[Congressional Record Volume 156, Number 99 (Tuesday, June 29, 2010)]
[House]
[Pages H4925-H4927]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROVIDING FOR RECONSIDERATION AND REVISION OF PROPOSED CONSTITUTION OF
THE UNITED STATES VIRGIN ISLANDS
Mrs. CHRISTENSEN. Mr. Speaker, I move to suspend the rules and pass
the joint resolution (S.J. Res. 33) to provide for the reconsideration
and revision of the proposed constitution of the United States Virgin
Islands to correct provisions inconsistent with the Constitution and
Federal law.
The Clerk read the title of the joint resolution.
The text of the joint resolution is as follows:
S.J. Res. 33
Whereas Congress, recognizing the basic democratic
principle of government by the consent of the governed,
enacted Public Law 94-584 (94 Stat. 2899) authorizing the
people of the United States Virgin Islands to organize a
government pursuant to a constitution of their own adoption;
Whereas a proposed constitution to provide for local self-
government for the people of the United States Virgin Islands
was submitted by the President to Congress on March 1, 2010,
pursuant to Public Law 94-584;
Whereas Congress, pursuant to Public Law 94-584, after
receiving a proposed United States Virgin Islands
constitution from the President may approve, amend, or modify
the constitution by joint resolution, but the constitution
``shall be deemed to have been approved'' if Congress takes
no action within ``sixty legislative days (not interrupted by
an adjournment sine die of the Congress) after its submission
by the President'';
Whereas in carrying out Public Law 94-584, the President
asked the Department of Justice, in consultation with the
Department of the Interior, to provide views on the proposed
constitution;
Whereas 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 territorial
status of the United States Virgin Islands;
(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 bill of
rights of the proposed constitution;
(8) the possible need to repeal certain Federal laws if the
proposed constitution of the United States Virgin Islands is
adopted; and
(9) the effect of congressional action or inaction on the
proposed constitution; and
Whereas Congress shares the concerns expressed by the
executive branch of the Federal Government on certain
features of the proposed constitution of the United States
Virgin Islands and shares the view that consideration should
be given to revising those features: Now, therefore, be it
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SENSE OF CONGRESS ON PROPOSED CONSTITUTION FOR
UNITED STATES VIRGIN ISLANDS.
It is the sense of Congress that Congress--
(1) recognizes the commitment and efforts of the Fifth
Constitutional Convention of the United States Virgin Islands
to develop a proposed constitution; and
(2) urges the Fifth Constitutional Convention of the United
States Virgin Islands to reconvene for the purpose of
reconsidering and revising the proposed constitution in
response to the views of the executive branch of the Federal
Government.
SEC. 2. REVISION OF PROPOSED CONSTITUTION.
Section 5 of Public Law 94-584 (90 Stat. 2900) is amended--
(1) by designating the first, second, third, and fourth
sentences as subsections (a), (b), (d), and (e),
respectively;
(2) in subsection (b) (as so designated)--
(A) by striking ``within'' and all that follows through
``after'' and inserting ``within 60 legislative days after'';
and
(B) by inserting ``or has urged the constitutional
convention to reconvene,'' after ``in whole or in part,'';
(3) by inserting after subsection (b) (as so designated)
the following:
``(c) Revision of Proposed Constitution.--
``(1) In general.--If a convention reconvenes and revises
the proposed constitution, the convention shall resubmit the
revised proposed constitution simultaneously to the Governor
of the Virgin Islands and the President.
``(2) Comments of president.--Not later than 60 calendar
days after the date of receipt of the revised proposed
constitution, the President shall--
``(A) notify the convention, the Governor, and Congress of
the comments of the President on the revised proposed
constitution; and
``(B) publish the comments in the Federal Register.''; and
(4) in subsection (d) (as so designated), by inserting
``under subsection (b) (or, if revised pursuant to subsection
(c), on publication of the comments of the President in the
Federal Register)'' after ``or modified''.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
the Virgin Islands (Mrs. Christensen) and the gentleman from Washington
(Mr. Hastings) each will control 20 minutes.
The Chair recognizes the gentlewoman from the Virgin Islands.
General Leave
Mrs. CHRISTENSEN. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in
[[Page H4926]]
which to revise and extend their remarks and to include extraneous
material on the joint resolution under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from the Virgin Islands?
There was no objection.
Mrs. CHRISTENSEN. I yield myself such time as I may consume.
Mr. Speaker, Senate Joint Resolution 33 was introduced by the
chairman of the Senate Energy and Natural Resources Committee, Jeff
Bingaman, to respond to concerns raised with the fifth proposed
constitution for the United States Virgin Islands.
In order to encourage the adoption of their own constitutions,
Congress in 1976 enacted legislation to authorize the people of the
Virgin Islands and Guam to convene constitutional conventions and write
their own local constitutions. This act, Public Law 94-528, sets out
parameters that the supremacy of the United States Constitution must be
recognized and adhered to as well as a process for the Federal review
of any proposed constitution, including 60-day periods for both
Presidential and congressional reviews. We are at the very end of the
time prescribed for congressional action.
