Proposed Constitution:

Second Constitutional Convention

1971-72



SOURCE: Proposed Document.



245

Table of Conten

Preamble



Article | - The Territory

Section 1. The Territory

Section 2. Form of Government

Section 3. Political Authority

Section 4. The Capital



Article II - Bill of Rights

Section 1. Freedom of Religion, Speech, Press, Assembly and Petition

Section 2. Due Process and Equal Protection

Section 3. Searches and Seizures; Inadmissable Evidence

Section 4. Rights of Accused

Section 5. Imprisonment for Debt

Section 6. Ex Post Facto; Attainder

Section 7. Habeas Corpus

Section 8. Eminent Domain; Contracts

Section 9. Slavery; Involuntary Servitude; Civil Rights

Section 10. Children

Section 11. Human Dignity; Discrimination

Section 12. Education

Section 13. Labor

Section 14. Public Employment

Section 15. Oath or Affirmation

Section 16. Open Beaches



Article |! -Bill of Rights (cont.)

Section 17. Right to Healthful Environment

Section 18. Limit of Interpretation



Article Ill - Suffrage and Election

Section 1. Qualifications for Voting

Section 2. Election Procedure

Section 3. Appointment of Electoral Officers

Section 4. General Elections



Article IV - The Legislature

Section 1. Designation and Unicameral Character

Section 2. Composition and Appointment

Section 3. Terms of Office

Section 4. Qualifications of Members

Section 5. immunity of Members .

Section 6. Compensation and Allowances



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Section 7. Limitations on Holding Other Office



Section 8. Organization and Procedure



Section 9. Vacancies



Section 10. Regular and Special Session



Section 11. Scope of Legislative Authority; Limitation of Enactments

Section 12. Quorum and Method of Voting on Bills



Section 13. Enacting Clause of Acts



Section 14. Approval and Disapproval of Bills



Section 15. Item Veto Power



Section 16. Journal of Proceedings; Contents



Section 17. Impeachment



Section 18. State of Emergency; Relocation of Government



Article V - The Executive

Section 1. Executive Power

Section 2. Lieutenant Governor

Section 3. Qualifications of Governor and Lieutenant Governor

Section 4. Election of Governor and Lieutenant Governor

Section 5. Limitation on Successive Terms

Section 6. Limitation on Holding Other Office

Section 7. Supervision of Executive Branch

Section 8. Appointive Powers

Section 9. Executive Clemency

Section 10. Executive Orders

Section 11. Civil Disorders

Section 12. Martial Law

Section 13. Removal of Governor by Referendum

Section 14. Governor's Temporary Disability or Absence

Section 15. Permanent Vacancy or Disability

Section 16. Temporary Absence or Disability of Lieutenant Governor

Section 17. Permanent Vacancy in Office of Lieutenant Governor

Section 18. Permanent Vacancy in Office of Governor and Lieutenant Governor

Section 19. State of Territory Message

Section 20. Recommended Legislation

Section 21. Executive Departments



Article VI - Finance and Taxation

Section 1. Power of Taxation; Power to Contract Debts

Section 2. Uniform Taxation

Section 3. Limitation on Appropriations

Section 4. Failure to Make Appropriations



Article VI - Finance and Taxation (cont.)

Section 5. Use of Public Property

Section 6. Government Bonds

Section 7. Systems of Account



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Section 8. Executive Budget

Section 9. Comptroller



Article Vil - The Judiciary

Section 1. Judicial Power

Section 2. Superior Court

Section 3. Jurisdiction of Courts

Section 4. Appointment of Judges

Section 5. Qualifications of Judges

Section 6. Terms of Office

Section 7. Removal From Office

Section 8. Administration

Section 9. Financing

Section 10. Rule-making Power

Section 11. Effective Date of Article



Article Vill - General Provisions

Section 1. Municipalities

Section 2. Referendum on Municipalities

Section 3. Nondiscriminatory Municipal Legislation

Section 4. Imposition and Collection of Taxes

Section 5. Extra Compensation for Services; Extension of Term or Decrease

of Salary of Public Officer, Salary for More Than One Office

Section 6. Militia

Section 7. Flag, Seal and Anthem



Article Vill - General Provisions (cont.)

