Constitutional Resolution Returns Through The Delegate – Will The Convention Reconvene?

Document states that unless Convention reconvenes and addresses Congressional concerns "then there will be no referendum of approval or disapproval of the proposed constitution by the voters of the Virgin Islands, and this process ends.”

The Draft Constitution crafted by the Fifth Constitutional Convention is coming back to the Virgin Islands – but not as originally expected.

Reports now are that the Joint Resolution passed by the Senate last week will not be transmitted with the signature of President Barack Obama – but will be returned to the Territory through the office of Delegate to Congress Donna M. Christensen.

Additionally, the joint resolution apparently was not the result of debate and discussion by the joint houses of the US Congress, but of collaboration between the Delegate, US Senator Jeff Bingaman (D-NM), Governor John P. deJongh, Jr., and counsel for the Fifth Constitutional Convention Douglas Brady.

To our knowledge, no other convention delegates participated in or were consulted during the formation of the resolution.

In the statement he gave before the Senate, Bingaman said, “The approach taken in this resolution to respond to the Federal concerns raised with the proposed constitution has been reached in consultation with counsel for the Virgin Islands Convention, and with the Delegate and Governor of the Virgin Islands. While there were differing views on how Congress should proceed, I appreciate the cooperation and commitment of all involved in working out this consensus approach.”

It goes on to say that the resolution outlines a process “to provide for the reconsideration and revision of the proposed constitution of the Virgin Islands to correct provisions that are inconsistent with the U.S. Constitution and Federal law. More specifically, the resolution would amend P.L. 94-584, as amended, to provide that Congress may urge the convention to reconvene, but following reconsideration and revision of the proposed constitution, it would not be sent back to Congress for review.”

It was first believed that if the Constitution was sent back to the Territory for revision, that those revisions would have to follow the same path as the original document – from the Convention to the Governor to the President to the Congress and then back to the Territory for a vote.

That will not be the process, according to the resolution, which states, “Instead, the U.S. President would have 60 calendar days to provide administration comments to the Governor and Congress, and to publish those comments in the Federal Register. Then, the revised proposed constitution would be submitted to the voters for approval or disapproval.”

However, it states, if the Constitutional Convention “fails to reconvene, or if the convention fails to make revisions, then there will be no referendum of approval or disapproval of the proposed constitution by the voters of the Virgin Islands, and this process ends.”

The Delegate said in comments aired last week that her office will prepare a communication containing the resolution to be sent to the President of the Constitutional Convention, Gerard “Luz” James. She also said the matter of funding for the possible reconvening of the convention is now under the jurisdiction of the Department of the Interior. We are not aware of the amount of funds that will be requested if the convention chooses to reconvene or whether that amount will be granted.

We welcome direct input from any members of the Convention who would like to submit their comments or provide insight into the next steps for this document. At this writing, there are no updated documents on the matter on the Delegate’s website.

Meanwhile, the full text of the Bingaman statement is attached below.

Bingaman Presentation of Joint Resolution

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