, while we believe that the Court's inquiry can begin and end with the plain text of the Constitution as well as Congress' statutory expression, as the Court noted and as we argue in our brief, no other court has done what the Plaintiffs have asked them to do, and every court that has been invited to decree that a class of persons are birthright citizens has declined to do so, particularly in outlying unincorporated territories. One other point that I would like to make is that Plaintiffs have also brought an Administrative Procedure Act

10

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

claim based on the passport stamp.

That claim is wholly There is no way that

contingent on their constitutional claim.

they could sustain that claim without a finding by the Court that the Plaintiffs themselves have birthright citizenship which would require a finding that 8 USC Section 1101(a)(29) and 8 USC section 1408(1) are unconstitutional. Otherwise, their

Administrative Procedure Act claim falls on its face because all that the Department of State has done is simply issued passports in accordance with the legal status that Congress has memorialized in those statutes. Your Honor, in the Plaintiffs' briefs, they have attempted to draw distinctions between the cases related to the Philippines and the situation of the American Samoans here. those distinctions, if there are any, have no weight on the legal analysis which is no court has ever held that the Fourteenth Amendment -- birthright citizenship automatically applies to outlying unincorporated territories. And, in fact, All

ever court to examine the issue has held the opposite. THE COURT: That kind of gets me to the -- what I think

is an obvious question, which is for equal protection analysis, who are the similarly situated parties that they are similarly situated to? I mean, aren't each of those outlying territories

unique in their own right? MR. KELLY: Yes, your Honor. In fact, the cases that

have examined those have gone into the specific cultural and

11

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

historical traditions of each -- I believe, in addition, we have the Northern Mariana Islands with Eche versus Holder, Rabang versus INS for the Philippines. There is also a case called

Ballentine that we cited in our brief, which is from the Third Circuit, relating to the U.S. Virgin Islands. And in each of those instances they examined the unique cultural/historical traditions of the territory at issue to determine, you know, what constitutional protections applied. Here, not only do we have the analysis of the cultural traditions, but just like in those cases where Congress did eventually specifically speak to their status, Congress has spoken here to the status of -- of the citizens of American Samoa and said that they are U.S. nationals, but not birthright citizens. THE COURT: Has Congress ever gone so far as to

actually entertain and vote on a bill that would give the residents of the American Samoas birthright citizenship? MR. KELLY: directly. I believe that Amicus could answer that

To my knowledge, there has not been a vote; there has

been contemplation of statutes related to streamlining the process and making it even easier for American Samoans to become citizens if they so choose, but I am not specifically aware, your Honor, of whether a vote on this particular issue has taken place. THE COURT: Okay.

12

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

MR. KELLY:

Your Honor, based on these arguments, on

our briefs and our reply brief, again, we believe that the text of the Fourteenth Amendment, the statutory text at issue, as well as the case law, should the Court look to, indicate that the Plaintiffs have failed to state a claim, and we respectfully request that our motion to dismiss be granted. THE COURT: MR. KELLY: THE COURT: All right. Thank you very much.

Thank you, your Honor. Mr. Williams? Good afternoon, your Honor. Michael

MR. WILLIAMS:

Williams for Kirkland & Ellis on behalf of Congressman Faleomavaega. We appreciate very much your office's attention

to these issues and your giving the Congressman time to be heard on them. They are of great importance to his constituents. Because you have given us time, I am going to try to be very careful with it. And I would like to make three brief

points for your Honor's consideration, one on the law, one on the potential implications of the relief that the Plaintiffs request, and finally some thoughts on a path forward with respect to Samoan citizenship. THE COURT: He left five minutes of his time on the So you will have 15 instead of

table, so you can have those. 10. MR. WILLIAMS: your Honor.

And I will try not to use all of it,

I would hate to put everybody to sleep.

13

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 case.

But on the law, to start out, I think your Honor hit the nail right on the head when you asked have courts ever done this? And the answer there is emphatically no. The relief that

the Plaintiffs are requesting in this case is literally without precedent. It's literally without precedent in that there are

no cases that support the wholesale extension of birthright citizenship to a class of persons, but Plaintiffs take the Defendant, the Amicus, to task, stating that they have only one case -- and this is on page 25 of their brief that supports their arguments. That case, of course, is a case of the United It's one case that

States Supreme Court, Downes versus Bidwell. carries a lot of weight.

And not only does that case carry a lot of weight on its own, but it has been adopted by the Federal Courts of Appeals time and time again. Its holding has been recognized by

the Supreme Court of the United States as recently in 1990 in Verdugo-Urquidez and its meaning has also been reaffirmed in the Boumediene case which, while decided under other circumstances -- and your Honor is as familiar as any Judge in the country with the issues in Boumediene. Justice Kennedy, in

his opinion there, noted that the Insular cases still carry their weight. THE COURT: Well, I kind of liked the dissent in that

MR. WILLIAMS:

And the dissent is even better for the

14

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Defendants in this case, as you know, your Honor. But with all of that said, it's not just that Congress and even another District Judge of this Court has recognized Downes versus Bidwell to be good law, but the Congress has time and time again recognized that if there is to be an extension of citizenship to people from the outlying territories, that it must be done through the political branches. And whether it's

phrased, as the Defendants urge in this case, as a result of the citizenship clause not extending to the unincorporated territories, whether it's a function, as the Defendants also argued in their brief, of Congress' plenary authority over immigration and naturalization, the effect is the same. When Congress determined whether or not the Virgin Islands, Puerto Rico, the Commonwealth of Northern Mariana Islands or Guam were entitled to citizenship, they did so through congressional processes and not through judicial intervention. Now, to answer -THE COURT: So do you view it through the prism of a

political question and whether it's a political question that the Court should stay out of or do you see it through a different prism? MR. WILLIAMS: Honor. I see it through a different prism, your The

And on that we part company with the Defendants.

reason why is I don't think that it meets all the political

15

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

question criteria of Baker versus Carr.

I think the Plaintiffs

make an argument that, under de la Rosa -- this is a question about citizenship rights, not about whether American Samoa is entitled to some greater political status. And so even though the substance of the question, citizenship for the American Samoan people, is something that should be decided by courts, we think your Honor certainly has the authority to reject this claim, just as the Ninth Circuit rejected a simply claim in Rabang, just as the Third Circuit did so in Valmonte, just as the Second Circuit did so in Lacap. This is the sort of question that a court can resolve, and it should resolve it according to the case law and find that birthright citizenship should not be extended to the American Samoan people who are nationals of the United States. Now, there is a suggestion in Plaintiffs' brief -- I believe it's on page 25 -- that Congressman Faleomavaega is trying to deny citizenship to his own constituents. And there

is sort of this hint that he is doing something wrong there. And what the Congressman wants to make clear in these proceedings -- and I hope that it has come through in the brief -- is that this isn't just trying to deny his constituents a right. It's an urging this Court to take caution in doing

something that's completely unprecedented with respect to a culture that the United States Government has agreed to protect and that has agreed to honor. And that's really what brings the

16

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Congressman before your Honor today. You have seen in our briefs the Congressman had pointed out that extending birthright citizenship to the American Samoan people would have, as we put it, unanticipated and potentially harmful effects. In the D.C. Circuit, Judge Ginsburg, in the

Presiding Bishop versus Hodel case, acknowledged that the American -THE COURT: D.H. Ginsburg? D.H. Ginsburg, in his first opinion on

MR. WILLIAMS:

the bench about American Samoa, pointed out that American Samoan culture has wholly dissimilar traditions and institutions from that in the United States. And he said in that case, in Hodel,

that that urges caution in trying to extend United States rights under the Constitution to the culture of American Samoa. In our briefs we have tried to point out various facets of Samoan life that might be impacted by the wholesale extension of birthright citizenship. First and foremost among those is -- are the restrictions on alienation of land in American Samoa. We've

cited the Craddick case from the American Samoa high court that points out how fundamental this notion of communal ownership of land is to the Samoan people. But I would like to also point out that that's really just a feature. It's one aspect of a culture that's so rich and

so vibrant, yet at the same time so different from what American

17

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Samoans on the mainland understand, that even to isolate that one aspect of American Samoan law as under threat really doesn't do it justice. That one aspect, communal ownership of land, is

a function of the Samoan views toward family, toward society, toward leadership. And all of these features of Samoan culture

are wholly different from what we understand in the United States. And this manifests not just with regard to communal ownership of land, but even things that we take for granted here on the mainland, your Honor. The idea that we no longer have

hereditary titles, the notion that our United States Senate can't have a nobility requirement in the way that, at least by analogy, the American Samoan Territorial Senate has. Those are all facets of American Samoan culture that are of deep importance to the American Samoans, that they believe represent who they are, that might come under closer scrutiny and in many cases might be invalidated by other courts if the American citizenship is extended wholesale to the people of American Samoa. In American Samoa today, your Honor, on a daily basis, as we have pointed out in our reply brief, the roads are shut down for religious prayer curfew. It's not something that one

encounters in Washington, D.C., or even in California or even in the deep south. It's something that would probably come under a

First Amendment challenge if it were to occur here on the

18

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

mainland.

But because of Samoa's status as an unincorporated

territory, it's a valued and ordinary part of life. And that brings us to the second part of this point, your Honor. It's not just that Samoan culture is so different.

If that were the case and if this were a conflict between a constitutional necessity, which it isn't here, and Samoan culture, the constitutional necessity would probably win out. But in this case -- and this is my third point about a path forward -- the United States has agreed, and Samoa has acceded to this notion, that the United States would honor and credit American Samoa. We have quoted in our brief a line from Congressman Faleomavaega, who is proud to point out that American Samoa has never been conquered, never been taken as a prize of war, and never been annexed against the will of its people. The entire

history of the Samoan people and their relationship with the United States is one of voluntary agreement. The United States

didn't conquer Samoa, and the Samoan people are very proud to point that out. Rather, the American Samoan chiefs agreed that

they would come a part of the United States, and when they did so, your Honor, they had certain expectations. When they signed the deeds of cession in 1900 and 1904, they believed, and they have since enshrined both in organic legislation that they passed, the American Samoan Constitution, and the Constitution as revised, that they would be able to

19

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

preserve Fa'a Samoa, their native way of life.

It's not just

that their culture is incompatible with birthright citizenship, your Honor, but it's that the United States has said, we are going to show caution in extending the Constitution to this area because it's unique, because it has this culture, and because this culture is something that they have said is paramount to preserve. Your Honor asked a very telling question about the equal protection analysis. It's very true that each of these

unincorporated territories, each of these people, is very different, and so it's not a one size fits all solution. But

it's my understanding -- and Plaintiffs can correct me if I am wrong about this -- that they are urging this Court to adopt a system under which, if there is a United States territory, the people who are born there have to be United States citizens with all of the rights and obligations that that requires; that is, if the United States could no longer find a territory like American Samoa, to the extent it exists, and promise those people, become a part of the United States, let's find if there is a way we can mutually pursue our interests, but we will protect and preserve your culture. And, if anything, rather than extending benefits to the American Samoans, that's really hobbling the United States in a way that I don't think the framers of the Fourteenth Amendment intended or that's been anticipated by any of the courts dating

20

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

back to Downes versus Bidwell. Now, I said on the third point I would like to make a point about a proposed path forward, and it's the point that we've discussed in our briefs and that the Government has also hit upon, and that's that to the extent that any American Samoan national wants full birthright citizenship or wants full birthright citizenship for his children, as many of the Plaintiffs have alleged here, they can seek it out, and the United States Congress while never having considered legislation that would extend citizenship to the American Samoan people, has provided for streamlined immigration and naturalization procedures. THE COURT: What percentage of the people there,

roughly, are American citizens? MR. WILLIAMS: In American Samoa, I don't have that I do know that a growing

information offhand, your Honor.

percentage of them do naturalize, whether in American Samoa itself or in the United States. THE COURT: States. Well, quite a few come to the United

That's for sure. MR. WILLIAMS: And we have some difficulty in

determining how many American citizens are in American Samoa because there are no immigration restrictions on traveling between American Samoa and the United States. THE COURT: Do you know by any chance whether or not,

21

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

as a consequence of citizenship, a person living in American Samoa who is an American citizen is, as a result of being an American citizen, no longer qualified to serve in certain government capacities in the American Samoa Government system? MR. WILLIAMS: It's my understanding that that's not a

problem, your Honor; that is, the American Samoan Constitution, which refers to United States nationals, has been interpreted by the high court of American Samoa to extend to American citizens who are residents of American Samoa. So I think it's true that

even if you or I were to move to American Samoa, we could run for the lower house of their Fono, their territorial legislature, but we couldn't be senators unless we also had a chiefly title. THE COURT: I don't have one of those. I don't either, your Honor, but I am

MR. WILLIAMS: working on it. THE COURT:

Good luck with that. Right. And I am joking, but the point

MR. WILLIAMS:

is, your Honor, that there is a way for individual plaintiffs who find themselves drawn closer to the United States, who want to vote in national elections, who find themselves having difficulty with firearms registration laws or the like -- and those are allegations in the pleadings here, your Honor. If

this case were to go past a motion to dismiss, we would probably have to introduce evidence about whether or not there really are

22

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

restrictions that prevent American Samoans who have served in distinction with the United States military -THE COURT: True. -- from progressing through the ranks.

MR. WILLIAMS:

I think those are allegations that your Honor has to take true, but I do want to make clear that I don't think that they are -that they should be accepted if this case goes forward. might be discovery on those points. But the point is, your Honor, if the Plaintiffs in this case wish to become citizens, there is a clear path, and there is an easier path than for anyone else who would want to naturalize in that the five-year residency period to become a permanent resident alien would be waived; time that's spent in American Samoa count towards the continuous residency requirement in order to become a naturalized citizen. There There

are, as Plaintiffs point out, filing fees that would be need to be paid and a test that would be passed -- that would need to be passed, and an oath that would need to be administered. But

with all that said, American Samoans were granted by Congress this streamlined way to become part of the United States in recognition of the close relationship that the two peoples have. So for the rest of American Samoa, for the people like Congressman Faleomavaega who value their status as United States nationals, but who, in their hearts, prefer to be Samoan citizens rather than United States citizens, the answer would be

23

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

that if Samoan ever decides to make a change, the people of Samoa can petition the United States Congress, and the United States Congress, in the views of Amicus, Congressman Faleomavaega, would be open to their concerns. It would be

receptive to a change in status if ever requested. But at bottom, your Honor -- and I will close on this point -- it's Congressman Faleomavaega's view that it should be the people of American Samoa, and with all respect to this Court and with all respect to all of the lawyers here, not courts, not lawyers, and certainly not people who are discussing things in Washington, D.C. -- it should be the people of American Samoa who decide whether there should be a change in the status of the people there. And unless your Honor has any further questions -THE COURT: You are right on the timetable. Terrific. Thank you, your Honor.

MR. WILLIAMS: THE COURT: Mr. Weare. MR. WEARE: please the Court. THE COURT: MR. WEARE: question.

Thank you, Mr. Williams.

Good afternoon, your Honor, and may it

Good afternoon. Your Honor, this case presents an open The

As you said, it's a case of first impression.

Supreme Court has never decided whether the citizenship clause applies in United States territories like American Samoa, and

24

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

neither has the D.C. Circuit.