Section 8. Regional Cooperation



Article IX - Constitutional Revision

Section 1. Constitutional Amendment

Section 2. Constitutional Convention

Section 3. Constitutional Initiative

Section 4. Restrictions on Amendment



Article X - Transitory Provisions and Effective Date

Section 1. Preservation of Existing Laws

Section 2. Officers

Section 3. Supplemental Legislation

Section 4. First Elections

Section 5. Effective Date



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CONSTITUTION OF THE TERRITORY

of the

UNITED STATES VIRGIN ISLANDS



aekakke



Preamble



We, the people of the United States Virgin Islands reaffirm our adherence to the

Constitution of the United States, and in order to achieve full liberty and social equality

on a democratic basis, to establish a government responsive to the people, to promote

the general welfare, and to secure the complete fulfillment of human rights, do hereby

ordain and establish the Constitution for the Territory which, in the exercise of our

rights, we now create within our union with the United States of America. In so doing,

we declare and affirm that all men are born equally free and independent and have

certain inherent and indefeasible rights, among which are those of enjoying and

defending life and liberty, of acquiring, possessing and protecting property and

reputation, and of pursuing their own happiness.



We understand that the democratic system of government is one in which the

will of the people is the source of public power; the political order is subordinate to the

rights of man; and the free and unrestrained participation of the citizen in collective

decisions is assured.



We recognize and accept our pluralistic society with its multicultural pattern as

our heritage, and we are dedicated to continue our peaceful way of life in which

individual human values are above and beyond racial differences, social position and

economic interest;



We hereby covenant and pray to establish our Territory as an example of



democracy at work in the Caribbean and as a Cultural bridge for all the peoples of the

world.



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ARTICLE |



THE TERRITORY



Section 1. Ihe Territory. The Virgin Islands of the United States are hereby

constituted as the Territory of the United States Virgin islands, hereinafter referred to

as the “Territory”. The Territory's power emanates from the people and is to be

exercised according to their will and pursuant to this Constitution, and in accordance

with the compact agreed upon by the people of the Virgin Islands and the United

States of America, as set out in the Virgin Islands Federal Relations Act.



Section 2. Eorm of Government. The Government of the Territory shall be

republican in form and subject to the sovereignty of the people. The legislative,

executive and judicial branches are separate and no branch shall exercise powers

properly belonging to another.



Section 3. Political Authority. The political authority of the Territory shall extend

to the Islands of St. Croix, St. John and St. Thomas, and all the other territorial domain,



islands, cays and waters acquired by the United States through cession of the Danish

West Indian Islands under the convention entered into by the United States of America

and His Majesty the King of Denmark on August 4, 4916, and ratified by the United

States Senate on September 7, 1916.



Section 4. Ihe Capital. The capital of the Territory and the seat of Government

shall be Charlotte Amalie, St. Thomas.



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ARTICLE Il



BILL OF RIGHTS



Section 1. Freedom of Religion, Speech, Press, Assembly and Petition. No law

shall be enacted respecting an establishment of religion, or prohibiting the free

exercise thereof, or abridging the freedom of speech or of the press, or the right of the

people peaceably to assemble and to petition the Government for a redress of

grievances.



Section 2. Due Process and Equal Protection. No person shall be deprived of

life, liberty or property without due process of law nor be denied the equal protection of

the laws.



Section 3. Searches and Seizures: Inadmissable Evidence. The right of the

people to be secure in their persons, houses, papers and other possessions against

unreasonable searches and seizures and against invasions of privacy shall not be

violated. No warrant for arrest or search shall issue, but upon probable cause,

supported by oath or affirmation, and particularly describing the place to be searched,

the persons to be arrested or things to be seized. Interception of communications by

eavesdropping devices or other means is prohibited. Evidence obtained in violation of

this section shall be inadmissable in any court against any person.



Section 4. Bi ;



(a) In all criminal prosecutions, the accused shall enjoy the right to a speedy

and public trial, to be informed of his rights and of the nature and cause of the

accusation and to have a copy thereof, to have the assistance of counsel for his

defense and if indigent such assistance at public expense, and to have compulsory

process for obtaining witnesses in his favor and to be confronted with the witnesses

against him.



(b) In all criminal prosecutions where the penalty may be imprisonment for six

months or more the accused shall have the right upon demand to a trial by an impartial

jury.



(c) All persons shall be bailable by sufficient sureties in the case of criminal

offense, except for first degree murder or where the granting of bail would constitute a

hazard to the community. Excessive bail shall not be required, nor excessive fines

imposed, nor cruel or unusual punishment inflicted.



(d) No person shall be twice put in jeopardy of criminal punishment for the

same offense or be compelled to give testimony which might tend to incriminate him.

The failure of an accused to testify shall not be taken into consideration nor

commented upon against him.



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(e) Every accused is presumed innocent until proven guilty by law.



