[Congressional Record Volume 156, Number 27 (Monday, March 1, 2010)]
[Senate]
[Pages S856-S857]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          PROPOSED CONSTITUTION FOR THE VIRGIN ISLANDS--PM 47

  The PRESIDING OFFICER laid before the Senate the following message 
from the President of the United States, together with an accompanying 
report; which was referred to the Committee on Energy and Natural 
Resources:

To the Congress of the United States:
  In accordance with the requirements of Public Law 94-584 (the 
``Act''), I hereby transmit to the Congress a proposed constitution for 
the United States Virgin Islands (USVI). The constitution, drafted by 
the Fifth Constitutional Convention of the United States Virgin 
Islands, was submitted to me on December 31, 2009, by Governor John P. 
deJongh, United States Virgin Islands. In submitting the proposed 
constitution, Governor deJongh expressed his concerns about several 
provisions of the proposed constitution, but he also expressed his hope 
that the people of the United States Virgin Islands continue to ``move 
ahead towards [their] goal of increased local governmental autonomy.''
  The Act requires that I submit this proposed constitution to the 
Congress,

[[Page S857]]

along with my comments. The Congress then has 60 days to amend, modify, 
or approve the proposed constitution. If approved, or approved with 
modification, the constitution will be submitted for a referendum in 
the Virgin Islands for acceptance or rejection by the people.
  In carrying out my responsibilities pursuant to the Act, I asked the 
Department of Justice, in consultation with the Department of the 
Interior, to provide its views of the proposed constitution. The 
Department of Justice concluded that several features of the proposed 
constitution warrant analysis and comment, including: (1) the absence 
of an express recognition of United States sovereignty and the 
supremacy of Federal law; (2) provisions for a special election on the 
USVI's territorial status; (3) provisions conferring legal advantages 
on certain groups defined by place and timing of birth, timing of 
residency, or ancestry; (4) residence requirements for certain offices; 
(5) provisions guaranteeing legislative representation of certain 
geographic areas; (6) provisions addressing territorial waters and 
marine resources; (7) imprecise language in certain provisions of the 
proposed constitution's bill of rights; (8) the possible need to repeal 
certain Federal laws if the proposed USVI constitution is adopted; and 
(9) the effect of congressional action or inaction on the proposed 
constitution.
  To assist the Congress in its deliberations about this important 
matter, I attach the analysis of the Department of Justice, with which 
the Department of the Interior concurs. I believe that the analysis 
provided by the Department of Justice warrants careful attention.
  I commend the electorate of the Virgin Islands and its governmental 
representatives in their continuing commitment to increasing self-
government and the rule of law.
                                                        Barack Obama.  
The White House, February 26, 2010.

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