Because it's an open question, we

think the answer to whether our clients have stated a claim upon which relief can be granted can be found by looking to the text and original meaning of the citizenship clause itself. And to the degree the Insular cases inform the application of a individual constitutional right, like birthright citizenship in American Samoa, the D.C. Circuit's framework in King v. Morton requires a factual determination whether that right would be impractical and anomalous. For this

reason alone we think the Defendants' motion to dismiss should be denied. Defendants and Amicus talk about, you know, what Congress has thought about this issue over the last hundred years, but they didn't -- they haven't talked a lot about what really the original meaning of the citizenship clause and what the text of it itself says. Section 1, of course, says --

guarantees birthright citizenship to all persons born in the United States. So section 1 refers to the United States.

Section 2 refers to the several states in a clause dealing with apportionment, and Defendants argue that they have the same meaning; they are basically synonyms, yet the framers of the Fourteenth Amendment used -THE COURT: It says born in United States and subject

to its jurisdiction, right? MR. WEARE: Born in the United States and subject --

25

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

yeah, and subject to its jurisdiction, your Honor, correct. So Defendants argue that those are synonyms, but the framers of the citizenship clause understood something very different. Senator Trumbull, who was the chairman of the Senate

Judiciary Committee, also the author of the 1866 Civil Rights Act upon which the citizenship clause was based, said while the second section refers to no persons except those in the states of the union, the first section refers to persons everywhere, whether in the states or in the territories or in the District of Columbia. Really, this broader notion of -- that the phrase

"the United States" includes the full territorial limits of the United States, not just the states alone. THE COURT: notion? MR. WEARE: They actually endorsed that exact notion Has the Supreme Court ever endorsed that

four years after the citizenship clause was ratified in the slaughterhouse cases which dealt with citizenship and the Fourteenth Amendment. In those cases the Court said that the

citizenship clause put to rest the notion that, quote, those who had been born in the District of Columbia or in the territories, though within the United States, were not citizens. The understanding at the time the citizenship clause was ratified was also that this phrase "the United States" encompassed more than just the states alone, as in a well-known decision at the time, Chief Justice Marshall had said in the

26

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Loughborough decision that the United States -- Loughborough, Chief Justice Marshall. It was L-O-U-G-H-B-O-R-O-U-G-H. It's

cited at note 13 in our brief. THE COURT: MR. WEARE: THE COURT: MR. WEARE: Loughborough. Loughborough, your Honor. That's how we pronounce it out here. It sounds better to me.

But he made an important point, and that was that the United States was, quote, the name given to our great republic, which is composed of states and territories. And so those who drafted the Fourteenth Amendment had a clear understanding, when they used the phrase "the United States" rather than the more narrow phrase of "the several states" in the second clause, to capture this broad notion, and really what the citizenship clause was about, which was constitutionalizing this common law understanding of jus soli, which was well understood not just at the time of the Fourteenth Amendment but even going back before then. During the debates over the Civil Rights Act which, by statute, created a very similar protection, Representative Wilson, who was the chairman of the House Judiciary Committee quoted an influential treatise by William Rawle, going back to 1829, which said every person -- said the understanding of this common law rule, and it was that every person born within the United States, its territories or districts is a natural-born

27

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

citizen in the sense of the Constitution. And then the Supreme Court, just two years before American Samoa was acquired by the United States, in a decision, Wong Kim Ark, considered very carefully the meaning of the citizenship clause. Looking back at its history and looking

back at this birthright citizenship principle of jus soli and said that constitutionalized birth within the dominion of the United States, a common law concept going back to England -THE COURT: Do you think it's just a historical

accident that it's always been Congress as opposed to the judiciary that's made the decision as to the extension of birthright citizenship beyond the states of the United States into certain territories? MR. WEARE: Well, I wouldn't exactly call it an

accident but, you know, the fact that Congress says that a certain constitutional right applies in a territory doesn't always necessarily mean that that means Congress has the right to withhold that protection. It's always a useful thing to have

Congress recognize constitutional rights. THE COURT: Just from a common sense point of view,

doesn't it make more sense for the legislative branch of Government to be making decisions of this kind as to whether or not and under what circumstances to extend birthright citizenship outside the United States to its various territories as opposed to an unelected judges who sit and deal with cases in

28

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

controversy?

Doesn't it make more sense for the Congress to be

the place where decisions of that kind are made? MR. WEARE: Well, Congress does have a very important

role, your Honor, but that role is in deciding whether or not these areas do become part of the United States. So the

question -- you know, there were deeds of cession from the American Samoan people to the United States, and those deeds were ratified by Congress, recognizing that American Samoa would become part of the United States. At that point, the purpose of the citizenship clause, as recognized by the framers, was to remove this question of citizenship from the political process. The framers said, you

know, the purpose was to settle this great question of citizenship. And in the same Wong Kim Ark decision that the Supreme Court really examined the meaning of the citizenship clause they said explicitly that no act or omission of Congress can affect citizenship acquired as a birthright by virtue of the Constitution itself and that the Fourteenth Amendment has conferred no authority upon Congress to restrict the effect of birth. THE COURT: Why is it, do you think, that these various

Circuit Courts that have been cited by the Defendants in their pleadings and, of course, in oral argument as well -- and certainly Mr. Kelly referred to some; Mr. Williams referred to

29

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

some -- Second Circuit decisions, Third Circuit decisions, Ninth Circuit decisions -- why did they all get it wrong? you -- you know, is this a coincidence? How do

Or is it just a

failure -- a wholesale failure in judgment in our Federal Circuit Courts? clause? MR. WEARE: No, I wouldn't necessarily go so far as to They just don't understand the citizenship

say they got it wrong, but the Philippines really are a different question than birth in American Samoa. THE COURT: And so --

You are arguing an equal protection

argument, are you not, at least in theory, that the people of American Samoa are similarly situated to the people in Puerto Rico, Virgin Islands, pick a place? Mariana. You know, I mean, Northern

You are arguing that, look, they are similarly

situated to them, and they should be getting a birthright of citizenship just they way they do in Puerto Rico, et cetera. MR. WEARE: Well, we think that certainly the

extension -- or the recognition of citizenship in those territories demonstrates that citizenship by itself is not an inherently impractical and anomalous concept within U.S. territories. But going back to this Circuit's framework in

King v. Morton, it recognizes that there are indeed factual differences between different territories that can have an effect on constitutional rights. So, your Honor, that case examined the issue of trial

30

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

by jury in American Samoa.

Many of the same arguments we heard

from the Amicus today about how impractical that would be with respect to local culture and customs were raised in that case. And what the D.C. Circuit said essentially was their understanding of the Insular cases was not that it would turn on something like -- you know, key words like fundamental or this unincorporated territory, but rather it was a factual determination of whether that right would be impractical and anomalous. And on remand, the Circuit Court reversed the District Judge below and, on remand, the District Judge considered whether it would be impractical and anomalous and concluded that it wouldn't, and held that there was a right to trial by jury in American Samoa, even as several of the Insular cases -THE COURT: MR. WEARE: THE COURT: MR. WEARE: Which Judge said that? That was Chief Judge Bryant, your Honor. All right. And even though the Insular cases held in

some specific cases -- Dorr and also the Balzac case -- that there was not a right to trial by jury in Puerto Rico and the Philippines because the circumstances in that historical period and also with those specific territories were very different. And that's really the lesson that the Supreme Court's recent decision in Boumediene really makes is that time does make a difference.

31

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

And the Supreme Court stated in Boumediene that, over time, the ties between the United States and any of its unincorporated territories strengthen in ways that are of constitutional significance, referring to the particular historic context in which the Insular cases themselves were decided. And, Of course, Boumediene dealt with the habeas

clause in Guantanamo, but it discussed at length the role of the Insular cases in territories, and really made clear that they don't give Congress the license to turn the Constitution on or off. The Court in Boumediene said the Constitution grants Congress and the President the power to acquire, dispose of and govern territory, broad powers, but not the power to decide when and where its terms apply. And specifically it said the test

for determining the scope of a provision must not be subject to manipulation by those whose power is designed to restrain. And that was exactly the purpose of the citizenship clause when it was ratified, was to overturn the Dred Scott decision, take the question away from the legislative branches which Congress was concerned might, at some future point, begin to manipulate and play with this idea of birthright citizenship. And so the ratifiers of the Fourteenth Amendment made clear that this was something that was to be removed from the political process. It's not a political question. It's one

that is fundamentally answered by the Constitution itself,

32

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

regardless of what Congress may say in future statutes. THE COURT: It's a political question as to what

islands or other pieces of property should become territories of the United States, is it not? MR. WEARE: THE COURT: MR. WEARE: THE COURT: Certainly, your Honor, and that is -I mean, that's a political question, right? Certainly, your Honor. All right. And the Court shouldn't get --

be getting involved in that kind of question; I assume you would agree with that. MR. WEARE: Yes. And this case, as we say in our

briefs, does not require that kind of determination. THE COURT: Right. Now, the decision to acquire

something and make it a territory of the United States, at least traditionally over the last century and change, has never included with it an automatic determination that those who are in that territory are birthright citizens; isn't that correct? Has that ever -- ever been stated? MR. WEARE: THE COURT: that, has it? MR. WEARE: question. THE COURT: Has the Supreme Court ever taken the I am sorry. I don't quite understand your Pardon, your Honor? The Supreme Court has never ever stated

position in any of its rulings that when Congress decides to

33

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

make an island or property a territory of the United States, what goes with that decision is an automatic birthright of citizenship to any who were citizens of that territory? MR. WEARE: You are correct, your Honor. The Supreme

Court has not specifically addressed that question although it has said in these other cases I mentioned, the slaughterhouse cases and Wong Kim Ark, of the broader understanding that the geographic scope of the citizenship clause extends both to states, territories and the District of Columbia. Congress has

never said that the residents of the District of Columbia are U.S. citizens. To my understanding, there is not a statute out Yet it's uncontested because -I will take judicial notice of that. Sure. I don't think that's in contest. And, similarly, up until 1900 it really was

there saying that. THE COURT: MR. WEARE: THE COURT: MR. WEARE:

an uncontested notion that anyone born within a U.S. territory would be recognized as a citizen. And it was really within this

kind of unique historical context of expansion overseas where Congress, we would argue, began taking power beyond what the Constitution allows to -THE COURT: Can someone born in American Samoa become

President of the United States? MR. WEARE: Again, that would be an open question. We

would argue under the citizenship clause, because they should be

34

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

recognized as citizens, that indeed they could do that. Going back to what these cases decided around the turn of the Twentieth Century, you know, said about citizenship, the reality is the Insular cases didn't address this question, and so Defendants and Amicus rely on a series of cases that actually weren't even about citizenship, weren't about the Fourteenth Amendment. The main case they rely on, Downes, was a case about And

the revenue clause and duties on oranges from Puerto Rico.

they placed the greatest weight on citations to Justice Brown's single justice opinion in that case, which even his own colleagues in the plurality rejected many of the fundamental assertions that he had made. The only opportunity they had to, in the Insular cases, to address this question of status was in a case called Gonzalez, and there the Court expressly avoided answering the question of citizenship. That case involved whether a person

born in Puerto Rico prior to its acquisition by the United States was an alien for purposes of immigration law. THE COURT: For the purposes of your Fourteenth

Amendment analysis, who are the people that you believe the American Samoans are similarly situated to? MR. WEARE: THE COURT: and unique histories. MR. WEARE: Sure. And to the degree those practical We -All these territories have unique cultures

35

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

considerations come into play demonstrate why it would not be proper to decide this on a motion to dismiss and why Defendants' motion to dismiss should be denied. Under the King v. Morton framework, it builds into the analysis this kind of sensitivity to practical local concerns and customs. But as in the King v. Morton case, it was

something that could not just be decided on a motion to dismiss. It required these kinds of factual determinations and, you know, we have heard quite a few -THE COURT: develop? MR. WEARE: Again, the King v. Morton framework What kind of facts do you feel you need to

requires a determination of whether the right in question, birthright citizenship, would be impractical and anomalous. And

those cases seem to suggest that it's the Defendants' burden to demonstrate that. The Defendants themselves have made no

allegations that citizenship would be impractical and anomalous in American Samoa. THE COURT: MR. WEARE: THE COURT: fast. MR. WEARE: I appreciate it. Thank you. Indeed, we don't -Slow down. Sorry. Thank you.

She is very good, but she can only go so

In American Samoa, as Amicus himself suggested, there isn't a lot of distinctions drawn between citizens and

36

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

non-citizen nationals.

In fact, you probably wouldn't know if

most people there are a citizen or a non-citizen national. THE COURT: Do you happen to know, by any chance, the

answer to the question I had asked earlier about what percentage of the people in living in American Samoa are actually U.S. citizens? MR. WEARE: I do not, your Honor. And, again, that's

just another fact that demonstrates why the motion to dismiss should be denied, so that these kind of considerations could be brought insofar as they relate to this question of whether it would be impractical and anomalous. THE COURT: Do you have to be an American citizen in

American Samoa to vote for the congressman who represents them here in our Congress? MR. WEARE: understanding. No, you don't under Federal law, is my

My understanding is also that the congressman

himself is a U.S. citizen, and yet he is able to, you know, function in the society there. THE COURT: MR. WEARE: He has dual citizenship? Again, Amicus mentioned this concept of

Samoan citizenship, but there isn't a legal phrase of that nature per se. They are nationals, but not citizens of the

United States, and that's their status at the beginning and at the end. THE COURT: What does their passport say?

37

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

MR. WEARE:

Their passport has a stamp on it saying the

bearer of this passport is a national of the United States but not a citizen of the United States. And this is truly

impractical and anomalous for our clients because what it means is that as they go -- if they live in another place in the United States, they can be denied the right to vote, denied the right to bear arms simply based on this denial of their citizenship. THE COURT: Hold on. I am little confused here. The

passport you are referring to that American Samoans have when they travel abroad on the front cover of it -- you know how ours have the seal of the United States? MR. WEARE: THE COURT: Um-hum. Right? It says United States of America.

What's on the cover of theirs? MR. WEARE: And my understanding is in all other ways We've actually included an The one difference is

it's identical to a U.S. passport.

exhibit of it, I think, in our complaint.

that -- and this is something they are reminded of every time they look at their passports, is of their subordinate status as non-citizen nationals where, if they -THE COURT: Couldn't they have a passport that has the

seal of American Samoa on it, that says, you know, American Samoa? MR. WEARE: There is no such -- American Samoa is a

38

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

U.S. territory just like any other U.S. territory. U.S. Army reserve station there.