(f) Incarceration prior to trial shall not exceed six months, except that delays

caused by the accused shall not be included in the calculation of this period.



(g) Suspension of civil rights, including the right to vote, shall cease upon

service of the sentence, which shall include any period of probation or parole.



Section 5. Imprisonment for Debt. No person shall be imprisoned or suffer

forced labor for debt. No person shall be imprisoned for failure to pay a fine ina

criminal case unless he has been afforded adequate time to make payments, in

installments if necessary, and has wilfully failed to make payment.



Section 6. Ex Post Facto: Attainder. No ex post facto law or bill of attainder shall

be enacted.



Section 7. Habeas Corpus. All persons shall have the privilege of the writ of

habeas corpus and the same shall not be suspended except in conjunction with a

proclamation of martial law. The writ, when applied for, shall be acted upon without

delay and in the case of indigence shall be free of cost.



Section 8. Eminent Domain: Contracts. No law impairing the obligation of

contracts shall be enacted nor shall private property be taken for public use except

upon payment of just compensation as ascertained in the manner provided by law.



Section 9. Slavery: Involuntary Servitude: Civil Rights. Neither slavery, nor

involuntary servitude shall exist in the Territory except in the latter case aS a

punishment for crime after the accused has been duly convicted.



Section 10. Children. The employment of children under the age of sixteen in

any occupation injurious to health, morals or general welfare, or which places them in

jeopardy of life or limb is prohibited.



Section 11. Human Dignity: Discrimination. The dignity of the human being is

inviolable. All men are equal before the law. No discrimination shall be made on

account of race, color, sex, place of birth, social origin or condition, political or

religious belief. The laws of the Territory and the systems of public education shall

embody these principles of essential human equality.



Section 12. Education. Every person has the right to an education, which shall

be directed toward the full development of the human personality and the

strengthening of respect for human rights and fundamental freedoms. The Territory

shall provide for an efficient system of high quality public educational instruction and

services. Public education through the secondary level shall be free, wholly non-

sectarian and compulsory to the age established by law, except that attendance at an

approved non-public school shall satisfy any compulsory education law.



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Section 13. Labor. Every employee shall have the right to equal pay for equal

work and to protection against risks to his health or person in his work or employment.

All employees shall have the right to organize and bargain collectively, to strike and

picket, and to engage in other concerted activities, except those public employees

engaged in services essential to public health or safety, as determined by law.



Section 14. Public Employment. All citizens shall have the right to seek public

employment in the civil service of the Territory which shall be open to all on the basis

of merit to be determined by competitive examination or other non-discriminatory



methods.



Section 15. Oath or Affirmation. No political or religious tests other than an oath

or affirmation to support the Constitution and the laws of the United States of America

applicable to the Territory and the Constitution and laws of the Virgin Islands, shall be

required as a qualification to any office or public trust under the Government of the

Virgin Islands.



Section 16. Open Beaches. All beaches and shorelines of the Territory, as

defined by law, shall be public and open to public use, provided that the Legislature

shall have the power to enact reasonable regulations concerning the accessibility and

use thereof.



Section 17. Right to Healthful Environment. it shall be the public policy of the

Territory to conserve, develop and use its natural resources in the most effective

manner possible for the general welfare, and to provide and maintain a healthful

environment for the benefit of this and future generations. The Legislature shall

provide by law for the implementation and enforcement of this public policy. Each

person has the right to a healthful environment. Each person may enforce this right

against any party, governmental or private, through appropriate legal proceedings

subject to reasonable limitation and regulation as the Legislature may provide by law.



Section 18. Limit of Interpretation. The foregoing enumeration of rights shall not

be construed restrictively. Nothing enumerated herein shall be construed to deny or

disparage other rights retained by the people. Powers not delegated to the

Government of the Virgin Islands or to the Government of the United States, are

reserved to the people. Nothing contained in the foregoing shall be construed to limit

the power of the Legislature of the Virgin Islands to enact laws for the protection of life,

public health, social welfare and public safety.



253

ARTICLE Ill



SUFFRAGE AND ELECTION



Section 1. Qualifications for Voting. Every citizen of the United States of the age

of eighteen years or over and who is registered to vote in the Territory shall have the

right to vote in the election of all officers that may be elected by the people and upon

all questions that may be submitted to the voters; but the Legislature may by law

establish minimum periods of residence and disqualifications for voting for mental

incompetency or conviction of felony. No property, language, literacy or income

qualifications shall ever be imposed upon or required of any voter, nor shall any

discrimination in qualification be made or based upon difference in race, color, sex,

religious or political belief.