The U.S. Virgin Islands, an unincorporated territory acquired by the
United States from Denmark in 1917, is one of only two U.S. States and
territories that does not have a constitution written by the people who
determine its basic governmental organization and structure. Instead,
for more than half a century, the Virgin Islands have been under the
governance of a Federal law known as the Revised Organic Act of 1954.
Since 1964, the people of the Virgin Islands have attempted five times
to write a constitution that brings the territory governance from the
people. The first four efforts were unsuccessful.
On December 31, 2009, the Governor of the Virgin Islands submitted to
President Obama a constitution drafted by the Fifth Constitutional
Convention of the United States Virgin Islands. As required by Public
Law 94-584, the President transmitted the constitution to Congress on
March 1, 2010, for consideration.
In his submittal letter to Congress, President Obama indicated that
he asked the Department of Justice, in consultation with the Department
of the Interior, to provide their views on the proposed constitution.
The Department of Justice, in a memorandum which accompanied the
President's submittal letter, concluded that several features of the
proposed constitution warranted analysis and comment and outlined at
least eight areas in the proposed constitution that the Department of
Justice believes should either be removed from the constitution or
modified.
The resolution we are considering today attempts to respond to the
concerns about the proposed constitution raised by the Justice
Department by providing for its reconsideration and revision to correct
provisions that are inconsistent with the United States Constitution
and Federal law. It is a clear statement from Congress that the
convention should consider these provisions; although, it does not
dictate what the outcome of the ``reconsiderations'' should be.
This resolution also represents a compromise, and because of the
importance of this document and the process to my constituents and to
me, I would like to explain the journey that I have gone through as
their Representative in the only branch of local or national government
with the authority to make any changes.
Regardless of my personal opinion or understanding of the unique
circumstances of the U.S. Virgin Islands, the document adopted by the
convention does not meet the dictates of the act which authorized its
creation.
My initial position was that we as a Congress should exercise our
authority and amend it before sending the document back to the people
of the Virgin Islands to vote on. I still feel strongly that the people
at home are entitled to and deserve a constitutionally sound document
upon which to come out and cast their votes. That has not changed.
Yet, after listening to the testimony given in the Congress--and when
at home--to the many sides of the issue and after listening to the
varied opinions of a broad cross-section of my community, a different
position evolved. Despite my misgivings on the constitutionality of the
document, my views became more consistent with my long held stance that
the people of the territories should be the ones to decide on issues of
their self-governance.
The people of the Virgin Islands voted for delegates to the
Constitutional Convention. We as a Congress and I as their elected
Representative should honor their position and their work on the
people's behalf. Further, any provision that is unconstitutional would
not stand, and therefore, no one need fear that any rights guaranteed
by the U.S. Constitution would in any way be abridged.
The Senate felt differently. There was a degree of outrage at what
appeared on the surface to be a denial of equal protection under the
law. Although they first thought to reject the document outright, that
was not an option, and so they were prepared to amend it.
The resolution which is before us today represents a compromise that
I negotiated and which protects the right of the people of the Virgin
Islands to draft and adopt a constitution of their own writing; and I
do believe that, although the definitions of native and ancestral could
be included to follow the dictates, however, of the authorizing act,
any rights and privileges ascribed to them would need to be amended in
the reconvening of the convention. There is precedent for the
convention's reconvening to address administration concerns, as it
happened in the case of the fourth constitutional draft document.
As I stated in my testimony before the Senate, it had been my hope
that, once reconvened as prescribed in this resolution, no matter what
was or was not done, the resulting document would go directly to the
people of the USVI for the vote. I did not prevail in that argument,
but given the constraints of time imposed by the other body's late
action and the delays in reaching agreement on the resolution's being
placed on the suspension calendar, I hope that we will get this to the
people in time for the constitution to reconvene.
With that, I ask my colleagues to support the passage of this measure
so that we can get it done today and get it to the President for his
signature.
I reserve the balance of my time.
Mr. HASTINGS of Washington. I yield myself such time as I may
consume.
Mr. Speaker, the adoption of a constitution by the U.S. Virgin
Islands will provide additional autonomy for that territory. However,
any constitution that is adopted should not be in conflict with the
U.S. Constitution, as noted by the extensive comment provided by the
U.S. Justice Department.
{time} 1320
The House therefore should pass Senate Joint Resolution 33 today to
state concerns with the Virgin Islands draft Constitution and urge
remedying these issues.
Ms. BORDALLO. Mr. Speaker, I rise to address the House regarding S.J.
Res. 33, which the other body passed on June 17, 2010, and which
relates to a proposed Constitution of the Virgin Islands of the United
States adopted by the Fifth Constitutional Convention in the territory
on May 26, 2009. This particular proposed Constitution was received by
the House from the President of the United States with his comments
earlier this year, and was read and referred to the Committee on
Natural Resources. On March 17, 2010, I chaired an oversight hearing of
the Subcommittee on Insular Affairs, Oceans and Wildlife for the
purpose of receiving testimony about the proposed Constitution.