They have a

They have JRTC programs in

their high school and an ROTC program in their community college. Their -- their schools are entirely taught in -- my

understanding is they are taught in English and have an American curriculum. There are certainly significant differences between American Samoa and other parts of the United States, but there are also incredibly similar ways that American Samoans are connected to their fellow Americans. And -- and the Defendants

don't deny that these are Americans living in American Samoa. They simply deny that these Americans are citizens and entitled to the same rights as every other American. Going back to the some of the other ways -- going back to this impractical and anomalous status and some of the ways that demonstrate -- that we could demonstrate, if we were at a stage that we could provide some factual evidence, that even now certain children born in American Samoa are recognized as citizens at birth. Those born to U.S. citizens who -- persons

who the Federal Government recognizes as U.S. citizens. So -- my co-counsel, Charles Ala'ilima, his father was a U.S. citizen when -- when Attorney Ala'ilima was born, and it meant that he was recognized as a citizen at birth. And the fact that citizenship is already recognized in many of these other territories, some of which have these same

39

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

cultural considerations, such as the Northern Mariana has similar land laws, this reflects that it's not the status of -it's the status of a non-citizen national that is impractical and anomalous, not that citizenship itself would be impractical and anomalous, and that's -- but that's a determination that requires that the motion to dismiss be denied under King v. Morton to allow for further development of that. Let me just go back. And, again, Amicus mentions many

harmful effects that citizenship might have there, but it doesn't really draw the connection between citizenship and these many other laws that they have raised constitutional concerns of. And there really is -- your Honor, as you said, these are

equal protection concerns, due process concerns, that don't turn on citizenship. persons. And so it's not clear how if -- even if -- if persons were to be recognized as citizens in American Samoa, how that would change any of the constitutional analysis in any of those questions. But, again, that's a reason to demonstrate why the Those are rights that are guaranteed to all

Defendants' motion to dismiss should be denied and this case should not be decided prematurely and allow our clients to have an opportunity to present more evidence in their case. A fewer other questions you raised, your Honor -whether there has been a bill relating to citizenship in American Samoa. The actual expectation of the American Samoan

40

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

people when -- in 1900 when they deeded their islands to the United States was they believed that they had become citizens. They saw the flag raised over their territory, and their understanding for many, many years what that they had become citizens by that very acquisition. When they were told that they hadn't, they were understandably upset because they thought for many years that they would. And a congressional commission -That happened when they couldn't vote in

THE COURT:

the presidential election four years later. MR. WEARE: THE COURT: MR. WEARE: Well, I am not sure exactly how -They must have figured it out then. Well, territories in general aren't able to

vote for the President, so they were having -- and their status at the time was they were being administered by the U.S. Navy, and so there were some differences, but they were told that they weren't citizens. And they said, well, a Federal commission

came to American Samoa and said, what is the main thing that you want? And they said, we want to be recognized as U.S. citizens. And Congress was receptive initially. Senator Hiram

Bingham, who was the head of that commission, introduced legislation that would have recognized U.S. citizenship for American Samoans while at the same time preserving these other cultural considerations that Amicus has raised. That

legislation actually passed twice in the U.S. Senate, only to

41

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

fail in the House based upon U.S. Navy opposition. And it actually came out later that U.S. Navy had withheld petitions from the American Samoan people to Congress stating that they wanted to be recognized as citizens while, of course, continuing to pursue -- preserve their cultural considerations. And, your Honor, our clients, they care as much as any other American Samoan about the preservation of Samoan culture. They just don't see -- they see it -- but they see it as a false choice between having the full rights of American citizens -THE COURT: MR. WEARE: Why was the Navy against it? Hard to say at the time, but they opposed

it, and it died in the House, even as it passed unanimously twice in the Senate. And so had that not happened, we probably

wouldn't even be having this conversation today, but it just highlights the broader concern of why this question of citizenship was intended to be removed from this political process. So regardless, you know, what -- you know, it's not something that should be put up to a vote in a similar way that the right to jury trial isn't put up to vote either. So the

King v. Morton case -- as I mentioned, many of these same concerns were raised that, you know, don't impose the right to jury trial on American Samoa; we should be able to choose this for ourselves.

42

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

And, on remand, Chief Judge Bryant, he said, you know, after it being argued that these questions should be resolved by the American Samoans themselves, he said, while, on its face, this position has considerable appeal, the fact is that trial by jury in American Samoa is not impractical and anomalous. And that's really the test in the D.C. Circuit for these questions of the application of individual rights in American Samoa, this factual determination that requires that the motion to dismiss be denied to allow the case to move forward and not be decided prematurely. And, you know, there's other similarities with the right to jury trial as well, you know, that it can't be put up to a vote, and it highlights, again, this broader purpose of the citizenship clause which was to put citizenship beyond the legislative power. They also raised this idea of naturalization as an easy path to resolve all these questions, and the congressman certainly has introduced a bill to make things easier, but the reality is now, for our clients who live the American Samoa, they can't even begin the naturalization process from there. First, they should not be required to naturalize because of the guarantee of birthright citizenship under the U.S. Constitution. This is an unconstitutional burden that they should not have to pursue. But even recognizing that, they would have to uproot

themselves and their families and move to other parts of the

43

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

United States to even begin that process which is very costly and burdensome. But they shouldn't have to do this because the text and original meaning of the citizenship clause itself has already answered this question for them, that so long as they are within the full and permanent sovereignty of the United States, an oath -THE COURT: in American Samoa? MR. WEARE: My understanding is that they can't, and They can't apply for American citizenship

the congressman has introduced a bill to change that. THE COURT: MR. WEARE: THE COURT: MR. WEARE: They can or can't? They cannot. They cannot. And so they would have to uproot their

family, move to another part of the United States just to begin this process, and it's a process that doesn't make any sense to begin with for people who the Federal Government recognizes are Americans. The idea that an American should have to go through the naturalization process to be recognized as a citizen is something that is entirely contrary to our Constitution and entirely contrary to the idea of naturalization to begin with. They are not renouncing any foreign nationality to be recognized as citizens. May of them have already given the oath

44

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

of office through their military service to be recognized as citizens. And this just demonstrates the connection they

already have to the United States as Americans. Being born within the territorial limits of the United States, as the citizenship clause recognizes, such that they should be treated the same as any other Americans whether born in American Samoa or -THE COURT: States to them? What's the closest part of the United

Hawaii? Hawaii is the closest. How far away is that? It's about a five-hour flight. And, you

MR. WEARE: THE COURT: MR. WEARE:

know, that's one of the other considerations in Boumediene, that, you know, the ties between the United States and these territories over time have increased. And so when American

Samoa was first part of the United States it, you know, seemed a very far-off place, but today, with travel and telecommunications, it really is part of the culture and fabric of the American community in a very important way. If you watched any football last night, you probably saw many American Samoans playing in the National Football League. They have really made themselves a part of the United

States, not just in fact and in law, but also in making important contributions in sports, even more so in their service in the military. They have -- in the Gulf War -- sorry. In

45

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Iraq and Afghanistan they have the highest casualty rate of any American community is American Samoans. And these are folks who our Federal Government is denying citizenship to by not recognizing them as citizens and requiring them to go through a naturalization process to be recognized as something that they should have as their birthright, and that the citizenship clause guarantees them as their birthright. THE COURT: MR. WEARE: You have two minutes left. Sure. Well, rather than take too much more

time, unless you had any more questions, I will go ahead and leave it there, your Honor. THE COURT: MR. WEARE: THE COURT: Mr. Kelly? MR. KELLY: THE COURT: MR. KELLY: Good afternoon again, your Honor. Good afternoon. Just to address the few points raised by That's fine. Thank you. All right.

Plaintiffs, Plaintiffs have said over and over that this issue is an open question here in this Court, but again, I think that ignores the fact that the Constitution itself is clear on this point, and Congress has closed the question. Congress has

specifically addressed what the status of American Samoa is as an outlying unincorporated territory and what the status of

46

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

persons born there is. THE COURT:

And --

If I were to agree with the Plaintiffs

here, would I effectively be ruling that that's unconstitutional? MR. KELLY: Yes, and they have asked for that in their

complaint, for you to make a determination that both -- I believe both 8 USC 1101(a)(29) and 8 USC 1401 are unconstitutional -- or it might just be 8 USC 1101(a)(29) is unconstitutional. Now, the other point is Plaintiffs keep saying over and over King versus Morton, King versus Morton, impractical and anomalous. THE COURT: MR. KELLY: They like that case. The only thing I just wanted to point out

is that relates to a United States citizen who had gone to American Samoa and who then was convicted of tax evasion by the high court of American Samoa without a right to a jury. So it

was -- the inquiry was the right of a U.S. citizen in the outlying unincorporated territory. Again, just -- while I know I keep repeating the phrase "outlying unincorporated territory" -- and Plaintiffs try very, very hard in their opposition to avoid that and say it doesn't matter because it completely undercuts all of their arguments related to the legislative history and the Wong Kim case and any other case that they try and cite which uses the word

47

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

"territory" to describe to those which either exists on the continent of North America and -- you know, between the Atlantic and the Pacific or were on a clear path to statehood. No court

has ever held that an outlying unincorporated territory automatically has this full panoply of constitutional rights. And in fact, all courts have recognized that there are limitations. And again, taking it a step further, no court has

ever recognized that automatic birthright citizenship under the Fourteenth Amendment extends to such a territory and, in fact, every court to examine the issue has found the opposite and held that it does not extend. One other point I wish to -- I don't believe that I -I know that your Honor is extremely familiar with Boumediene, so I don't believe I need to distinguish Boumediene from the facts here. I am happy to do so. THE COURT: circumstances. MR. KELLY: Yes, your Honor. That's a pretty different set of

And the only our thing I would like to clear up is, as far as -- the Plaintiffs are correct that the path to citizenship for an American Samoan requires a trip to Hawaii and, I believe, temporary residence in Hawaii. However, the

time in American Samoa counts towards the five-year period for naturalization, which is a unique status and is different. And,

in fact, that's one of the things that, in Eche versus Holder

48

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

that the Plaintiffs there wanted.

They wanted their time spent

in the Northern Mariana Islands to counts towards naturalization. And the Court held there -- the Ninth Circuit, So that's an example

excuse me -- there held that that did not.

of something that American Samoans enjoy that Northern Mariana Islands residents, prior to congressional action, did not enjoy. THE COURT: Do you have any -- I mean, we obviously Off the top of my head, I am not I know we

have bases in American Samoa.

sure if we have a Federal Court there, but we might. do in Guam.

Do you have any understanding as to why it is they It doesn't make sense

can't apply law there in American Samoa? to me, at first blush. MR. KELLY:

Your Honor, I believe -- and I just want to

be careful I am representing the interests of the United States accurately. I believe there is not a United States District I believe the District Court of Hawaii

Court in American Samoa. has jurisdiction.

The high court of Samoa's decisions, though, The Secretary of

are reviewed by the Secretary of Interior.

Interior was delegated responsibility for administration of the -- of American Samoa from the Department of the Navy by the -- by executive order. And so I say the District of Hawaii, I believe, would have jurisdiction over Federal issues related to U.S. citizens there as well as crimes related to American citizens, but I am not positive on that point.

49

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Why there is no immigration office there I believe is one of the reasons why the congressman has introduced legislation to try and streamline this process to make it easier for those who wish to -- to apply for citizenship. And, again,

it is the congressman, who is popularly elected by the people of American Samoa, who is taking this action, who, in response, has heard the requests for a little bit of streamlining and is taking action. If he hears that his people would like for Congress to determine that birthright citizenship should be conveyed to the citizens of American Samoa, then that's the proper avenue to act. And, again, as Plaintiffs themselves recognize, that's what has occurred in Guam, Northern Mariana Islands, Puerto Rico, U.S. Virgin Islands, et cetera. And I do think both your

Honor and Amicus have pointed out -- and Plaintiffs really can't escape this -- that should your Honor rule in their favor, then anytime that the United States acquires authority over a territory -- and while it doesn't happen often, it does happen, and there are hypotheticals where the United States exerts authority and control over an area -- then would the Fourteenth Amendment birthright citizenship automatically follow there? And that would be an untenable result and is certainly not meant -- is certainly contrary to both the text of the Fourteenth Amendment and the congressional action here.

50

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

THE COURT: MR. KELLY:

Thank you. Your Honor, if you have any further

questions, I am happy to answer them. THE COURT: MR. KELLY: That's fine. Okay. Thank you very much, your Honor, and

again, for the reasons we've expressed, we request that our motion to dismiss be granted. THE COURT: advisement. All right. Well, I will take it under

Thank you for your fine briefs, Counsel, and your I don't hear arguments on much more than

fine arguments today.

10 percent of the motions I get in this court, so we reserve it for the truly novel, interesting and difficult questions, and this is certainly one of those. But I appreciate your hard work on relatively short notice, and they are very high-quality briefs indeed, as were your arguments. So I will take it under advisement and sit by

the fire with an eggnog and see if I can come up with a solution to this problem. Happy holidays.

(Whereupon, at 3:46 p.m., the proceedings were concluded.)

51

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

CERTIFICATE OF REPORTER

I, Patty A. Gels, certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter.

________________________

'
'52 [1] - 5:13 655 [1] - 2:10

6 8
8 [7] - 4:25, 5:2, 10:5, 46:7, 46:8

1
1 [4] - 4:18, 5:2, 24:16, 24:18 10 [3] - 1:17, 12:23, 50:11 1101 [1] - 4:25 1101(a)(29 [3] - 10:5, 46:7, 46:8 1118 [1] - 2:3 12-1143 [1] - 3:2 1200 [1] - 1:24 12th [1] - 1:20 13 [1] - 26:3 1401 [1] - 46:7 1408 [1] - 5:2 1408(1 [1] - 10:6 1421 [1] - 1:17 15 [1] - 12:22 15th [1] - 2:10 17 [1] - 1:6 1829 [1] - 26:23 1866 [1] - 25:5 18th [1] - 1:24 1900 [3] - 18:22, 33:16, 40:1 1904 [1] - 18:22 1952 [1] - 5:10 1988 [1] - 5:11 1990 [1] - 13:16 19th [1] - 5:20

9
962-0200 [1] - 2:14 96799 [1] - 2:4

A
a)(29) [1] - 4:25 able [4] - 18:25, 36:17, 40:13, 41:24 above-entitled [1] - 51:6 abroad [1] - 37:11 acceded [1] - 18:9 accepted [1] - 22:7 accident [2] - 27:10, 27:15 accordance [1] - 10:9 according [1] - 15:12 Accountability [2] - 1:23, 3:21 accountability [2] - 3:18, 3:19 accurately [1] - 48:15 acknowledged [1] - 16:6 acquire [2] - 31:12, 32:13 acquired [2] - 27:3, 28:18 acquires [1] - 49:18 acquisition [3] - 5:5, 34:17, 40:5 act [3] - 7:17, 28:17, 49:12 Act [6] - 9:12, 9:25, 10:7, 25:6, 26:19 acted [2] - 6:10, 7:20 action [6] - 5:24, 6:5, 48:6, 49:6, 49:8, 49:25 actual [1] - 39:25 addition [1] - 11:1 address [4] - 7:1, 34:4, 34:14, 45:19 addressed [3] - 7:9, 33:5, 45:24 administered [2] - 22:18, 40:15 administration [1] - 48:19 Administrative [3] - 9:11, 9:25, 10:7 adopt [1] - 19:13 adopted [1] - 13:14 advisement [2] - 50:9, 50:16 affect [1] - 28:17 Afghanistan [1] - 45:1 afternoon [8] - 3:6, 3:10, 4:8, 12:10, 23:19, 23:21, 45:17, 45:18 agree [2] - 32:10, 46:2 agreed [4] - 15:24, 15:25, 18:9, 18:19 agreement [1] - 18:17 ahead [1] - 45:11 aided [1] - 2:16 al [2] - 1:4, 1:8 ALA'ILIMA [1] - 2:2 Ala'ilima [5] - 2:3, 3:22, 3:23, 38:21, 38:22

2
2 [1] - 24:19 20 [1] - 4:2 20001 [1] - 2:14 20004 [1] - 1:21 20005 [1] - 2:10 20009 [1] - 1:18 20036 [1] - 1:24 2012 [1] - 1:6 202 [1] - 2:14 20530 [1] - 2:7 25 [2] - 13:9, 15:16 2:40 [1] - 1:7