Section 2. Election Procedure. The Legislature shall by law define residence for

voting purposes, insure secrecy in voting, and provide for the registration of voters,

absentee voting, the administration of elections and the nomination of candidates.



Section 3. Appointment of Electoral Officers. All officers and employees

charged with the duty of directing the administration of the electoral system of the



Territory and its representative districts shall be appointed or elected as provided by

law.



Section 4. General Elections. A general election shall be held on the Tuesday

following the first Monday in November in the year 1974, and on the same day every

other year thereafter.



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ARTICLE IV



THE LEGISLATURE



Section 1. Designation and Unicameral Character. The legislative power and

authority of the Territory is vested in a legislature, consisting of one house, to be

designated the “Legislature of the Virgin Islands’, herein referred to as the

“Legislature.”



Section 2. Composition and Apportionment. The Legislature shall be composed

of fifteen members to be known as Senators. The apportionment of the Legislature

shall be as provided by law: Provided, that such apportionment shall not deny to any

person in the Territory the equal protection of the law; and, provided further, that every

voter in any district election or at large election shall be permitted to vote for the whole

number of persons to be elected in that district or at large election, as the case may be;

and, provided further, that the Legislature shall be re-apportioned at least every ten

years, beginning with the year 1980.



Section 3. Terms of Office. The term of office of each member of the Legislature

shall be two years. The term of office of each member shall commence on the first

Monday of January immediately following the date of the general election in which he

shall have been elected.



Section 4. Qualifications of Members. In order to be eligible for membership in

the Legislature, a person shall be a citizen of the United States, at least twenty-one

years of age, a qualified voter, a bona fide resident of the Territory for at least five years

next preceding the date of his election and a bona fide resident of the legislative

district for at least two years next preceding the date of his election in case of a district

candidate. Federal employees and persons employed in the Legislative, executive or

judicial branches of the Territory shall not be eligible for membership in the Legislature

while so employed.



Section 5. Immunity of Members. No member of the Legislature shall be held to

answer before any tribunal other than the Legislature for any words used in any

proceedings of the Legislature and the members shall in all cases, except treason,

felony, or breach of the peace, be privileged from arrest during their attendance at the



sessions of the Legislature and in going to and returning from the same.



Section 6. Compensation and Allowances. Each member of the Legislature

shall be paid such compensation and shall receive such additional allowances or



benefits as may be fixed by law. No law increasing the compensation to be paid to

members of the Legislature shall become effective during the term of the Legislature

enacting such law.



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Section 7. Limitations on Holding Other Office. No member of the Legislature

shall be appointed during the term for which he was elected, or during one year after

the expiration of such term to any office which has been created by the Legislature, or

the salary or emoluments of which have increased.



Section 8. Organization and Pr re. The Legislature shall be the sole judge

of the election and qualifications of its members, shall have and exercise all the

authority and attributes inherent in legislative assemblies and shall have the power to

institute and conduct investigations, issue subpoena of witnesses and other parties

concerned, and administer oaths. With the concurrence of three-fourths of the total

number of members of which it is composed, the Legislature may expel any member

for the causes established in Section 17 of this Article, authorizing impeachments.



Section 9. Vacancies. If prior to the twelve months immediately preceding the

date of the next general election, a vacancy occurs in the office of a member of the

Legislature, the Governor shall call a special election in said district, or at large, as the

case may be, within thirty days following the day on which the vacancy Occurs. This

election shall be held no later than sixty days after the call, and the person elected

shall hold office for the rest of the unexpired term of his predecessor. When the :

vacancy occurs within twelve months prior to the general election, the President of the :

Legislature, upon the written recommendation of the Territorial Committee of the

political party of which the previous office holder was a candidate, shall appoint the

person so recommended, Provided, however, that if the previous office holder was not

the candidate of a political party as defined by law, the Legislature by a two-thirds

majority vote of its members shall elect a person from said district, or at large, as the

case may be, to fill the vacancy.



Section 10. Regular and Special Sessions.



(a) The Legislature shall be deemed a continuous body during the term of |

which its members are elected and shall meet in regular session each year t

commencing on the second Monday in January unless otherwise prescribed by law.



Sessions of the Legislature shall be held in the capital of the Territory and all sessions

shall be open to the public.



(b) The Governor may convene a special session of the Legislature at any time

when, in his opinion, the public interest may require it, and he shall convene a special

session upon the petition of two-thirds of the members of the Legislature. The call of a

special session shall precede the convening thereof by not less than forty-eight hours,

except when the Governor shall first declare a state of emergency. No proposed

legislation or other legislative business shall be considered at any special session

other than that specified in the call therefor.