Testimony was received from a representative of the United States
Department of Justice and from leaders in the Virgin Islands, including
the Governor and the President of and five other Delegates seated to
the Fifth Constitutional Convention. Witnesses addressed both the
drafting and review process for the proposed Constitution as well as
its substance. Most importantly, witnesses emphasized the meaning that
the drafting and adoption of a constitution by and for the people of
the Virgin Islands holds for our democracy and for an increased level
of self-government for them.
An Act of the 94th Congress codified in Title 48 of the United States
Code provides for a Congressional review process for any proposed and
locally drafted Constitution for either the Virgin Islands or Guam.
Both territories are the only organized jurisdictions presently under
the U.S. Flag for which local government is not organized pursuant to a
locally
[[Page H4927]]
drafted and adopted Constitution. Indeed, a principal purpose of the
Act of the 94th Congress, U.S. Public Law 94-584, which governs this
process, was to enable the people of both territories to organize a
government pursuant to a Constitution of their own adoption and
structured in accordance with their vision.
Absent such a locally adopted Constitution, the governments of the
Virgin Islands and Guam have been organized by and derive legitimacy
from separate Acts of Congress, which for all intents and purposes
serve as de facto Constitutions for the respective territories. These
statutes are the Revised Organic Act of 1954 for the Virgin Islands,
which superseded the Organic Act of 1936, and the Organic Act of 1950
for Guam.
The people of the Virgin Islands have duly elected five
Constitutional Conventions since the enactment of the Revised Organic
Act of 1954. Two Conventions in the Virgin Islands were convened prior
to the enactment of U.S. Public Law 94-584--in 1964 and 1972,
respectively--and three since--in 1978, 1980, and the most recent, the
fifth such Convention convened in 2007. Positive steps toward increased
self-government for the people of the Virgin Islands were realized as a
result of the work of the 1964 and 1972 conventions, including an
amendment by Congress to the Revised Organic Act that allowed for the
Governor of the Virgin Islands to be chosen by popular election
beginning in 1965. The work of the third and fourth
conventions resulted in transmittals of whole proposed Constitutions to
the Congress, and similarly served as a continued exercise of and
toward greater self-government for the people of the Virgin Islands.
In 1977, one year following the enactment of U.S. Public Law 94-584,
a Constitutional Convention was convened in Guam and composed of
Delegates elected by the people of Guam. The particular proposed
Constitution drafted by that Convention was not ultimately adopted by
the people of Guam. Discussion arose then among the voters and leaders
of Guam about whether approval of local constitutional government in
Guam might preclude or be prejudicial to the exercise of their right to
self-determination, and efforts in subsequent years were concentrated
predominately on resolving the territory's ultimate political status.
The Fifth Constitutional Convention of the Virgin Islands marks
another point in the continued journey of the people of the Virgin
Islands toward increased self-governance and their commitment to a
democratic form of government. The President noted such in his comments
to Congress on this most recent, proposed Constitution. While certain
legal questions have been raised regarding several of its features that
are noted in the President's comments, the proposed Constitution in and
of itself represents significant effort and work undertaken by leaders
in the Virgin Islands dedicated to their community and to our
democracy.
I commend the leadership that our colleague, Mrs. Christensen, has
brought to bear in this process and in all issues pertaining to
governance in the territories. This body is now considering a measure
that the Senate has sent to us. I would be remiss if I did not note the
implications for my district, Guam. As leaders in Guam may in the
future decide to again take up the work to draft and adopt a
Constitution locally, it is important that Congress remain cognizant of
and open to such opportunity.
S.J. Res. 33 proposes to amend the underlying statutory scheme
governing such a process to allow for formal revision of a proposed
Constitution after it has been initially transmitted to the President
and Congress. In doing so, it requires a reconvened Constitutional
Convention to resubmit a proposed Constitution in any form it may so
revise it to the Governor of the Virgin Islands and the President. In
amending Section 5 of U.S. Public Law 94-584 for this purpose, S.J.
Res. 33 would separate and designate as separate subsections the
existing four sentences of such Section. Additionally, it would insert
a new subsection (c) in the middle of the existing language to provide
for the resubmitting requirement. However, the proposed amendment of
the Senate would only insert a reference to the Governor of the Virgin
Islands in this instance despite the fact the underlying statute is
structured such that the process is to apply both to the Virgin Islands
and Guam, respectively. Revisiting this language may become important
should leaders in Guam at any point in the future again convene a
Constitutional Convention.
Ultimately, it is important for Congress to remain responsive to and
supportive of leaders in both territories as they work to advance local
self-government and provide for the rule of law.
Mr. HASTINGS of Washington. I yield back the balance of my time.
Mrs. CHRISTENSEN. I thank my colleague for his support. As we said,
we are at the very last few days with which the Congress has been
prescribed to act, and I ask for support of this measure.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from the Virgin Islands (Mrs. Christensen) that the House
suspend the rules and pass the joint resolution, S.J. Res. 33.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the joint resolution was passed.
A motion to reconsider was laid on the table.
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