3
30 [1] - 4:3 3:46 [1] - 50:19

4
4700-A [1] - 2:13 4th [1] - 2:7

5
555 [2] - 1:20, 2:7

Albright [1] - 8:25 alien [2] - 22:13, 34:18 alienation [1] - 16:19 allegation [1] - 8:21 allegations [3] - 21:23, 22:5, 35:17 allege [1] - 8:12 alleged [2] - 8:14, 20:8 allegiance [1] - 8:1 allow [3] - 39:7, 39:21, 42:9 allows [1] - 33:21 alone [3] - 24:10, 25:12, 25:24 Amendment [19] - 4:13, 4:17, 6:22, 6:24, 10:16, 12:3, 17:25, 19:24, 24:22, 25:18, 26:11, 26:18, 28:19, 31:22, 34:7, 34:20, 47:9, 49:22, 49:25 America [3] - 3:3, 37:14, 47:2 AMERICA [1] - 1:8 American [126] - 3:23, 4:12, 4:22, 5:8, 5:13, 5:18, 7:8, 7:17, 7:22, 7:23, 7:25, 8:7, 8:9, 10:13, 11:12, 11:17, 11:21, 15:3, 15:6, 15:13, 16:3, 16:7, 16:10, 16:14, 16:19, 16:20, 16:25, 17:2, 17:13, 17:14, 17:15, 17:18, 17:19, 17:20, 18:11, 18:13, 18:19, 18:24, 19:18, 19:23, 20:5, 20:10, 20:14, 20:15, 20:17, 20:22, 20:24, 21:1, 21:2, 21:3, 21:4, 21:6, 21:8, 21:9, 21:10, 22:1, 22:14, 22:19, 22:22, 23:8, 23:11, 23:25, 24:7, 27:3, 28:7, 28:8, 29:9, 29:12, 30:1, 30:14, 33:22, 34:21, 35:18, 35:24, 36:5, 36:12, 36:13, 37:10, 37:23, 37:25, 38:5, 38:8, 38:9, 38:11, 38:13, 38:18, 39:17, 39:25, 40:18, 40:23, 41:3, 41:8, 41:10, 41:24, 42:3, 42:5, 42:8, 42:19, 43:8, 43:9, 43:20, 44:7, 44:15, 44:19, 44:21, 45:2, 45:24, 46:16, 46:17, 47:21, 47:23, 48:5, 48:8, 48:11, 48:16, 48:20, 48:24, 49:6, 49:11 Americans [6] - 38:10, 38:11, 38:12, 43:19, 44:3, 44:6 Amicus [16] - 2:9, 3:11, 4:3, 7:16, 8:5, 11:18, 13:8, 23:3, 24:12, 30:2, 34:5, 35:24, 36:20, 39:8, 40:24, 49:16 analogy [1] - 17:13 analysis [7] - 10:15, 10:20, 11:9, 19:9, 34:20, 35:5, 39:18 annexed [1] - 18:15 anomalous [13] - 24:9, 29:20, 30:9, 30:12, 35:14, 35:17, 36:11, 37:4, 38:15, 39:4, 39:5, 42:5, 46:12 answer [7] - 11:18, 13:3, 14:18, 22:25, 24:2, 36:4, 50:3 answered [2] - 31:25, 43:5 answering [1] - 34:15 anticipated [1] - 19:25 anytime [1] - 49:18 appeal [1] - 42:4 Appeals [1] - 13:15 Appearances [1] - 1:25 APPEARANCES [2] - 1:15, 2:1

application [2] - 24:6, 42:7 applied [2] - 5:17, 11:8 applies [3] - 10:17, 23:25, 27:16 apply [4] - 31:14, 43:8, 48:11, 49:4 apportionment [1] - 24:20 appreciate [3] - 12:12, 35:23, 50:14 appropriate [1] - 8:11 area [2] - 19:4, 49:21 areas [1] - 28:5 argue [5] - 9:19, 24:20, 25:2, 33:20, 33:25 argued [2] - 14:11, 42:2 arguing [2] - 29:10, 29:14 argument [5] - 3:25, 7:13, 15:2, 28:24, 29:11 ARGUMENTS [1] - 1:12 arguments [7] - 12:1, 13:10, 30:1, 46:23, 50:10, 50:16 Ark [3] - 27:4, 28:15, 33:7 arms [1] - 37:7 Army [1] - 38:2 Arnold [2] - 1:20, 3:22 ARTRIP [1] - 2:12 AS [1] - 2:4 aspect [3] - 16:24, 17:2, 17:3 assertions [1] - 34:12 assume [1] - 32:9 Atlantic [1] - 47:2 attempted [2] - 8:14, 10:12 attention [1] - 12:12 Attorney [1] - 38:22 Attorney's [1] - 2:6 author [1] - 25:5 authority [5] - 14:11, 15:8, 28:20, 49:18, 49:21 automatic [5] - 4:11, 8:16, 32:16, 33:2, 47:8 automatically [5] - 7:10, 7:13, 10:16, 47:5, 49:22 avenue [1] - 49:11 avoid [1] - 46:22 avoided [1] - 34:15 aware [1] - 11:22

B
Baker [1] - 15:1 Ballentine [1] - 11:4 Balzac [1] - 30:19 based [6] - 6:4, 10:1, 12:1, 25:6, 37:7, 41:1 bases [1] - 48:8 basis [3] - 8:2, 8:4, 17:20 bear [1] - 37:7 bearer [1] - 37:2 become [12] - 11:21, 19:19, 22:10, 22:12, 22:15, 22:20, 28:5, 28:9, 32:3, 33:22, 40:2, 40:4 BEFORE [1] - 1:12 began [1] - 33:20

begin [7] - 9:17, 31:20, 42:20, 43:1, 43:16, 43:18, 43:23 beginning [1] - 36:23 behalf [2] - 3:11, 12:11 below [1] - 30:11 bench [1] - 16:10 benefits [1] - 19:22 better [2] - 13:25, 26:7 between [11] - 10:12, 18:5, 20:24, 29:23, 31:2, 35:25, 38:7, 39:10, 41:10, 44:14, 47:2 beyond [4] - 8:22, 27:12, 33:20, 42:14 Bidwell [3] - 13:11, 14:4, 20:1 bill [4] - 11:16, 39:24, 42:18, 43:11 Bingham [1] - 40:21 birth [7] - 4:11, 9:10, 27:7, 28:21, 29:9, 38:19, 38:23 birthright [35] - 5:18, 5:24, 6:23, 7:8, 7:18, 8:16, 9:22, 10:4, 10:16, 11:13, 11:17, 13:6, 15:13, 16:3, 16:17, 19:2, 20:6, 20:7, 24:7, 24:17, 27:6, 27:12, 27:23, 28:18, 29:15, 31:21, 32:17, 33:2, 35:14, 42:22, 45:7, 45:8, 47:8, 49:10, 49:22 Bishop [1] - 16:6 bit [1] - 49:7 blush [1] - 48:12 BONNIE [1] - 1:22 born [19] - 4:12, 4:19, 5:3, 19:15, 24:17, 24:23, 24:25, 25:20, 26:24, 26:25, 33:17, 33:22, 34:17, 38:18, 38:19, 38:22, 44:4, 44:6, 46:1 bottom [1] - 23:6 Boumediene [9] - 13:18, 13:20, 30:24, 31:1, 31:6, 31:11, 44:13, 47:13, 47:14 Box [1] - 2:3 branch [2] - 9:7, 27:21 branches [2] - 14:7, 31:19 brief [13] - 6:17, 7:3, 9:19, 11:4, 12:2, 12:16, 13:9, 14:11, 15:15, 15:21, 17:21, 18:12, 26:3 briefly [1] - 9:15 briefs [9] - 7:16, 10:11, 12:2, 16:2, 16:15, 20:4, 32:12, 50:9, 50:15 bring [1] - 9:11 brings [2] - 15:25, 18:3 broad [2] - 26:14, 31:13 broader [4] - 25:10, 33:7, 41:16, 42:13 brought [2] - 9:25, 36:10 Brown's [1] - 34:9 Bryant [2] - 30:16, 42:1 builds [1] - 35:4 burden [2] - 35:15, 42:23 burdensome [1] - 43:2

C
California [1] - 17:23 cannot [3] - 4:9, 43:13, 43:14 capacities [1] - 21:4

capture [1] - 26:14 care [1] - 41:7 careful [2] - 12:16, 48:14 carefully [1] - 27:4 Carr [1] - 15:1 carries [1] - 13:12 carry [2] - 13:13, 13:21 case [45] - 3:2, 4:10, 7:5, 9:4, 11:3, 12:4, 13:4, 13:9, 13:10, 13:11, 13:13, 13:18, 13:24, 14:1, 14:8, 15:12, 16:6, 16:12, 16:20, 18:5, 18:8, 21:24, 22:7, 22:10, 23:22, 23:23, 29:25, 30:3, 30:19, 32:11, 34:7, 34:10, 34:14, 34:16, 35:6, 39:20, 39:22, 41:22, 42:9, 46:13, 46:24, 46:25 cases [27] - 6:13, 6:21, 7:19, 8:8, 10:12, 10:24, 11:10, 13:6, 13:21, 17:17, 24:5, 25:17, 25:18, 27:25, 30:5, 30:14, 30:18, 30:19, 31:5, 31:8, 33:6, 33:7, 34:2, 34:4, 34:5, 34:13, 35:15 casualty [1] - 45:1 categorization [1] - 7:22 caution [3] - 15:22, 16:13, 19:4 Center [4] - 1:23, 3:18, 3:19, 3:21 century [1] - 32:15 Century [2] - 5:20, 34:3 certain [5] - 18:21, 21:3, 27:13, 27:16, 38:18 certainly [11] - 15:7, 23:10, 28:25, 29:17, 32:5, 32:7, 38:7, 42:18, 49:23, 49:24, 50:13 CERTIFICATE [1] - 51:1 certify [1] - 51:4 cession [2] - 18:22, 28:6 cetera [2] - 29:16, 49:15 chairman [2] - 25:4, 26:21 challenge [1] - 17:25 chance [2] - 20:25, 36:3 change [6] - 23:1, 23:5, 23:12, 32:15, 39:18, 43:11 changed [1] - 6:4 CHARLES [1] - 2:2 Charles [3] - 2:3, 3:23, 38:21 Charlie [1] - 3:22 Chief [4] - 25:25, 26:2, 30:16, 42:1 chiefly [1] - 21:13 chiefs [1] - 18:19 children [3] - 8:17, 20:7, 38:18 choice [1] - 41:10 choose [3] - 7:24, 11:22, 41:24 Christ [1] - 8:8 Christopher [1] - 9:2 Church [1] - 8:7 Circuit [19] - 6:18, 6:21, 9:3, 9:6, 11:5, 15:8, 15:9, 15:10, 16:5, 24:1, 28:23, 29:1, 29:2, 29:5, 30:4, 30:10, 42:6, 48:3 Circuit's [4] - 8:6, 9:1, 24:7, 29:21 circuits [1] - 7:3 circumstances [4] - 13:19, 27:23,

30:21, 47:17 citations [1] - 34:9 cite [1] - 46:25 cited [5] - 7:2, 11:4, 16:20, 26:3, 28:23 citizen [19] - 5:3, 21:2, 21:3, 22:15, 27:1, 33:18, 36:1, 36:2, 36:12, 36:17, 37:3, 37:21, 38:22, 38:23, 39:3, 43:21, 46:15, 46:18 citizens [40] - 4:20, 5:6, 6:4, 6:20, 9:22, 11:12, 11:14, 11:22, 19:15, 20:14, 20:22, 21:8, 22:10, 22:25, 25:21, 32:17, 33:3, 33:11, 34:1, 35:25, 36:6, 36:22, 38:12, 38:19, 38:20, 39:17, 40:2, 40:5, 40:17, 40:19, 41:4, 41:10, 43:25, 44:2, 45:4, 48:23, 48:24, 49:11 citizenship [90] - 4:11, 5:18, 5:24, 6:9, 6:23, 7:8, 7:18, 7:24, 8:13, 8:16, 9:10, 10:4, 10:16, 11:17, 12:20, 13:7, 14:6, 14:9, 14:15, 15:3, 15:6, 15:13, 15:17, 16:3, 16:17, 17:18, 19:2, 20:6, 20:7, 20:10, 21:1, 23:24, 24:4, 24:7, 24:15, 24:17, 25:3, 25:6, 25:16, 25:17, 25:19, 25:22, 26:15, 27:5, 27:6, 27:12, 27:24, 28:10, 28:12, 28:14, 28:16, 28:18, 29:5, 29:16, 29:18, 29:19, 31:17, 31:21, 33:3, 33:8, 33:25, 34:3, 34:6, 34:16, 35:14, 35:17, 36:19, 36:21, 37:8, 38:24, 39:4, 39:9, 39:10, 39:14, 39:24, 40:22, 41:17, 42:14, 42:22, 43:4, 43:8, 44:5, 45:4, 45:7, 47:8, 47:21, 49:4, 49:10, 49:22 Civil [3] - 2:6, 25:5, 26:19 civil [1] - 3:2 claim [12] - 4:9, 9:9, 9:11, 10:1, 10:2, 10:3, 10:7, 12:5, 15:8, 15:9, 24:2 class [2] - 9:21, 13:7 clause [25] - 14:9, 23:24, 24:4, 24:15, 24:19, 25:3, 25:6, 25:16, 25:19, 25:22, 26:14, 26:15, 27:5, 28:10, 28:16, 29:6, 31:7, 31:18, 33:8, 33:25, 34:8, 42:14, 43:4, 44:5, 45:7 clear [10] - 15:19, 22:6, 22:10, 26:12, 31:8, 31:23, 39:16, 45:22, 47:3, 47:19 clients [5] - 24:2, 37:4, 39:21, 41:7, 42:19 close [2] - 22:21, 23:6 closed [1] - 45:23 closer [2] - 17:16, 21:20 closest [2] - 44:8, 44:10 co [2] - 3:22, 38:21 co-counsel [2] - 3:22, 38:21 coincidence [1] - 29:3 colleagues [1] - 34:11 college [1] - 38:4 Columbia [4] - 25:10, 25:20, 33:9, 33:10 COLUMBIA [1] - 1:2 commission [3] - 40:8, 40:17, 40:21 Committee [2] - 25:5, 26:21 common [4] - 26:16, 26:24, 27:8, 27:20

