An American National, But Not a Citizen
2016-11-26 21:00:14

The United States is made up of 50 states, the District of Columbia and 16 territories. Five of these territories are permanently inhabited.(1)
美国是由 50 个州、 哥伦比亚特区和 16 个领土。五这些领土永久居住。

They are the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands and American Samoa. More than four million people live in them.(2)
他们都是英联邦的波多黎各,美属维尔京群岛、 关岛、 北马里亚纳群岛和美属萨摩亚的联合体。超过 400 万人生活在他们。

Except for American Samoa, people born in these territories automatically become U.S. citizens.(3)

They have many of the same rights as other U.S. citizens; however, they may not vote for president, and they do not pay federal taxes.(4)
他们有很多其他美国公民; 同样的权利然而,他们不可能投票选总统,和他们不交联邦税。

People who live in American Samoa are U.S. but are not automatically given birthright citizenship.(5)

In other words, they do not automatically become U.S. citizens at birth.(6)

American Samoans can apply to become naturalized citizens, but the process is lengthy and costly.(7)

In addition, they must live in the U.S. for three months before they can apply.(8)

Then they must stay in the U.S. for months or even years while their application is being processed.(9)

During that time, they may not hold a job that requires U.S. citizenship.(10)

A debate about citizenship(11)

Some American Samoans believe the Fourteenth Amendment to the Constitution already gives them citizenship.(12)
一些美属萨摩亚人相信第十四修正案对宪法 》 已经给了他们公民身份。

Section 1 of the Amendment says, in part: “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.”(13)
Section 1 of the Amendment says, in part:"所有人出生或归化美国,并受其管辖,都是和他们居住州的美国公民"。

In 2013, some American Samoans used the amendment to argue for citizenship.(14)
在 2013 年,一些美属萨摩亚人修订用于争取公民权。

They asked a federal district court judge to order that they be given birthright citizenship. But the judge refused.(15)

They appealed the decision.(16)

But, a three-judge federal appeals court panel also refused to grant American Samoans birthright citizenship.(17)

The panel said only Congress, not the courts, had the power to make rules for territories.(18)

In June, the U.S. Supreme Court refused to hear an appeal of that ruling. It did not say why.(19)
今年 6 月,美国最高法院拒绝审理这一裁决提出上诉。它并没有说为什么。

But the justices seemed to be saying a ruling the Supreme Court made in 1901 should not be changed.(20)
但法官似乎说不应改变作于 1901 年,最高法院裁决。

At that time, the Supreme Court considered a series of cases about how the territories won by the United States in the Spanish-American War should be governed.(21)

It ruled 5-4 that people in those territories did not have full constitutional rights, even if they are U.S. citizens.(22)
它统治 5 4 人在这些领土没有完整的宪法权利,即使他们是美国公民。

The majority said only Congress -- not courts or even the Constitution -- could give people in the territories full rights.(23)
多数人说只有国会 — — 不是法院或甚至是宪法 》 — — 可以给领土人民充分的权利。

Since then, Congress has given birthright citizenship to people born in Puerto Rico, Guam, the U.S. Virgin Islands and the Northern Mariana Islands.(24)
自那时以来,国会已经出生公民权出生在波多黎各、 关岛、 美属维尔京群岛和北马里亚纳群岛的人。

Many writers, professors and constitutional law professors disagreed with the Supreme Court’s decision earlier this year not to hear the appeal.(25)
许多作家、 教授和宪法法学教授同意最高法院的决定今年早些时候不以聆讯上诉。

They said people should not be governed unless they can fully take part in the decisions of a government.(26)
他们说︰ 人不应管辖,除非他们完全可以参加政府的决定。

And many said the 1901 Supreme Court decision, which spoke about “savages” and “alien” and “uncivilized” races, is both embarrassing and racist.(27)
很多人说 1901年法院的决定,其中谈到"野人"和"外国人"和"不文明"的比赛,是令人尴尬和种族主义。

They believe American Samoans, like people born in the other four populated territories, should be given automatic citizenship.(28)

What does American Samoa say?(29)

The government of American Samoa disagreed with those who wanted birthright citizenship.(30)

It said it did not want any change to be made in the current policy. It said "the people of Samoa are happy with this situation.”(31)

One reason the government of American Samoa is not seeking birthright U.S. citizenship is because of land ownership.(32)

It told the Supreme Court that if the U.S. Constitution applied fully to the territory, laws that stop non-Samoans from buying land could be threatened.(33)
它告诉最高法院是否美国宪法 》 充分适用于领土,停止非萨摩亚人购买土地的法律可能会受到威胁。

Currently, more than 90 percent of the territory’s land is owned communally.(34)
目前,超过 90%的领土的土地被公有。

Some legal experts disagreed with the territorial government. They said land ownership rights were separate from citizenship rights.(35)

In any case, the territorial government believes American Samoans should decide for themselves in a referendum whether they want to automatically become U.S. citizens.(36)

It says if they do, they should then ask Congress to change the law.(37)

I’m Christopher Jones-Cruise.(38)
我是克里斯托弗 · 琼斯-克鲁斯。

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