The Unitary Executive and Democracy in American Samoa
This Essay explores the interplay between the unitary executive theory and democratic self-government in American Samoa. Part I examines the surprising intersection between administrative law and democracy in the territories and the District of Columbia, providing the general background necessary to understand the connection between the unitary executive theory and democratic home-rule or self-governance in these jurisdictions. Part II then briefly summarizes the fascinating legal history of American Samoa, with an emphasis on the continuing authority of the President of the United States and the Secretary of Interior over the territory, as well as how the territorial government of American Samoa manages to safeguard its cultural autonomy in ways that states and other territories cannot, such as through race-based land alienation laws, government recognition of tribal chief titles, and mandatory prayer curfews. Part III then considers the interplay between the unitary executive theory and democracy in American Samoa, ultimately concluding that even the most expansive interpretation of the President’s constitutional powers under the unitary executive theory would not permit the President to repeal the Constitution of American Samoa, revert the territory to military rule, remove the elected Governor of American Samoa, or interfere with the democratic institutions which already exist in the territory.
Cite as Anthony Ciolli, The Unitary Executive and Democracy in American Samoa, 18 N.Y.U. J.L. & Liberty 526 (2026)