Commonwealth [1] - 14:14 communal [3] - 16:21, 17:3, 17:8 community [3] - 38:3, 44:19, 45:2 company [1] - 14:24 complaint [5] - 4:16, 5:21, 8:12, 37:18, 46:6 completely [2] - 15:23, 46:23 composed [1] - 26:10 computer [1] - 2:16 computer-aided [1] - 2:16 concept [3] - 27:8, 29:20, 36:20 concern [1] - 41:16 concerned [1] - 31:20 concerns [6] - 23:4, 35:5, 39:11, 39:13, 41:23 concluded [2] - 30:12, 50:20 conclusion [1] - 7:4 conferred [1] - 28:20 conflict [1] - 18:5 confused [1] - 37:9 Congress [45] - 4:14, 4:23, 4:24, 5:1, 6:10, 6:25, 7:9, 7:17, 7:18, 7:20, 9:7, 10:9, 11:10, 11:11, 11:15, 14:2, 14:4, 14:13, 20:9, 22:19, 23:2, 23:3, 24:13, 27:10, 27:15, 27:17, 27:19, 28:1, 28:3, 28:8, 28:17, 28:20, 31:9, 31:12, 31:20, 32:1, 32:25, 33:9, 33:20, 36:14, 40:20, 41:3, 45:23, 49:9 Congress' [3] - 5:16, 9:18, 14:11 congressional [6] - 5:24, 6:4, 14:16, 40:8, 48:6, 49:25 Congressman [11] - 3:12, 12:11, 12:13, 15:16, 15:19, 16:1, 16:2, 18:12, 22:23, 23:3, 23:7 congressman [7] - 3:13, 36:13, 36:16, 42:17, 43:11, 49:2, 49:5 congressman's [1] - 3:13 connected [1] - 38:10 connection [2] - 39:10, 44:2 conquer [1] - 18:18 conquered [1] - 18:14 consequence [1] - 21:1 considerable [1] - 42:4 consideration [1] - 12:17 considerations [6] - 35:1, 36:9, 39:1, 40:24, 41:6, 44:13 considered [3] - 20:9, 27:4, 30:11 constituents [3] - 12:14, 15:17, 15:21 Constitution [16] - 4:18, 9:18, 16:14, 18:24, 18:25, 19:4, 21:6, 27:1, 28:19, 31:9, 31:11, 31:25, 33:21, 42:22, 43:22, 45:22 Constitutional [2] - 1:23, 3:20 constitutional [14] - 3:17, 3:19, 10:2, 11:8, 18:6, 18:7, 24:6, 27:16, 27:19, 29:24, 31:4, 39:11, 39:18, 47:5 constitutionalized [1] - 27:7 constitutionalizing [1] - 26:16 contemplate [1] - 5:21

contemplation [1] - 11:20 contest [1] - 33:15 context [2] - 31:5, 33:19 continent [1] - 47:2 contingent [1] - 10:2 continued [3] - 1:25, 2:1, 2:3 continuing [1] - 41:5 continuous [1] - 22:14 contradictory [1] - 4:12 contrary [3] - 43:22, 43:23, 49:24 contributions [1] - 44:24 control [1] - 49:21 controversy [1] - 28:1 conversation [1] - 41:15 conveyed [1] - 49:10 convicted [1] - 46:16 correct [6] - 19:12, 25:1, 32:17, 33:4, 47:20, 51:5 costly [1] - 43:1 counsel [7] - 3:4, 3:7, 3:12, 3:18, 3:22, 3:25, 38:21 Counsel [1] - 50:9 count [1] - 22:14 country [1] - 13:20 counts [2] - 47:23, 48:2 course [5] - 13:10, 24:16, 28:24, 31:6, 41:5 court [15] - 6:11, 7:5, 9:19, 9:20, 10:15, 10:18, 15:11, 16:20, 21:8, 46:17, 47:3, 47:7, 47:10, 48:17, 50:11 COURT [82] - 1:1, 3:9, 3:16, 3:24, 5:9, 5:12, 5:15, 6:6, 6:8, 6:13, 7:6, 8:2, 8:24, 9:14, 10:19, 11:15, 11:25, 12:7, 12:9, 12:21, 13:23, 14:19, 16:8, 20:13, 20:19, 20:25, 21:14, 21:17, 22:3, 23:15, 23:17, 23:21, 24:23, 25:13, 26:4, 26:6, 27:9, 27:20, 28:22, 29:10, 30:15, 30:17, 32:2, 32:6, 32:8, 32:13, 32:20, 32:24, 33:13, 33:15, 33:22, 34:19, 34:23, 35:10, 35:19, 35:21, 36:3, 36:12, 36:19, 36:25, 37:9, 37:14, 37:22, 40:9, 40:12, 41:11, 43:8, 43:12, 43:14, 44:8, 44:11, 45:9, 45:13, 45:15, 45:18, 46:2, 46:13, 47:16, 48:7, 50:1, 50:4, 50:8 Court [38] - 2:12, 2:13, 4:8, 4:10, 6:12, 7:12, 9:3, 9:6, 9:13, 9:19, 10:3, 12:4, 13:11, 13:16, 14:3, 14:21, 15:22, 19:13, 23:8, 23:20, 23:24, 25:13, 25:18, 27:2, 28:16, 30:10, 31:1, 31:11, 32:8, 32:20, 32:24, 33:5, 34:15, 45:21, 48:3, 48:9, 48:16 Court's [2] - 9:16, 30:23 court's [1] - 8:6 Courthouse [1] - 2:13 COURTROOM [1] - 3:2 courts [10] - 6:6, 6:8, 6:15, 6:16, 13:2, 15:7, 17:17, 19:25, 23:9, 47:6 Courts [3] - 13:14, 28:23, 29:5 cover [2] - 37:11, 37:15 Craddick [1] - 16:20

created [1] - 26:20 credit [1] - 18:10 crimes [1] - 48:24 criteria [1] - 15:1 cultural [5] - 10:25, 11:9, 39:1, 40:24, 41:5 cultural/historical [1] - 11:7 culture [15] - 15:24, 16:11, 16:14, 16:24, 17:5, 17:14, 18:4, 18:7, 19:2, 19:5, 19:6, 19:21, 30:3, 41:8, 44:18 cultures [1] - 34:23 curfew [1] - 17:22 Curie [2] - 2:9, 3:11 curriculum [1] - 38:6 customs [2] - 30:3, 35:6 CV12-1143 [1] - 1:4

D
D.C [17] - 1:18, 1:21, 1:24, 2:7, 2:10, 2:14, 8:6, 9:1, 9:3, 9:6, 16:5, 17:23, 23:11, 24:1, 24:7, 30:4, 42:6 D.H [2] - 16:8, 16:9 daily [1] - 17:20 date [1] - 5:5 dating [1] - 19:25 David [1] - 3:20 de [2] - 7:14, 15:2 deal [1] - 27:25 dealing [1] - 24:20 dealt [2] - 25:17, 31:6 debates [1] - 26:19 December [1] - 1:6 decide [3] - 23:12, 31:13, 35:2 decided [8] - 13:18, 15:7, 23:24, 31:6, 34:2, 35:7, 39:21, 42:10 decides [2] - 23:1, 32:25 deciding [1] - 28:4 decision [10] - 9:1, 25:25, 26:1, 27:3, 27:11, 28:15, 30:24, 31:19, 32:13, 33:2 decisions [6] - 27:22, 28:2, 29:1, 29:2, 48:17 declared [1] - 6:8 declined [1] - 9:22 decree [1] - 9:21 decreeing [1] - 4:11 deeded [1] - 40:1 deeds [3] - 18:22, 28:6, 28:7 deep [2] - 17:15, 17:24 Defendant [1] - 13:8 Defendants [13] - 1:9, 2:5, 14:1, 14:8, 14:10, 14:24, 24:12, 24:20, 25:2, 28:23, 34:5, 35:16, 38:10 Defendants' [4] - 24:10, 35:2, 35:15, 39:20 deference [1] - 7:22 degree [2] - 24:5, 34:25 delegated [1] - 48:19 demonstrate [5] - 35:1, 35:16, 38:16, 39:19

demonstrates [3] - 29:19, 36:8, 44:2 denial [1] - 37:7 denied [11] - 8:13, 8:15, 8:21, 24:11, 35:3, 36:9, 37:6, 39:6, 39:20, 42:9 deny [4] - 15:17, 15:21, 38:11, 38:12 denying [1] - 45:4 Department [3] - 3:8, 10:8, 48:20 DEPUTY [1] - 3:2 describe [1] - 47:1 designated [1] - 4:23 designating [1] - 6:3 designed [1] - 31:16 determination [8] - 24:8, 30:8, 32:12, 32:16, 35:13, 39:5, 42:8, 46:6 determinations [1] - 35:8 determine [2] - 11:8, 49:10 determined [2] - 5:19, 14:13 determining [2] - 20:22, 31:15 develop [1] - 35:11 development [1] - 39:7 died [1] - 41:13 difference [2] - 30:25, 37:18 differences [3] - 29:23, 38:7, 40:16 different [13] - 9:4, 14:22, 14:23, 16:25, 17:6, 18:4, 19:11, 25:4, 29:9, 29:23, 30:22, 47:16, 47:24 difficult [1] - 50:12 difficulty [2] - 20:21, 21:22 directly [1] - 11:19 discovery [1] - 22:8 discussed [3] - 6:17, 20:4, 31:7 discussing [1] - 23:10 dismiss [12] - 4:1, 12:6, 21:24, 24:10, 35:2, 35:3, 35:7, 36:8, 39:6, 39:20, 42:9, 50:7 dismissed [1] - 4:16 dispose [1] - 31:12 dissent [2] - 13:23, 13:25 dissimilar [1] - 16:11 distinction [1] - 22:2 distinctions [3] - 10:12, 10:14, 35:25 distinguish [1] - 47:14 District [10] - 14:3, 25:9, 25:20, 30:10, 30:11, 33:9, 33:10, 48:15, 48:16, 48:22 DISTRICT [3] - 1:1, 1:2, 1:13 districts [1] - 26:25 divide [1] - 4:2 Division [1] - 2:6 Docket [1] - 1:4 dominion [1] - 27:7 done [9] - 5:25, 6:6, 6:11, 7:18, 9:20, 10:8, 13:2, 14:7 Dorr [1] - 30:19 down [2] - 17:22, 35:19 Downes [4] - 13:11, 14:4, 20:1, 34:7 drafted [1] - 26:11 draw [2] - 10:12, 39:10 drawn [2] - 21:20, 35:25 Dred [1] - 31:18

dual [1] - 36:19 due [1] - 39:13 during [1] - 26:19 duties [1] - 34:8

E
early [1] - 5:20 easier [4] - 11:21, 22:11, 42:18, 49:3 easy [1] - 42:16 Eche [3] - 6:19, 11:2, 47:25 effect [4] - 7:14, 14:12, 28:20, 29:24 effectively [1] - 46:3 effects [2] - 16:5, 39:9 eggnog [1] - 50:17 Eighth [1] - 7:4 either [3] - 21:15, 41:21, 47:1 elected [2] - 6:5, 49:5 election [1] - 40:10 elections [1] - 21:21 Elizabeth [1] - 3:20 ELIZABETH [1] - 1:22 ELLEN [1] - 1:22 Ellis [3] - 2:9, 3:11, 12:11 emphatically [1] - 13:3 encompassed [1] - 25:24 encounters [1] - 17:23 end [2] - 9:17, 36:24 endorsed [2] - 25:13, 25:15 England [1] - 27:8 English [1] - 38:5 enjoy [2] - 48:5, 48:6 enshrined [1] - 18:23 entertain [1] - 11:16 entire [1] - 18:15 entirely [3] - 38:4, 43:22, 43:23 entitled [5] - 7:8, 14:15, 15:4, 38:12, 51:6 enumerated [1] - 4:25 enumerating [1] - 5:7 equal [4] - 10:20, 19:9, 29:10, 39:13 escape [1] - 49:17 ESQUIRE [8] - 1:16, 1:19, 1:19, 1:22, 1:22, 2:2, 2:5, 2:9 essentially [2] - 7:6, 30:4 et [4] - 1:4, 1:8, 29:16, 49:15 evasion [1] - 46:16 eventually [1] - 11:11 everywhere [1] - 25:8 evidence [3] - 21:25, 38:17, 39:22 exact [3] - 5:6, 7:3, 25:15 exactly [3] - 27:14, 31:17, 40:11 examine [2] - 10:18, 47:10 examined [4] - 10:25, 11:6, 28:16, 29:25 example [2] - 6:17, 48:4 except [1] - 25:7 exclusive [1] - 9:8 excuse [2] - 9:5, 48:4

executive [2] - 9:7, 48:21 exerts [1] - 49:20 exhibit [1] - 37:18 existed [1] - 9:10 exists [2] - 19:18, 47:1 expansion [1] - 33:19 expectation [1] - 39:25 expectations [1] - 18:21 explicitly [1] - 28:17 exposition [1] - 8:6 expressed [1] - 50:6 expression [1] - 9:18 expressly [1] - 34:15 extend [6] - 6:24, 16:13, 20:10, 21:8, 27:23, 47:11 extended [2] - 15:13, 17:18 extending [4] - 14:9, 16:3, 19:4, 19:22 extends [5] - 3:14, 7:10, 7:13, 33:8, 47:9 extension [5] - 13:6, 14:5, 16:16, 27:11, 29:18 extent [2] - 19:18, 20:5 extremely [1] - 47:13

F
Fa'a [1] - 19:1 fabric [1] - 44:18 face [2] - 10:7, 42:3 facets [2] - 16:15, 17:14 fact [12] - 10:17, 10:24, 27:15, 36:1, 36:8, 38:24, 42:4, 44:23, 45:22, 47:6, 47:9, 47:25 facto [1] - 7:14 facts [2] - 35:10, 47:14 factual [6] - 24:8, 29:22, 30:7, 35:8, 38:17, 42:8 fail [1] - 41:1 failed [1] - 12:5 failure [2] - 29:4 Faleomavaega [6] - 3:12, 12:12, 15:16, 18:13, 22:23, 23:4 Faleomavaega's [1] - 23:7 falls [1] - 10:7 false [1] - 41:9 familiar [2] - 13:19, 47:13 families [1] - 42:25 family [2] - 17:4, 43:16 far [5] - 11:15, 29:7, 44:11, 44:17, 47:20 far-off [1] - 44:17 fast [1] - 35:22 father [1] - 38:21 favor [1] - 49:17 feature [1] - 16:24 features [1] - 17:5 federal [2] - 6:8, 6:16 Federal [9] - 13:14, 29:4, 36:15, 38:20, 40:17, 43:18, 45:3, 48:9, 48:23 fees [1] - 22:16

fellow [1] - 38:10 few [3] - 20:19, 35:9, 45:19 fewer [1] - 39:23 FIAFIA [1] - 1:4 Fiafia [1] - 3:3 figured [1] - 40:12 filing [1] - 22:16 finally [1] - 12:19 fine [5] - 3:16, 45:13, 50:4, 50:9, 50:10 fire [1] - 50:17 firearms [1] - 21:22 First [1] - 17:25 first [9] - 4:1, 6:13, 16:9, 16:18, 23:23, 25:8, 42:21, 44:16, 48:12 fits [1] - 19:11 five [4] - 12:21, 22:12, 44:12, 47:23 five-hour [1] - 44:12 five-year [2] - 22:12, 47:23 flag [1] - 40:3 flight [1] - 44:12 folks [1] - 45:3 follow [1] - 49:22 Fono [1] - 21:11 football [1] - 44:20 Football [1] - 44:21 FOR [1] - 1:2 foregoing [1] - 51:4 foreign [1] - 43:24 foremost [1] - 16:18 forward [6] - 3:4, 12:19, 18:9, 20:3, 22:7, 42:10 four [2] - 25:16, 40:10 Fourteenth [18] - 4:13, 4:17, 6:22, 6:24, 10:16, 12:3, 19:24, 24:22, 25:18, 26:11, 26:17, 28:19, 31:22, 34:6, 34:19, 47:9, 49:21, 49:25 framers [5] - 19:24, 24:21, 25:3, 28:11, 28:12 framework [4] - 24:8, 29:21, 35:4, 35:12 front [1] - 37:11 full [6] - 20:6, 25:11, 41:10, 43:6, 47:5 function [3] - 14:10, 17:4, 36:18 fundamental [3] - 16:21, 30:6, 34:11 fundamentally [1] - 31:25 future [2] - 31:20, 32:1