Section 11. Scope of Legislative Authority: Limitation of Enactments. The

legislative authority and power of the Territory shall extend to all rightful subjects of

legislation not inconsistent with this Constitution or the laws of the United States made



256

applicable to the Virgin Islands, but no law shall be enacted which would impair rights

existing or arising by virtue of any treaty or international agreement entered into by the

United States.



Section 12. Quorum and Method of Voting on Bills. The quorum of the

Legislature shall consist of eight of its members. No bill shall become law unless it

shall have been passed at a meeting, at which a quorum was present, by the

affirmative vote of a majority of the members present and voting, which vote shall be by

yeas and nays.



Section 13. Enacting Clause of Acts. The enacting clause of all acts shall be as

follows: “Be it enacted by the Legislature of the Territory of the United States Virgin

Islands.”



Section 14. Approval and Disapproval of Bills. Every bill passed by the

Legislature shall, before it becomes a law, be presented to the Governor. If the

Governor approves the bill, he shall sign it. If the Governor disapproves the bill, he

shall, except as hereinafter provided, return it, with his objections, to the Legislature

within ten days (Sundays and holidays excepted) after it shall have been presented to

him. If the Governor does not return the bill within such period, it shall be a law in like

manner as if he had signed it, unless the Legislature by adjournment sine die prevents

its return, in which case it shall be a law if signed by the Governor within thirty days

after it shall have been presented to him; otherwise it shall not be a law. When a bill is

returned by the Governor to the Legislature with his objections, the Legislature shall

enter his objections at large on its journal and, upon motion of a member of the

Legislature, proceed to reconsider the bill. If after such reconsideration, which shall

take place within a period of not more than twelve months, two-thirds of all the

members of the Legislature pass the bill, it shall be a law.



Section 15. Item Veto Power. The Governor shall have the power to disapprove

any distinct item or items of any bill making appropriations of money while at the same

time approving the remainder of the bill: Provided, that no qualifications or restrictions

shall be vetoed without vetoing the appropriation to which it relates. The part or parts

of the bill so approved shall become effective and the item or items of appropriations

so disapproved shall not take effect unless the same are separately reconsidered and

repassed in accordance with the requirements prescribed for the passage of bills over

the executive veto. In cases in which the Governor shall exercise this power he shall

append to the bill at the time of signing it a statement of the item or items disapproved,

together with his reasons for disapproval, and transmit the bill to the Legislature.



Section 16. Journal of Proceedings: Contents. No bill shall be passed unless it

has been printed, and read. The Legislature shall keep a journal of its proceedings

and of the yeas and nays on every bill passed, and on any question before the

Legislature. The journal shall be published not later than thirty days after the close ofa

meeting of the Legislature.



257

Section 17. Impeachment. The Legislature may impeach the Governor,

Lieutenant Governor, Comptroller, the heads of principal executive departments,

judicial officers and such other officers of the Territory as may be made subject to

impeachment by law, by a three-fourths vote of all the members, and shall provide by

law procedures for the trial and removal from office, after conviction, of officers so

impeached. No officer shall be convicted on impeachment by vote of less than two-

thirds of the members of the tribunal hearing the charges. Judgment shall be limited to

removal from office. An impeached officer, whether convicted or acquitted, shall be

liable to prosecution, trial, judgment and punishment according to law.



Section 18. State of Emergency: Relocation of Government. In case of invasion,

rebellion, epidemic or any other event giving rise to a state of emergency, the

Governor may call the Legislature to meet in a place other than the capital, subject to

the approval of the Legislature. Under the same conditions, the Governor may, during

the period of emergency order the Government, its agencies and instrumentalities to

be moved temporarily to a place other than the seat of the Government.



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PUR RR SRS

sinatra bade Re aP HA TORE

ARTICLE V



THE EXECUTIVE



Section 1. Executive Power. The executive power of the Territory is vested in

the Governor.



Section 2. Lieutenant Governor. The Lieutenant Governor shall perform such

duties as may be assigned to him by the Governor and such other duties as prescribed

by law.



Section 3. Qualifications of Governor and Lieutenant Governor. No person shall

be eligible for election to the office of Governor or Lieutenant Governor unless he is an

eligible voter; was born in the United States Virgin Islands or has been a citizen of the

United States and a bona fide resident of the Territory for ten consecutive years

immediately preceding his election; and will be, at the time of taking office, at least

thirty years of age.



