President Obama Submits Draft VI Constitution To US Congress

March 3, 2010

Hearing scheduled March 17 in DC; provisions on native rights, federal sovereignty questioned

President Barack Obama

President Barack Obama

Sovereignty, status and native rights are the major areas of review for the US Congress as they evaluate the draft Virgin Islands Constitution submitted by the Fifth Constitutional Convention. 

The draft was submitted to Congress by President Barack Obama on February 26, 2010, and Congress has 60 days to review the document and make its recommendations.

Hearings on the document will be held March 17 in Washington, DC and local testifiers are being invited, according to a press release from Delegate to Congress Donna Christensen. However, based on tight legislative schedules, there will be no hearings held locally to discuss the document, the release said. 

President Obama wrote that he had received the draft from Virgin Islands Governor John P. deJongh, and that deJongh had “expressed his concerns about several provisions of the proposed Constitution. ” As a result, Obama requested and received input from the Department of Justice and the Department of the Interior whose analysis concluded that “several features of the proposed constitution warranted analysis and comment,”  and fowarded those concerns, along with the draft, to Congress. (attached below)

Those areas are:

  • Absence of an express recognition of United States sovereignty and supremacy of federal law
  • Provisions for a special election on the USVI’s territorial status
  • Provisions conferring legal advantages on certain groups defined by place and timing of birth, timing of residency and ancestry
  • Residence requirements for certain offices
  • Provisions guaranteeing legislative representation of certain geographic areas
  • Provisions addressing territorial waters and marine resources
  • Imprecise language in certain provisions of the proposed constitution’s bill of rights
  • The possible need to repeal certain federal laws if the proposed USVI constitution is adopted
  • The effect of congressional action or inaction on the proposed constitution

The submission to Congress was the most recent chapter in the long story of this draft constitution. The draft constitution was completed locally and submitted to Governor John P. deJongh, Jr. in May, 2009 but was not submitted to President Obama until December 31. The submission was delayed until deJongh, who objected to some provisions of the document, was ordered by Superior Court Judge Darryl D. Donahue, Sr., on December 23, 2009, giving the Governor ten business days from the date of his order to forward the document to Washington, DC. (see “Court to Gov.: Submit the Constitution)

But more recently, controversy has swirled around the actions of seven members of the Constitutional Convention, who submitted their own request to President Obama for revisions to the document. According to reports, convention delegates Sen. Craig Barshinger, Robert Schuster, Anne Golden, Arnold Golden, Eugene “Doc” Petersen, Douglas Capedeville and Douglas Brady submitted the revisions without the knowledge or consent of the rest of the 30 convention delegates.  (attached)

Christensen said on a radio program Wednesday evening that the revised document never reached the White House and was not a factor in Obama’s review of the document.

It is quite likely that testifiers invited to the Congressional hearing will have a very brief opportunity, perhaps as little as three minutes, to present their information on the rationale of the document. Prior to Christensen’s release, it had been hoped that local hearings would be held on the matter. 

Christensen’s release said that efforts are underway to have the hearings televised and available via the internet so that the local population can see the process. 

We will keep you posted.

President Obama’s Transmittal Letter

Convention Subgroup “Revision” Letter

Christensen Release on Constitution

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71 Responses to President Obama Submits Draft VI Constitution To US Congress

  1. Anonymous on March 17, 2010 at 11:17 pm

    You talk about deJongh not liking down island people and only using them. But Mapp is just as bad. He is not only using the down island people but he also using the Santos to get votes too.

  2. Anonymous on March 17, 2010 at 11:39 pm

    deJongh and Mapp both dont care for naturalized citizens .

  3. Native Virgin Islander on March 17, 2010 at 11:56 pm

    Anonymous: why won’t MAPP like island people when his family comes from Barbados? You need to stop spreading wrong news to discredit people. Maybe deJongh is the one that don’t like island people and he is using them. Everything is MAPP and deJongh nothing about Donastorg? You need to stop trying to frightened the voters. Voters stay focus this election is a serious one.

  4. Persona Non Grata on March 18, 2010 at 9:27 am

    @ Outsider

    You seem to feel that you are being disrespected. Is this because you feel that you have the advantage of a majority vote that can overwhelm Native Virgin Islanders’ interests? Is this showing RESPECT to the people who accommodated you when you came here?
    Please understand that everyone is diserving of respect for who they are as long as they are law-abiding citizens.
    But I am sure that you realize that Native Virgin Islanders have been marginalized and are being made irrelevant in their own home. The implied threat in your remark is proof of that.

  5. Anonymous on March 18, 2010 at 11:13 am

    @Native Virgin Islander,

    Why do you Mapp people always have to bring Donastorg in a conversation that has nothing to do wih him? I am from Dominica and we have always and will always support Donastorg. He is a good hard working man and have proven this to all of us.