21:4, 27:22, 38:20, 43:18, 45:3 granted [5] - 12:6, 17:9, 22:19, 24:3, 50:7 grants [1] - 31:11 great [3] - 12:14, 26:9, 28:13 greater [1] - 15:4 greatest [1] - 34:9 group [1] - 6:9 growing [1] - 20:16 Guam [4] - 5:25, 14:15, 48:10, 49:14 Guantanamo [1] - 31:7 guarantee [1] - 42:22 guaranteed [1] - 39:14 guarantees [2] - 24:17, 45:7 Gulf [1] - 44:25

H
habeas [1] - 31:6 happy [3] - 47:15, 50:3, 50:18 hard [3] - 41:12, 46:22, 50:14 harmful [2] - 16:5, 39:9 hate [1] - 12:25 Hawaii [6] - 44:9, 44:10, 47:21, 47:22, 48:16, 48:22 head [3] - 13:2, 40:21, 48:8 hear [1] - 50:10 heard [4] - 12:13, 30:1, 35:9, 49:7 hears [1] - 49:9 hearts [1] - 22:24 held [10] - 6:23, 9:3, 10:15, 10:18, 30:13, 30:18, 47:4, 47:10, 48:3, 48:4 hereditary [1] - 17:11 high [6] - 16:20, 21:8, 38:3, 46:17, 48:17, 50:15 high-quality [1] - 50:15 highest [1] - 45:1 highlights [2] - 41:16, 42:13 himself [2] - 35:24, 36:17 hint [1] - 15:18 Hiram [1] - 40:20 historic [1] - 31:5 historical [4] - 11:1, 27:9, 30:21, 33:19 histories [1] - 34:24 history [5] - 8:3, 8:5, 18:16, 27:5, 46:24 hit [2] - 13:1, 20:5 hobbling [1] - 19:23 Hodel [3] - 8:8, 16:6, 16:12 hold [1] - 37:9 Holder [3] - 6:19, 11:2, 47:25 holding [1] - 13:15 holidays [1] - 50:18 Honor [68] - 3:6, 3:10, 4:7, 4:9, 4:17, 4:22, 5:14, 5:16, 6:5, 6:7, 6:11, 6:15, 7:15, 8:25, 9:15, 10:11, 10:24, 11:23, 12:1, 12:8, 12:10, 12:25, 13:1, 13:19, 14:1, 14:24, 15:7, 16:1, 17:10, 17:20, 18:4, 18:21, 19:3, 19:8, 20:16, 21:6, 21:15, 21:19, 21:23, 22:5, 22:9, 23:6,

G
Gans [1] - 3:20 GELS [1] - 2:12 Gels [1] - 51:4 general [1] - 40:13 geographic [1] - 33:8 Ginsburg [3] - 16:5, 16:8, 16:9 given [3] - 12:15, 26:9, 43:25 Gonzalez [1] - 34:15 govern [1] - 31:13 government [1] - 21:4 Government [9] - 3:7, 9:7, 15:24, 20:4,

23:14, 23:16, 23:19, 23:22, 25:1, 26:5, 28:4, 29:25, 30:16, 32:5, 32:7, 32:19, 33:4, 36:7, 39:12, 39:23, 41:7, 45:12, 45:17, 47:13, 47:18, 48:13, 49:16, 49:17, 50:2, 50:5 honor [2] - 15:25, 18:10 Honor's [1] - 12:17 HONORABLE [1] - 1:12 hope [1] - 15:20 hour [1] - 44:12 house [1] - 21:11 House [3] - 26:21, 41:1, 41:13 hum [1] - 37:13 hundred [1] - 24:13 Hussain [1] - 3:21 HUSSAIN [1] - 1:19 hypotheticals [1] - 49:20

I
idea [5] - 17:10, 31:21, 42:16, 43:20, 43:23 identical [1] - 37:17 identified [1] - 7:19 identify [1] - 3:4 ignores [1] - 45:22 immediately [1] - 8:16 immigration [6] - 9:9, 14:12, 20:11, 20:23, 34:18, 49:1 Immigration [1] - 9:12 impacted [1] - 16:16 implications [1] - 12:18 importance [2] - 12:14, 17:15 important [4] - 26:8, 28:3, 44:19, 44:24 impose [1] - 41:23 impractical [14] - 24:9, 29:20, 30:2, 30:8, 30:12, 35:14, 35:17, 36:11, 37:4, 38:15, 39:3, 39:4, 42:5, 46:11 impression [2] - 6:14, 23:23 included [2] - 32:16, 37:17 includes [1] - 25:11 incompatible [1] - 19:2 increased [1] - 44:15 incredibly [1] - 38:9 indeed [4] - 29:22, 34:1, 35:18, 50:15 indicate [1] - 12:4 individual [4] - 8:22, 21:19, 24:6, 42:7 influential [1] - 26:22 inform [1] - 24:5 information [1] - 20:16 inherently [1] - 29:20 inquiry [2] - 9:17, 46:18 INS [1] - 11:3 insofar [1] - 36:10 instance [1] - 9:9 instances [1] - 11:6 instead [1] - 12:22 institutions [1] - 16:11 Insular [9] - 13:21, 24:5, 30:5, 30:14,

30:18, 31:5, 31:8, 34:4, 34:13 intended [2] - 19:25, 41:17 interesting [1] - 50:12 interests [2] - 19:20, 48:14 Interior [2] - 48:18, 48:19 interpreted [1] - 21:7 intervention [1] - 14:17 introduce [1] - 21:25 introduced [4] - 40:21, 42:18, 43:11, 49:2 invalidated [1] - 17:17 invited [1] - 9:21 involved [3] - 6:23, 32:9, 34:16 Iraq [1] - 45:1 island [1] - 33:1 islands [2] - 32:3, 40:1 Islands [12] - 6:1, 6:2, 6:20, 11:2, 11:5, 14:14, 14:15, 29:13, 48:2, 48:6, 49:14, 49:15 isolate [1] - 17:1 issue [9] - 7:9, 10:18, 11:7, 11:23, 12:3, 24:13, 29:25, 45:20, 47:10 issued [1] - 10:8 issues [4] - 9:8, 12:13, 13:20, 48:23 itself [9] - 20:18, 24:4, 24:16, 28:19, 29:19, 31:25, 39:4, 43:4, 45:22

45:19, 46:5, 46:14, 47:18, 48:13, 50:2, 50:5 Kennedy [1] - 13:20 key [1] - 30:6 Kim [4] - 27:4, 28:15, 33:7, 46:24 kind [10] - 10:19, 13:23, 27:22, 28:2, 32:9, 32:12, 33:19, 35:5, 35:10, 36:9 kinds [1] - 35:8 King [10] - 8:7, 24:8, 29:22, 35:4, 35:6, 35:12, 39:6, 41:22, 46:11 Kirkland [3] - 2:9, 3:11, 12:11 knowledge [1] - 11:19 known [1] - 25:24 knows [1] - 6:5

L
L-O-U-G-H-B-O-R-O-U-G-H [1] - 26:2 Lacap [1] - 15:10 land [5] - 16:19, 16:22, 17:3, 17:9, 39:2 language [3] - 4:12, 5:6, 5:17 last [3] - 24:13, 32:15, 44:20 Latter [1] - 8:8 Law [1] - 2:3 law [13] - 12:4, 12:17, 13:1, 14:4, 15:12, 17:2, 26:16, 26:24, 27:8, 34:18, 36:15, 44:23, 48:11 laws [3] - 21:22, 39:2, 39:11 lawyers [2] - 23:9, 23:10 leadership [1] - 17:5 League [1] - 44:22 least [4] - 5:20, 17:12, 29:11, 32:14 leave [1] - 45:12 left [2] - 12:21, 45:9 legal [4] - 4:15, 10:9, 10:15, 36:21 legislation [5] - 18:24, 20:9, 40:22, 40:25, 49:3 legislative [6] - 8:3, 8:5, 27:21, 31:19, 42:15, 46:24 legislature [1] - 21:12 LENEUOTI [1] - 1:4 Leneuoti [1] - 3:2 length [2] - 8:9, 31:7 LEON [1] - 1:12 lesson [1] - 30:23 license [1] - 31:9 Licudine [1] - 7:5 life [4] - 7:23, 16:16, 18:2, 19:1 limitations [1] - 47:7 limits [2] - 25:11, 44:4 line [1] - 18:12 literally [2] - 13:4, 13:5 live [2] - 37:5, 42:19 living [3] - 21:1, 36:5, 38:11 LLP [2] - 1:20, 2:9 local [2] - 30:3, 35:5 look [3] - 12:4, 29:14, 37:20 looked [3] - 6:16, 6:21, 6:22 looking [3] - 24:3, 27:5 Loughborough [4] - 26:1, 26:4, 26:5

J
Jesus [1] - 8:8 joking [1] - 21:18 JRTC [1] - 38:2 JUDGE [1] - 1:13 Judge [8] - 13:19, 14:3, 16:5, 30:11, 30:15, 30:16, 42:1 judges [1] - 27:25 judgment [1] - 29:4 judicial [2] - 14:16, 33:13 Judiciary [2] - 25:5, 26:21 judiciary [1] - 27:11 Judith [1] - 3:19 JUDITH [1] - 1:22 jurisdiction [7] - 4:20, 7:12, 9:8, 24:24, 25:1, 48:17, 48:23 jurisdictions [1] - 6:3 jury [8] - 30:1, 30:13, 30:20, 41:21, 41:24, 42:5, 42:12, 46:17 jus [5] - 9:5, 26:16, 27:6 Justice [4] - 13:20, 25:25, 26:2, 34:9 justice [2] - 17:3, 34:10

K
KATENBERG [1] - 1:19 Katerberg [1] - 3:21 keep [2] - 46:10, 46:20 Kelly [4] - 3:6, 4:6, 28:25, 45:16 KELLY [25] - 2:5, 3:6, 4:7, 5:10, 5:14, 5:16, 6:7, 6:11, 6:15, 7:7, 8:4, 8:25, 9:15, 10:24, 11:18, 12:1, 12:8, 45:17,

lower [1] - 21:11 luck [1] - 21:17

Murad [1] - 3:21 must [3] - 14:7, 31:15, 40:12 mutually [1] - 19:20

M
machine [1] - 2:16 Madad [1] - 3:8 Mahvish [1] - 3:7 main [2] - 34:7, 40:18 mainland [3] - 17:1, 17:10, 18:1 manifests [1] - 17:8 manipulate [1] - 31:21 manipulation [1] - 31:16 Mariana [9] - 6:2, 6:20, 11:2, 14:14, 29:14, 39:1, 48:2, 48:5, 49:14 Marshall [2] - 25:25, 26:2 matter [2] - 46:23, 51:6 mean [5] - 10:22, 27:17, 29:13, 32:6, 48:7 meaning [7] - 13:17, 24:4, 24:15, 24:21, 27:4, 28:16, 43:4 meaningful [1] - 9:13 means [2] - 27:17, 37:4 meant [2] - 38:23, 49:24 meets [1] - 14:25 memorialized [2] - 6:24, 10:10 mention [1] - 8:11 mentioned [3] - 33:6, 36:20, 41:22 mentions [1] - 39:8 MICHAEL [1] - 2:9 Michael [2] - 3:10, 12:10 might [8] - 16:16, 17:16, 17:17, 22:8, 31:20, 39:9, 46:8, 48:9 military [3] - 22:2, 44:1, 44:25 Miller [3] - 8:25, 9:1 minutes [6] - 4:2, 4:3, 4:5, 12:21, 45:9 Morton [10] - 8:7, 24:8, 29:22, 35:4, 35:6, 35:12, 39:7, 41:22, 46:11 most [3] - 5:10, 6:1, 36:2 motion [12] - 4:1, 12:6, 21:24, 24:10, 35:2, 35:3, 35:7, 36:8, 39:6, 39:20, 42:9, 50:7 motions [1] - 50:11 move [4] - 21:10, 42:9, 42:25, 43:16 moving [3] - 4:1, 4:2, 4:4 MR [81] - 3:6, 3:10, 3:17, 4:7, 5:10, 5:14, 5:16, 6:7, 6:11, 6:15, 7:7, 8:4, 8:25, 9:15, 10:24, 11:18, 12:1, 12:8, 12:10, 12:24, 13:25, 14:23, 16:9, 20:15, 20:21, 21:5, 21:15, 21:18, 22:4, 23:16, 23:19, 23:22, 24:25, 25:15, 26:5, 26:7, 27:14, 28:3, 29:7, 29:17, 30:16, 30:18, 32:5, 32:7, 32:11, 32:19, 32:22, 33:4, 33:14, 33:16, 33:24, 34:22, 34:25, 35:12, 35:20, 35:23, 36:7, 36:15, 36:20, 37:1, 37:13, 37:16, 37:25, 40:11, 40:13, 41:12, 43:10, 43:13, 43:15, 44:10, 44:12, 45:10, 45:14, 45:17, 45:19, 46:5, 46:14, 47:18, 48:13, 50:2, 50:5 MURAD [1] - 1:19

N
N.W [5] - 1:17, 1:20, 1:24, 2:7, 2:10 nail [1] - 13:2 name [1] - 26:9 narrow [1] - 26:13 national [6] - 8:20, 20:6, 21:21, 36:2, 37:2, 39:3 National [1] - 44:21 Nationality [1] - 9:12 nationality [1] - 43:24 nationals [12] - 4:11, 5:5, 6:4, 7:25, 8:13, 11:13, 15:14, 21:7, 22:24, 36:1, 36:22, 37:21 native [1] - 19:1 natural [1] - 26:25 natural-born [1] - 26:25 naturalization [10] - 9:8, 14:12, 20:11, 42:16, 42:20, 43:21, 43:23, 45:5, 47:24, 48:3 naturalize [4] - 8:14, 20:17, 22:12, 42:21 naturalized [3] - 4:19, 8:20, 22:15 nature [1] - 36:22 Navy [5] - 40:15, 41:1, 41:2, 41:11, 48:20 necessarily [2] - 27:17, 29:7 necessity [2] - 18:6, 18:7 need [5] - 22:16, 22:17, 22:18, 35:10, 47:14 Neil [1] - 3:17 NEIL [1] - 1:16 never [10] - 8:14, 8:19, 18:14, 18:15, 20:9, 23:24, 32:15, 32:20, 33:10 next [1] - 1:25 night [1] - 44:20 Ninth [5] - 6:17, 6:21, 15:8, 29:1, 48:3 nobility [1] - 17:12 non [5] - 5:3, 36:1, 36:2, 37:21, 39:3 non-citizen [4] - 36:1, 36:2, 37:21, 39:3 non-U.S [1] - 5:3 North [1] - 47:2 Northern [9] - 6:1, 6:20, 11:2, 14:14, 29:13, 39:1, 48:2, 48:5, 49:14 note [1] - 26:3 noted [2] - 9:19, 13:21 notice [2] - 33:13, 50:15 notion [9] - 16:21, 17:11, 18:10, 25:10, 25:14, 25:15, 25:19, 26:14, 33:17 novel [1] - 50:12 Nu'uuli [1] - 2:4

obligations [1] - 19:16 obvious [1] - 10:20 obviously [1] - 48:7 occur [1] - 17:25 occurred [2] - 8:22, 49:14 OF [4] - 1:2, 1:8, 1:12, 51:1 offhand [1] - 20:16 office [3] - 3:13, 44:1, 49:1 Office [3] - 2:3, 2:6, 3:23 office's [1] - 12:12 Official [1] - 2:13 often [1] - 49:19 omission [1] - 28:17 one [22] - 5:9, 8:11, 8:16, 9:24, 12:17, 13:8, 13:11, 16:24, 17:2, 17:3, 17:22, 18:17, 19:11, 21:14, 31:24, 37:18, 44:13, 47:12, 47:25, 49:2, 50:13 open [5] - 23:4, 23:22, 24:1, 33:24, 45:21 opinion [3] - 13:21, 16:9, 34:10 opportunity [3] - 8:21, 34:13, 39:22 opposed [3] - 27:10, 27:25, 41:12 opposite [2] - 10:18, 47:10 opposition [3] - 4:4, 41:1, 46:22 oral [2] - 3:25, 28:24 ORAL [1] - 1:12 oranges [1] - 34:8 order [3] - 4:10, 22:15, 48:21 ordinary [1] - 18:2 organic [1] - 18:23 original [3] - 24:4, 24:15, 43:4 originally [1] - 5:10 otherwise [1] - 10:6 ourselves [1] - 41:25 outlying [15] - 4:23, 5:1, 5:3, 5:19, 5:22, 6:25, 8:10, 9:23, 10:17, 10:22, 14:6, 45:25, 46:19, 46:21, 47:4 outside [1] - 27:24 overseas [1] - 33:19 overturn [1] - 31:18 own [4] - 10:23, 13:14, 15:17, 34:10 ownership [3] - 16:21, 17:3, 17:9