Section 4. Election of Governor and Lieutenant Governor. The Governor,

together with the Lieutenant Governor, shall be elected by a plurality of not less than

forty percent of the votes cast by the people who are qualified to vote for the members

of the Legislature.The Governor and Lieutenant Governor shall be chosen jointly, by

the casting by each voter of a single vote applicable to both officers. If no candidates

receive the required piurality of the votes cast in any election, on the fourteenth day

thereafter a runoff election shall be held between the candidates for Governor and

Lieutenant Governor receiving the highest and second highest numbers of votes cast.

The Governor and Lieutenant Governor shall be elected, at the general election every

other even numbered year for a term of four years and until their successors are

elected and qualified, which term shall commence on the first Monday of January

following the date of election.



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Section 5. Limitation on Successive Terms No person who has been elected

Governor for two full successive terms shall be again eligible to hold that office or the

office of Lieutenant Governor until one full term has intervened.



Section 6. Limitation on Holding Other Office. The Governor and Lieutenant

Governor shall devote full time to their executive duties. During their term of office they



shall not practice a trade or profession, nor hold any other position of profit or public

Office unless authorized by law. .



Section 7. Supervision of Executive Branch. The Governor shall exercise

general supervision and control over the executive branch of the Government and he

shall be responsible for the faithful execution of the laws of the Territory.



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Section 8. Appointive Powers. The Governor shall appoint, and may remove, all

officers and employees of the executive branch except those in the civil service or

where otherwise provided by law. The heads of all executive departments shall be

appointed by the Governor with the advice and consent of the Legislature.



Each executive department head shall hold office during the continuance in office of

the Governor by whom he is appointed and until his successor is appointed and

qualified unless sooner removed by the Governor on his own authority.



Section 9. Executive Clemency. The Governor shall have the power to grant

reprieves, commutations and pardons, except in cases of conviction on impeachment,

and to remit fines and forfeitures against the laws of the Territory. He shall report to the

Legislature in writing, at least annually, of instances of the exercise of this power.



Section 10. Executive Orders. The Governor shall have the power to issue

executive orders not in conflict with any applicable law. He shall furnish each member

of the Legislature a certified copy of every executive order within ten days from the

date of its issuance.



Section 11. Civil Disorders. In the event of disasters, invasions, insurrections,

rebellions, or imminent danger thereof, the Governor may call out the militia or request

assistance of the senior military or naval commander of the Armed Forces of the

United States in the Virgin Islands or Puerto Rico.



Section 12. Martial Law. The Governor may, in the case of rebellion or invasion

or imminent danger thereof, when the public safety requires it, proclaim the Virgin

Islands to be under martial law. In such event, the members of the Legislature shall

meet forthwith on their own initiative and may, by a two-thirds vote of all the members,

revoke such proclamation then or at any time during its continuance. .



Section 13. Removal of Governor Referendum. The Governor may be

removed from office by a referendum election in which at least two-thirds of the

number of persons voting for Governor in the last preceding general election at which

a Governor was elected vote in favor of recall and in which those so voting constitute a

majority of all those participating in the referendum election. Such referendum election

shall be initiated by the Legislature of the Virgin Islands following (a) a two-thirds vote

of the members of the Legislature in favor of a referendum, or (b) a petition for such

referendum to the Legislature by registered voters equal in number to at least forty per

cent of the whole number of votes cast for Governor at the last general election at

which a Governor was elected preceding the filing of the petition.



Section 14. vernor’s Temporary Disabili rA nce. In case of the



temporary disability or temporary absence of the Governor from the Virgin Islands the

Lieutenant Governor shall have the powers of the Governor.



Section 15. Permanent Vacancy or Disability. In the case of a permanent

vacancy in the office of Governor, arising by reason of the death, resignation, removal



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by recall or conviction on impeachment, or permanent disability of the Governor, or the

death, or resignation, or permanent disability of a Governor-elect, or for any other

reason, the Lieutenant Governor or Lieutenant Governor-elect shall become Governor

to hold office for the unexpired term and until he or his successor shall have been duly

elected and qualified at the next regular election for Governor.



Section 16. Temporary Absence or Disability of Lieutenant Governor In the



case of the temporary disability or temporary absence of the Lieutenant Governor from

the Virgin Islands or during any period when the Lieutenant Governor is acting as

Governor, the Governor or upon his failure to do so, the Lieutenant Governor, shall

designate the head of one of the executive departments as Acting Governor.