    I believe that the native people should receive special benefits. All the other islands have special benefis for their native population. Fair is fair

    All 153 votes are going for Donastorg.

  6. Native too on March 18, 2010 at 12:01 pm

    I am a 10th generation crucian. However, I do not get so tied up in ‘where who in my family’ is from to define who I am today. I am who I am today not because I am a native but because I was brought up in a household with respect. For me, it doesn’t matter where you come from, it’s the vibes you give me. I never look for special treatment because of the color of my skin or the last name that I carry. However when it comes down to fairness, ‘fair is fair.’ I cannot go in another country and expect to run for government positions. I cannot go in certain countries and buy land. I cannot go in another country and set their provisions and policies. ETC.: What I am getting at is: if native virgin islanders want to preserve their identity, they should have that right. There is alot of reasons why foreigners seek to come to America. America embraces them, because we are such that great nation that believes in freedom. You cannot expect to come to America and have it all….some people do….then they want to take it all. That is not fair. Being in America is a great opportunity, a chance at a better life. Make the best out of it, but respect those who was there before you. Native Americans have their certain rights and priveleges, so do natives of Hawaii. Why should the Virgin Islands be any different?

  7. T on March 18, 2010 at 1:30 pm

    Mario has brought up good question on his show: where was our governor, John P. deJongh born? With the research I did, my impression is that he was born in St. Thomas, but was raised in Detroit. But now, they are doubt about who he is supposed to be representing.

    I didn’t catch the whole House Committee meeting yesterday, but I am hearing that the governor described himself as a Native-American. I thought that he referred himself as a African-American. The first time I see him, he looked like a Hispanic person to me, but I wasn’t sure what race he is.

  8. Anonymous on March 18, 2010 at 2:42 pm

    John was not born in St Thomas, St Croix or St John. He was not born in the VI.

  9. Anonymous on March 18, 2010 at 3:18 pm

    I am a Native American. I did not hear the VI Governor say he is also a Native American. He said that he is a native and an American.The debate could be settled by obtaining a transcript of the hearing. People must stop spreading falsehoods.

  10. JAHMAN on March 18, 2010 at 3:38 pm

    While the language of the proposed COnstitution can be determined as devisive, we have to remember where this all started. The real answer is how do we redress the wrongs committed so many years ago. Also I read in the Daily News the other day a letter to the President from verdel petersen stating that a majority of the citizens of the V.I. disagreed with the proposal, really? How presumtious of Petersen to state something as egregious as this. I am a “native virgin islander” and do not know 3 people personally who have a problem with the proposed constitution.

  11. Tell-Me-Please on March 18, 2010 at 4:47 pm

    And while we are at this question……where was Bert was born?

  12. Anonymous on March 18, 2010 at 4:49 pm

    The peoblem is that these people don’t know who they are! as a Native I find it very sad, and I feel sorry for them!

  13. Anonymous on March 18, 2010 at 5:55 pm

    What a lot of people don’t realize is that the majority of the naturalized citizens will vote in favor of the VI Constitution. Because their children and grand-children etc. that are born in the VI will be considered Native Virgin Islanders.

    All of my friends that are naturalized, including me, will vote yes for the Constitution. This is about protecting and securing our childrens’ future.

  14. Anonymous on March 18, 2010 at 6:07 pm

    Thank you Anonymous that is just the way we feel, we are thinking about our children, there is only a few people that are selfish, are saying bad things about it they don’t care about the children.

  15. Anonymous on March 18, 2010 at 7:09 pm

    Dr Habtise for Delegate to Congress!

    We need to get rid of Donna.

  16. Anonymous on March 18, 2010 at 8:06 pm

    YES ! YES! DR.HABTISE FOR CONGRESS! I am all for that!!!!!!!!!!!!!!!!!!

  17. Persona Non Grata on March 18, 2010 at 10:15 pm

    I agree! Dr. Habtes would have my vote, and so would Gerard Luz James, Usie Richards, Adelbert Bryan,and Gerard Emanuel if they were to run for office.
    THESE ARE OUR LEADERS!!!

  18. Anonymous on March 18, 2010 at 10:21 pm

    THESE ARE OUR LEADERS??? Only if you like intellectual mastur__tion!!!

  19. Anonymous on March 19, 2010 at 12:02 am

    John, please shut-up and give us back our money!

  20. Phantom on March 19, 2010 at 7:45 am

    @ Anonymous on March 19, 2010 at 12:02 am

    You wish! John is too busy running a government and fighting for the VI people in Washington D.C. to be paying attention to the negativity on this site. The money he has brought and continues to bring into this territory far exceeds the amount spent on security measures at his property, which he has promised to pay the residual value of at the end of his term. (Contrary to false assertions on this site!)

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