P
p.m [2] - 1:7, 50:19 P.O [1] - 2:3 Pacific [1] - 47:3 page [3] - 1:25, 13:9, 15:16 paid [1] - 22:17 panoply [1] - 47:5 paramount [1] - 19:6 pardon [1] - 32:19 parents [1] - 5:3 part [14] - 4:18, 14:24, 18:2, 18:3, 18:20, 19:19, 22:20, 28:5, 28:9, 43:16, 44:8, 44:16, 44:18, 44:22 particular [2] - 11:23, 31:4 particularly [1] - 9:22 parties [1] - 10:21

O
oath [3] - 22:18, 43:7, 43:25

parts [2] - 38:8, 42:25 party [3] - 4:1, 4:3, 4:4 passed [5] - 18:24, 22:17, 22:18, 40:25, 41:13 passing [1] - 7:5 passport [7] - 10:1, 36:25, 37:1, 37:2, 37:10, 37:17, 37:22 passports [2] - 10:8, 37:20 past [1] - 21:24 path [8] - 12:19, 18:8, 20:3, 22:10, 22:11, 42:17, 47:3, 47:20 PATRICK [1] - 2:5 Patty [1] - 51:4 PATTY [1] - 2:12 people [33] - 6:9, 7:17, 14:6, 15:6, 15:14, 16:4, 16:22, 17:18, 18:15, 18:16, 18:18, 19:10, 19:15, 19:19, 20:10, 20:13, 22:22, 23:1, 23:8, 23:10, 23:11, 23:13, 28:7, 29:11, 29:12, 34:20, 36:2, 36:5, 40:1, 41:3, 43:18, 49:5, 49:9 peoples [1] - 22:21 per [1] - 36:22 percent [1] - 50:11 percentage [3] - 20:13, 20:17, 36:4 period [3] - 22:12, 30:21, 47:23 permanent [2] - 22:13, 43:6 person [4] - 21:1, 26:23, 26:24, 34:16 persons [14] - 4:19, 5:3, 6:3, 6:23, 7:7, 9:21, 13:7, 24:17, 25:7, 25:8, 38:19, 39:15, 39:16, 46:1 pertinent [2] - 4:14, 4:18 petition [1] - 23:2 petitions [1] - 41:3 Philippines [6] - 6:18, 7:2, 10:13, 11:3, 29:8, 30:21 phrase [6] - 25:10, 25:23, 26:12, 26:13, 36:21, 46:20 phrased [1] - 14:8 pick [1] - 29:13 pieces [1] - 32:3 place [5] - 11:24, 28:2, 29:13, 37:5, 44:17 placed [1] - 34:9 plain [2] - 4:12, 9:17 plaintiffs [1] - 21:19 Plaintiffs [33] - 1:5, 1:16, 2:2, 3:18, 4:4, 4:9, 5:21, 6:12, 8:12, 8:17, 8:23, 9:10, 9:20, 9:25, 10:4, 12:5, 12:18, 13:4, 13:7, 15:1, 19:12, 20:8, 22:9, 22:16, 45:20, 46:2, 46:10, 46:21, 47:20, 48:1, 49:13, 49:16 Plaintiffs' [4] - 4:15, 7:13, 10:11, 15:15 play [3] - 5:12, 31:21, 35:1 playing [1] - 44:21 pleadings [2] - 21:23, 28:24 plenary [1] - 14:11 plurality [1] - 34:11 point [23] - 9:24, 16:15, 16:23, 18:3, 18:8, 18:13, 18:19, 20:2, 20:3, 21:18, 22:9, 22:16, 23:7, 26:8, 27:20, 28:10,

31:20, 45:23, 46:10, 46:14, 47:12, 48:25 pointed [7] - 7:15, 7:16, 16:2, 16:10, 17:21, 49:16 points [4] - 12:17, 16:21, 22:8, 45:19 political [13] - 7:6, 7:11, 14:7, 14:20, 14:25, 15:4, 28:12, 31:24, 32:2, 32:6, 41:17 popularly [1] - 49:5 Porter [2] - 1:20, 3:22 position [3] - 8:5, 32:25, 42:4 positive [1] - 48:25 possession [4] - 4:24, 5:2, 5:4, 5:23 possession's [1] - 5:4 possessions [1] - 5:19 potential [1] - 12:18 potentially [1] - 16:4 power [5] - 31:12, 31:13, 31:16, 33:20, 42:15 powers [1] - 31:13 practical [2] - 34:25, 35:5 prayer [1] - 17:22 precedent [3] - 4:15, 13:5 prefer [1] - 22:24 prematurely [2] - 39:21, 42:10 present [1] - 39:22 presents [1] - 23:22 preservation [1] - 41:8 preserve [4] - 19:1, 19:7, 19:21, 41:5 preserving [1] - 40:23 President [3] - 31:12, 33:23, 40:14 presidential [1] - 40:10 Presiding [1] - 16:6 pretty [1] - 47:16 prevent [1] - 22:1 principle [1] - 27:6 prism [3] - 14:19, 14:22, 14:23 prize [1] - 18:14 problem [2] - 21:6, 50:18 Procedure [3] - 9:12, 9:25, 10:7 procedures [1] - 20:12 proceedings [3] - 15:20, 50:19, 51:5 Proceedings [1] - 2:16 process [12] - 11:21, 28:12, 31:24, 39:13, 41:18, 42:20, 43:1, 43:17, 43:21, 45:5, 49:3 processes [1] - 14:16 produced [1] - 2:16 program [1] - 38:3 programs [1] - 38:2 progressing [1] - 22:4 promise [1] - 19:18 pronounce [1] - 26:6 proper [3] - 5:22, 35:2, 49:11 property [2] - 32:3, 33:1 proposed [1] - 20:3 protect [2] - 15:24, 19:21 protection [6] - 10:20, 19:9, 26:20, 27:18, 29:10, 39:13

protections [1] - 11:8 proud [2] - 18:13, 18:18 provide [4] - 7:18, 7:23, 9:13, 38:17 provided [2] - 7:21, 20:11 provides [1] - 4:18 provision [2] - 7:11, 31:15 Puerto [8] - 5:25, 14:14, 29:12, 29:16, 30:20, 34:8, 34:17, 49:14 purpose [4] - 28:10, 28:13, 31:17, 42:13 purposes [2] - 34:18, 34:19 pursue [3] - 19:20, 41:5, 42:24 put [7] - 12:25, 16:4, 25:19, 41:20, 41:21, 42:12, 42:14

Q
qualified [1] - 21:3 quality [1] - 50:15 questions [9] - 23:14, 39:19, 39:23, 42:2, 42:7, 42:17, 45:11, 50:3, 50:12 quite [3] - 20:19, 32:22, 35:9 quote [2] - 25:19, 26:9 quoted [2] - 18:12, 26:22

R
Rabang [3] - 6:18, 11:2, 15:9 raised [8] - 30:3, 39:11, 39:23, 40:3, 40:24, 41:23, 42:16, 45:19 ranks [1] - 22:4 rate [1] - 45:1 rather [6] - 18:19, 19:22, 22:25, 26:13, 30:7, 45:10 ratified [4] - 25:16, 25:23, 28:8, 31:18 ratifiers [1] - 31:22 Rawle [1] - 26:22 reached [1] - 7:3 reaffirmed [1] - 13:17 reality [2] - 34:4, 42:19 really [21] - 15:25, 16:23, 17:2, 19:23, 21:25, 24:15, 25:10, 26:15, 28:16, 29:8, 30:23, 30:24, 31:8, 33:16, 33:18, 39:10, 39:12, 42:6, 44:18, 44:22, 49:16 reason [5] - 7:20, 8:15, 14:25, 24:10, 39:19 reasons [3] - 4:15, 49:2, 50:6 rebuttal [1] - 4:5 receive [1] - 5:23 recent [2] - 6:19, 30:23 recently [3] - 5:10, 6:1, 13:16 receptive [2] - 23:5, 40:20 recognition [3] - 7:25, 22:21, 29:18 recognize [3] - 5:22, 27:19, 49:13 recognized [19] - 13:15, 14:3, 14:5, 28:11, 33:18, 34:1, 38:18, 38:23, 38:24, 39:17, 40:19, 40:22, 41:4, 43:21, 43:25, 44:1, 45:6, 47:6, 47:8 recognizes [4] - 29:22, 38:20, 43:18, 44:5

recognizing [3] - 28:8, 42:24, 45:4 record [2] - 3:5, 51:5 referred [2] - 28:25 referring [2] - 31:4, 37:10 refers [5] - 21:7, 24:18, 24:19, 25:7, 25:8 reflects [1] - 39:2 regard [1] - 17:8 regarding [1] - 7:2 regardless [2] - 32:1, 41:19 registration [1] - 21:22 regrets [1] - 3:14 reject [1] - 15:8 rejected [2] - 15:9, 34:11 relate [1] - 36:10 related [7] - 6:18, 9:8, 10:12, 11:20, 46:24, 48:23, 48:24 relates [2] - 6:20, 46:15 relating [2] - 11:5, 39:24 relationship [2] - 18:16, 22:21 relatively [1] - 50:14 relevant [1] - 4:15 relief [5] - 4:10, 9:13, 12:18, 13:3, 24:3 religious [1] - 17:22 rely [2] - 34:5, 34:7 remand [3] - 30:10, 30:11, 42:1 reminded [1] - 37:19 remove [1] - 28:11 removed [2] - 31:23, 41:17 renouncing [1] - 43:24 repeating [1] - 46:20 reply [2] - 12:2, 17:21 reported [1] - 2:16 REPORTER [1] - 51:1 Reporter [2] - 2:12, 2:13 represent [1] - 17:16 Representative [1] - 26:20 representing [1] - 48:14 represents [1] - 36:13 republic [1] - 26:9 request [3] - 12:6, 12:19, 50:6 requested [3] - 4:10, 8:20, 23:5 requesting [1] - 13:4 requests [1] - 49:7 require [2] - 10:5, 32:12 required [2] - 35:8, 42:21 requirement [2] - 17:12, 22:15 requires [6] - 19:16, 24:8, 35:13, 39:6, 42:8, 47:21 requiring [1] - 45:5 reserve [2] - 38:2, 50:11 reside [1] - 4:21 residence [1] - 47:22 residency [2] - 22:12, 22:14 resident [1] - 22:13 residents [4] - 11:17, 21:9, 33:10, 48:6 resolve [3] - 15:11, 15:12, 42:17 resolved [1] - 42:2 respect [5] - 12:20, 15:23, 23:8, 23:9,

30:3 respectfully [1] - 12:5 response [1] - 49:6 responsibility [1] - 48:19 rest [2] - 22:22, 25:19 restrain [1] - 31:16 restrict [1] - 28:20 restrictions [3] - 16:19, 20:23, 22:1 result [3] - 14:8, 21:2, 49:23 revenue [1] - 34:8 reversed [1] - 30:10 reviewed [1] - 48:18 revised [1] - 18:25 rich [1] - 16:24 RICHARD [1] - 1:12 Rico [8] - 5:25, 14:14, 29:13, 29:16, 30:20, 34:8, 34:17, 49:15 Rights [2] - 25:5, 26:19 rights [11] - 6:9, 15:3, 16:13, 19:16, 27:19, 29:24, 38:13, 39:14, 41:10, 42:7, 47:5 RJL [1] - 1:4 RMR [1] - 2:12 roads [1] - 17:21 rob [1] - 3:21 ROBERT [1] - 1:19 role [3] - 28:4, 31:7 Room [1] - 2:13 Rosa [1] - 15:2 ROTC [1] - 38:3 roughly [1] - 20:14 rule [2] - 26:24, 49:17 ruling [1] - 46:3 rulings [1] - 32:25 run [1] - 21:10

S
Saints [1] - 8:8 Salazar [1] - 3:13 Samoa [78] - 3:23, 4:12, 4:22, 5:8, 5:13, 5:18, 7:8, 7:17, 7:22, 8:7, 8:9, 11:13, 15:3, 16:10, 16:14, 16:19, 16:20, 17:19, 17:20, 18:9, 18:11, 18:13, 18:18, 19:1, 19:18, 20:15, 20:17, 20:22, 20:24, 21:2, 21:4, 21:8, 21:9, 21:10, 22:14, 22:22, 23:2, 23:8, 23:11, 23:25, 24:7, 27:3, 28:8, 29:9, 29:12, 30:1, 30:14, 33:22, 35:18, 35:24, 36:5, 36:13, 37:23, 37:24, 37:25, 38:8, 38:11, 38:18, 39:17, 39:25, 40:18, 41:24, 42:5, 42:8, 42:19, 43:9, 44:7, 44:16, 45:24, 46:16, 46:17, 47:23, 48:8, 48:11, 48:16, 48:20, 49:6, 49:11 Samoa's [3] - 7:25, 18:1, 48:17 Samoan [31] - 7:23, 12:20, 15:6, 15:14, 16:3, 16:10, 16:16, 16:22, 17:2, 17:4, 17:5, 17:13, 17:14, 18:4, 18:6, 18:16, 18:18, 18:19, 18:24, 20:5, 20:10, 21:6, 22:24, 23:1, 28:7, 36:21, 39:25,