Section 17. Permanent Vacancy in Offi f_Li nan vernor. In case of a

permanent vacancy in the office of the Lieutenant Governor, arising by reason of the

death, resignation, conviction on impeachment, or permanent disability of the

Lieutenant Governor or because the Lieutenant Governor or the Lieutenant Governor-

elect has succeeded to the office of Governor, the Governor shall appoint a new

Lieutenant Governor, with the advice and consent of the Legislature, to hold office for

the unexpired term and until he or his successor shall have been duly elected and

qualified at the next regular election for Lieutenant Governor.



Section 18. Permanent Vacancy in Office of Governor and Lieutenant Governor.

In case of permanent vacancies in the offices of both the Governor and Lieutenant

Governor, the President of the Legislature shall vacate his office and he shall succeed

to the office of Governor to hold that office for the unexpired term and until he or his

successor shall have been duly elected and qualified at the next regular election for

Governor; Provided, however, that should such vacancies occur prior to one year next

preceding the succeeding general election, a special election shall be held to fill the

offices of Governor and Lieutenant Governor within sixty days from the date such

vacancies occur. In the event a special election is required, the President of the

Legislature shall issue a call for such election and he shall serve as the Acting

Governor until a Governor and Lieutenant Governor are elected and qualified.



Section 19. State of Territory Message, The Governor shall render annually to



the Legislature a report which shall constitute his State of the Territory message to the

Legislature and to the Congress of the United States.



Section 20. Recommended Legislation. The Governor may recommend bills to

the Legislature at anytime and give expression to his views on any matter before the

Legislature.



Section 21. Executive Departments. All executive and administrative offices,

agencies, and instrumentalities of the Government, and their respective functions,

Powers, and duties, shall be allocated by law among and within executive

departments, so as to group them as far as practicable according to major purposes,

except for independent bodies whose existence may be required by Federal law for



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participation in Federal programs and regulatory, quasi-judicial and temporary

agencies established by law, which may, but need not be allocated to an executive

department. The Legislature shall by law prescribe the functions, powers and duties of

the principal department and of all other agencies of the Territory and may from time to

time reallocate offices, agencies and instrumentalities among the executive

departments, may increase, modify, diminish or change their functions, powers and

duties and may assign new functions, powers and duties to them; but the Governor

may make such changes in the allocation of offices, agencies and instrumentalities,

and in the allocation of such functions, powers and duties, as he considers necessary

for efficient administration. If such changes affect existing law, they shall be set forth in

executive orders, which shall be submitted to the Legislature while in session, and

shall become effective, and shall have the force of law sixty days after submission, or

at the close of the session, whichever is sooner, unless modified or disapproved by a

resolution concurred in by a majority of all the members of the Legislature.



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ARTICLE VI



~ FINANCE AND TAXATION



Section 1. Power of Taxation: Power to Contract Debts The power of the



_ Government of the Territory to impose and collect taxes, not inconsistent with Federal

“statutes, shall be exercised as determined by the Legislature. The power of the



Government to contract and to authorize the contracting of debts shall be exercised as



determined by law consistent with this Constitution.



Section 2. Uniform Taxation, No assessment nor any exemption therefrom with

respect to any tax imposed by the Territory or any governmental unit thereof shall be

made except pursuant to uniform rules within classes or subclasses of taxpayers,



- property or events as may be provided by law.



Section 3. Limitation on appropriation. The appropriations made for any fiscal

year shall not exceed the total revenues, including available surplus, estimated for

said fiscal year unless the imposition of taxes sufficient to cover such appropriations is

provided by law. The general appropriation act shall contain only appropriations and

rules for their disbursement.



Section 4. Failure to Make Appropriations. lf at the end of any fiscal year the

appropriations necessary for the ordinary operating expenses of the Government and

for the payment of interest on and amortization of the public debt for the ensuing fiscal

year shall not have been made, the several sums appropriated in the last

appropriation Acts for the objects and purposes therein specified, so far as the same

may be applicable, shall continue in effect item by item, and the Governor shall

authorize the payments necessary for such purposes until corresponding

appropriations are made.



Section 5. Use of Public Property. Public funds, property or credit shall be used

only for public purposes and pursuant to law.



Section 6. Government Bonds.



(a) The Legislature may cause to be issued, bonds or other obligations for

public improvements or public undertaking authorized by law, which shall be payable

solely from the revenues directly derived from and attributable to such public

improvements, public undertaking, or other project, and shall be sold at public sale.

Bonds or other obligations issued pursuant to this subsection shall under no

circumstances constitute a general obligation of the Territory.



