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…
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
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.