41:3, 41:8, 47:21 Samoans [16] - 7:23, 10:13, 11:21, 17:1, 17:15, 19:23, 22:1, 22:19, 34:21, 37:10, 38:9, 40:23, 42:3, 44:21, 45:2, 48:5 Samoas [1] - 11:17 sanguinis [1] - 9:5 saw [2] - 40:3, 44:21 Schaeffer [1] - 3:19 SCHAEFFER [1] - 1:22 school [1] - 38:3 schools [1] - 38:4 scope [2] - 31:15, 33:8 Scott [1] - 31:18 scrutiny [1] - 17:17 se [1] - 36:22 seal [2] - 37:12, 37:23 Second [3] - 7:4, 15:10, 29:1 second [4] - 5:9, 18:3, 25:7, 26:14 Secretary [2] - 48:18 Section [3] - 10:5, 24:16, 24:19 section [7] - 4:18, 4:25, 5:2, 10:6, 24:18, 25:7, 25:8 see [6] - 14:21, 14:23, 41:9, 50:17 seek [1] - 20:8 seem [1] - 35:15 Senate [5] - 17:11, 17:13, 25:4, 40:25, 41:14 Senator [2] - 25:4, 40:20 senators [1] - 21:12 sense [6] - 27:1, 27:20, 27:21, 28:1, 43:17, 48:11 sensitivity [1] - 35:5 September [1] - 6:19 series [1] - 34:5 serve [1] - 21:3 served [1] - 22:1 service [2] - 44:1, 44:24 set [1] - 47:16 settle [1] - 28:13 several [4] - 8:17, 24:19, 26:13, 30:14 short [1] - 50:14 shorthand [1] - 2:16 show [1] - 19:4 shut [1] - 17:21 signed [1] - 18:22 significance [1] - 31:4 significant [1] - 38:7 similar [5] - 6:16, 26:20, 38:9, 39:2, 41:20 similarities [1] - 42:11 similarly [7] - 7:2, 10:21, 29:12, 29:14, 33:16, 34:21 simply [6] - 5:17, 8:15, 10:8, 15:9, 37:7, 38:12 single [1] - 34:10 sit [2] - 27:25, 50:16 situated [5] - 10:21, 10:22, 29:12, 29:15, 34:21

10

situation [6] - 5:1, 6:22, 7:1, 8:9, 8:22, 10:13 situations [1] - 6:16 size [1] - 19:11 slaughterhouse [2] - 25:17, 33:6 sleep [1] - 12:25 slightly [1] - 9:4 slow [1] - 35:19 society [2] - 17:4, 36:18 soli [4] - 9:5, 26:16, 27:6 solution [2] - 19:11, 50:17 someone [2] - 6:9, 33:22 sorry [3] - 32:22, 35:20, 44:25 sort [2] - 15:11, 15:18 sounds [1] - 26:7 south [1] - 17:24 sovereignty [1] - 43:6 special [1] - 7:21 specific [5] - 4:13, 5:16, 10:25, 30:19, 30:22 specifically [9] - 4:22, 4:24, 5:7, 7:20, 11:11, 11:22, 31:14, 33:5, 45:24 spent [2] - 22:13, 48:1 spoken [1] - 11:12 sports [1] - 44:24 stage [1] - 38:17 stamp [2] - 10:1, 37:1 standing [3] - 8:24, 9:2, 9:11 start [1] - 13:1 state [6] - 4:9, 4:21, 5:12, 7:10, 7:14, 12:5 State [2] - 3:8, 10:8 statehood [1] - 47:3 statements [1] - 4:14 STATES [3] - 1:1, 1:8, 1:13 States [91] - 3:3, 4:19, 4:21, 4:23, 4:24, 5:4, 5:5, 5:6, 5:20, 5:23, 8:10, 8:13, 13:11, 13:16, 15:14, 15:24, 16:12, 16:13, 17:7, 17:11, 18:9, 18:10, 18:17, 18:20, 19:3, 19:14, 19:15, 19:17, 19:19, 19:23, 20:9, 20:18, 20:20, 20:24, 21:7, 21:20, 22:2, 22:20, 22:23, 22:25, 23:2, 23:3, 23:25, 24:18, 24:23, 24:25, 25:11, 25:12, 25:21, 25:23, 26:1, 26:9, 26:13, 26:25, 27:3, 27:8, 27:12, 27:24, 28:5, 28:7, 28:9, 31:2, 32:4, 32:14, 33:1, 33:23, 34:18, 36:23, 37:2, 37:3, 37:6, 37:12, 37:14, 38:8, 40:2, 43:1, 43:6, 43:16, 44:3, 44:5, 44:9, 44:14, 44:16, 44:23, 46:15, 48:14, 48:15, 49:18, 49:20 states [9] - 24:19, 25:7, 25:9, 25:12, 25:24, 26:10, 26:14, 27:12, 33:9 stating [2] - 13:8, 41:4 station [1] - 38:2 status [19] - 5:7, 10:9, 11:11, 11:12, 15:4, 18:1, 22:23, 23:5, 23:12, 34:14, 36:23, 37:20, 38:15, 39:2, 39:3, 40:14, 45:24, 45:25, 47:24 statute [2] - 26:20, 33:11

statutes [5] - 4:14, 5:7, 10:10, 11:20, 32:1 statutory [2] - 9:18, 12:3 stay [1] - 14:21 step [1] - 47:7 still [1] - 13:21 streamline [1] - 49:3 streamlined [2] - 20:11, 22:20 streamlining [2] - 11:20, 49:7 Street [5] - 1:17, 1:20, 1:24, 2:7, 2:10 strengthen [1] - 31:3 subject [5] - 4:20, 24:23, 24:25, 25:1, 31:15 subordinate [1] - 37:20 subsection [2] - 4:25, 5:2 substance [1] - 15:5 suggest [1] - 35:15 suggested [1] - 35:24 suggestion [1] - 15:15 Suite [1] - 1:17 summarize [1] - 9:15 support [1] - 13:6 supports [1] - 13:9 Supreme [13] - 9:3, 9:6, 13:11, 13:16, 23:24, 25:13, 27:2, 28:15, 30:23, 31:1, 32:20, 32:24, 33:4 sustain [1] - 10:3 synonyms [2] - 24:21, 25:2 system [2] - 19:14, 21:4

T
table [4] - 3:7, 3:12, 3:18, 12:22 task [1] - 13:8 taught [2] - 38:4, 38:5 tax [1] - 46:16 telecommunications [1] - 44:18 temporary [1] - 47:22 ten [2] - 4:3, 4:4 terms [1] - 31:14 terrific [1] - 23:16 territorial [3] - 21:11, 25:11, 44:4 Territorial [1] - 17:13 territories [26] - 6:25, 9:23, 10:17, 10:22, 14:6, 14:10, 19:10, 23:25, 25:9, 25:20, 26:10, 26:25, 27:13, 27:24, 29:19, 29:21, 29:23, 30:22, 31:3, 31:8, 32:3, 33:9, 34:23, 38:25, 40:13, 44:15 territory [23] - 8:10, 11:7, 18:2, 19:14, 19:17, 27:16, 30:7, 31:13, 32:14, 32:17, 33:1, 33:3, 33:17, 38:1, 40:3, 45:25, 46:19, 46:21, 47:1, 47:4, 47:9, 49:19 test [3] - 22:17, 31:14, 42:6 text [8] - 6:22, 9:17, 12:2, 12:3, 24:3, 24:16, 43:3, 49:24 THE [83] - 1:2, 1:12, 3:9, 3:16, 3:24, 5:9, 5:12, 5:15, 6:6, 6:8, 6:13, 7:6, 8:2, 8:24, 9:14, 10:19, 11:15, 11:25, 12:7, 12:9, 12:21, 13:23, 14:19, 16:8, 20:13, 20:19, 20:25, 21:14, 21:17, 22:3, 23:15,

23:17, 23:21, 24:23, 25:13, 26:4, 26:6, 27:9, 27:20, 28:22, 29:10, 30:15, 30:17, 32:2, 32:6, 32:8, 32:13, 32:20, 32:24, 33:13, 33:15, 33:22, 34:19, 34:23, 35:10, 35:19, 35:21, 36:3, 36:12, 36:19, 36:25, 37:9, 37:14, 37:22, 40:9, 40:12, 41:11, 43:8, 43:12, 43:14, 44:8, 44:11, 45:9, 45:13, 45:15, 45:18, 46:2, 46:13, 47:16, 48:7, 50:1, 50:4, 50:8 theirs [1] - 37:15 themselves [9] - 10:4, 21:20, 21:21, 31:5, 35:16, 42:3, 42:25, 44:22, 49:13 theory [1] - 29:11 therefore [1] - 7:12 thereof [1] - 4:20 third [2] - 18:8, 20:2 Third [4] - 7:4, 11:4, 15:9, 29:1 thoughts [1] - 12:19 threat [1] - 17:2 three [1] - 12:16 ties [2] - 31:2, 44:14 timetable [1] - 23:15 title [1] - 21:13 titles [1] - 17:11 today [6] - 16:1, 17:20, 30:2, 41:15, 44:17, 50:10 top [1] - 48:8 topic [1] - 5:17 toward [3] - 17:4, 17:5 towards [3] - 22:14, 47:23, 48:2 traditionally [1] - 32:15 traditions [5] - 8:6, 11:1, 11:7, 11:10, 16:11 transcript [2] - 2:16, 51:5 TRANSCRIPT [1] - 1:12 transcription [1] - 2:16 travel [2] - 37:11, 44:17 traveling [1] - 20:23 treated [1] - 44:6 treatise [1] - 26:22 trial [7] - 29:25, 30:13, 30:20, 41:21, 41:24, 42:4, 42:12 tried [1] - 16:15 trip [1] - 47:21 true [4] - 19:9, 21:9, 22:3, 22:5 truly [2] - 37:3, 50:12 Trumbull [1] - 25:4 try [5] - 12:15, 12:24, 46:21, 46:25, 49:3 trying [3] - 15:17, 15:21, 16:13 TUAUA [1] - 1:4 Tuaua [1] - 3:3 turn [4] - 30:5, 31:9, 34:2, 39:13 Twentieth [1] - 34:3 twice [2] - 40:25, 41:14 two [4] - 5:7, 22:21, 27:2, 45:9

U
U.S [31] - 2:6, 2:13, 4:11, 5:3, 6:1,

11

7:25, 8:20, 11:5, 11:13, 29:20, 33:11, 33:17, 36:5, 36:17, 37:17, 38:1, 38:2, 38:19, 38:20, 38:22, 40:15, 40:19, 40:22, 40:25, 41:1, 41:2, 42:22, 46:18, 48:23, 49:15 um-hum [1] - 37:13 unambiguous [2] - 4:13, 5:17 unanimously [1] - 41:13 unanticipated [1] - 16:4 unconstitutional [5] - 10:6, 42:23, 46:4, 46:8, 46:9 uncontested [2] - 33:12, 33:17 under [20] - 7:10, 7:11, 8:25, 9:11, 13:18, 15:2, 16:14, 17:2, 17:16, 17:24, 19:14, 27:23, 33:25, 35:4, 36:15, 39:6, 42:22, 47:8, 50:8, 50:16 undercuts [1] - 46:23 understandably [1] - 40:7 understood [2] - 25:3, 26:17 unelected [1] - 27:25 unincorporated [14] - 5:19, 5:23, 6:25, 9:23, 10:17, 14:9, 18:1, 19:10, 30:7, 31:3, 45:25, 46:19, 46:21, 47:4 union [1] - 25:8 unique [9] - 7:21, 8:9, 10:23, 11:6, 19:5, 33:19, 34:23, 34:24, 47:24 UNITED [3] - 1:1, 1:8, 1:13 United [91] - 3:3, 4:19, 4:20, 4:23, 4:24, 5:4, 5:5, 5:6, 5:20, 5:23, 8:10, 8:13, 13:10, 13:16, 15:14, 15:24, 16:12, 16:13, 17:6, 17:11, 18:9, 18:10, 18:17, 18:20, 19:3, 19:14, 19:15, 19:17, 19:19, 19:23, 20:9, 20:18, 20:19, 20:24, 21:7, 21:20, 22:2, 22:20, 22:23, 22:25, 23:2, 23:25, 24:18, 24:23, 24:25, 25:11, 25:12, 25:21, 25:23, 26:1, 26:9, 26:12, 26:25, 27:3, 27:8, 27:12, 27:24, 28:5, 28:7, 28:9, 31:2, 32:4, 32:14, 33:1, 33:23, 34:17, 36:23, 37:2, 37:3, 37:6, 37:12, 37:14, 38:8, 40:2, 43:1, 43:6, 43:16, 44:3, 44:4, 44:8, 44:14, 44:16, 44:22, 46:15, 48:14, 48:15, 49:18, 49:20 unless [3] - 21:12, 23:14, 45:11 unprecedented [1] - 15:23 untenable [1] - 49:23 up [7] - 6:25, 33:16, 41:20, 41:21, 42:12, 47:19, 50:17 updated [1] - 5:10 uproot [2] - 42:24, 43:15 upset [1] - 40:7 urge [1] - 14:8 urges [1] - 16:13 urging [2] - 15:22, 19:13 Urquidez [1] - 13:17 USC [7] - 4:25, 5:2, 10:5, 46:7, 46:8 USCIS [1] - 8:19 useful [1] - 27:18 uses [1] - 46:25

V
Valmonte [1] - 15:10 value [1] - 22:23 valued [1] - 18:2 various [3] - 16:15, 27:24, 28:22 vehicle [1] - 7:24 Verdugo [1] - 13:17 Verdugo-Urquidez [1] - 13:17 versus [17] - 3:3, 6:19, 8:7, 8:8, 8:25, 9:1, 9:2, 11:2, 11:3, 13:11, 14:4, 15:1, 16:6, 20:1, 46:11, 47:25 vibrant [1] - 16:25 Victor [1] - 3:12 Vietnam [1] - 3:14 view [3] - 14:19, 23:7, 27:20 views [2] - 17:4, 23:3 Virgin [5] - 6:1, 11:5, 14:13, 29:13, 49:15 virtue [1] - 28:18 voluntary [1] - 18:17 vote [11] - 11:16, 11:19, 11:23, 21:21, 36:13, 37:6, 40:9, 40:14, 41:20, 41:21, 42:13

Wilson [1] - 26:21 win [1] - 18:7 wish [3] - 22:10, 47:12, 49:4 withheld [1] - 41:3 withhold [1] - 27:18 Wong [4] - 27:4, 28:15, 33:7, 46:24 word [1] - 46:25 words [1] - 30:6 Wydra [1] - 3:20 WYDRA [1] - 1:22 Wynne [1] - 3:6 WYNNE [1] - 2:5

Y
year [4] - 5:9, 6:20, 22:12, 47:23 years [6] - 24:14, 25:16, 27:2, 40:4, 40:7, 40:10 yourself [1] - 3:4

W
waived [1] - 22:13 wants [3] - 15:19, 20:6 War [1] - 44:25 war [1] - 18:14 Washington [8] - 1:18, 1:21, 1:24, 2:7, 2:10, 2:14, 17:23, 23:11 watched [1] - 44:20 ways [5] - 31:3, 37:16, 38:9, 38:14, 38:15 WEARE [45] - 1:16, 3:17, 23:19, 23:22, 24:25, 25:15, 26:5, 26:7, 27:14, 28:3, 29:7, 29:17, 30:16, 30:18, 32:5, 32:7, 32:11, 32:19, 32:22, 33:4, 33:14, 33:16, 33:24, 34:22, 34:25, 35:12, 35:20, 35:23, 36:7, 36:15, 36:20, 37:1, 37:13, 37:16, 37:25, 40:11, 40:13, 41:12, 43:10, 43:13, 43:15, 44:10, 44:12, 45:10, 45:14 Weare [2] - 3:17, 23:18 weight [5] - 10:14, 13:12, 13:13, 13:22, 34:9 welcome [3] - 3:9, 3:16, 3:24 well-known [1] - 25:24 wherein [1] - 4:21 wholesale [4] - 13:6, 16:16, 17:18, 29:4 wholly [3] - 10:1, 16:11, 17:6 William [1] - 26:22 WILLIAMS [14] - 2:9, 3:10, 12:10, 12:24, 13:25, 14:23, 16:9, 20:15, 20:21, 21:5, 21:15, 21:18, 22:4, 23:16 Williams [5] - 3:11, 12:9, 12:11, 23:17, 28:25