(b) The Legislature may cause to be issued such negotiable general

Obligations, bonds or other evidence of indebtedness as it may deem necessary OF



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advisable to construct, improve, extend, better, repair, reconstruct, acquire, and equip

hospitals, schools, libraries, gymnasia, athletic fields, sewers, sewage-disposal plants

and water systems: (Provided, That no public indebtedness shall be incurred in excess

of twenty per centum of the aggregate assessed valuation of the taxable real property

in the Territory). All such bonds or other obligations shall be sold for not less than the

principal amount thereof plus accrued interest and the proceeds thereof shall be

expended only for the public improvements set forth in this subsection or for the

reduction of the debt created by such bond issue or obligation.



(c) Bonds or other obligations issued pursuant to subsections (a) and (b) of this

section may bear such date or dates, may be in such denominations, may mature in

such amounts and at such time or times, not exceeding thirty years from the date

thereof, may be payable at such place or places, may be redeemable (either with or

without premium) or nonredeemable, may carry such registration privileges as to

either principal or interest, or principal only, and may be executed by such officers and

in such manner as shall be prescribed by law. In case the officers whose signatures

appear on the bonds or coupons shall cease to be such officers before the delivery of

such bonds, such signature, whether manual or facsimile shall, nevertheless, be valid

and sufficient for all purposes, the same as if such officers had remained in office until

such delivery. The bonds so issued shall bear interest at a rate not to exceed that

specified by law, payable semiannually.



Section 7. Systems of Account. The Governor shall establish and maintain

systems of accounting and internal control designed to provide:



(1) Full disclosure of the financial results of the Government's activities;



(2) Adequate financial information needed for the Government’s management

purposes;



(3) Effective control over and accountability for all funds, property, and other

assets for which the Government is responsible, including appropriate

internal audit; and



(4) Reliable accounting results to serve as the basis for the Governors

executive budget request to the Legislature, and for controlling the

execution of the executive budget.



Section 8. Executive Budget. The Governor shall prepare and submit to the

Legislature, at a time prescribed by law, an executive budget for the ensuing fiscal

year. The budget shall set forth the estimated balance of funds available for

appropriation at the beginning of the fiscal year, the estimated receipts, and a plan for

expenditures and obligations during the fiscal year for every department, authority,

public corporation and quasi-public corporation of the Territory, the College of the

Virgin Islands, and every public agency created by the Territory. The budget shall also

set forth the indebtedness and contingent liabilities of the Territory and such other



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information as may be required by law.



Section 9. Comptroller. The Governor shall appoint a Comptroller with the

advice and consent of two-thirds majority of the members of the Legislature sitting in

formal session. The Comptroller shall meet the requirements prescribed by law and

shall hold office for a term of five years and until his successor has been appointed

and qualified. The Comptroller shall audit all the revenues, accounts and expenditures

of the Government, its agencies and authorities, in order to determine whether they

have been made in accordance with law. He shall render annual reports and any

special reports that may be required of him by the Legislature or by the Governor. All

reports of the Comptroller shall be submitted to the Governor and the Legislature. The

Comptroller's annual report shall be a public document.



In the performance of his duties the Comptroller shall be authorized to

administer oaths, take evidence and compel, under pain of contempt, the attendance

of witnesses and the production of books, letters, documents, papers, records and all

other articles deemed essential to a full understanding of the matter under

investigation.



The Comptroller may be removed from office for cause and pursuant to the

procedure established by Section 17 of Article IV of this Constitution.



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ARTICLE VII



THE JUDICIARY



Section 1. Judicial Power. The judicial power of the Territory shall be vested in

a unified judicial system, which shall include a Superior Court and such other court or

courts of lesser jurisdiction or limited jurisdiction as may have been or may hereafter

be established by law. Courts of lesser jurisdiction may be divided into geographical

departments or districts as provided by law and into functional divisions and

subdivisions as provided by law or by judicial rules not inconsistent with law.



Section 2. Superior Court. The Superior Court shall be the highest court of the



Territory and shall consist of a chief judge and such associate judges as may be

provided by law.



Section 3. Jurisdiction of Courts. The Superior Court shall have general original

jurisdiction in all causes in the Territory, except causes arising under the Constitution,

treaties and laws of the United States or except where otherwise provided by law. The

Superior Court may on motion of any party, when it is in the interest of justice of do so,

transfer to the Superior Court any action or proceeding brought in a court of lesser

jurisdiction and the Superior Court shall have jurisdiction to hear and determine such

action or proceeding. The Superior Court shall also have appellate jurisdiction to



review the judgments and orders of the lesser courts of the Territory to the extent now

or hereafter provided by law.



Section 4. Appointment of Judges. The Governor with the advice and consent of

the Legislature shall appoint the chief judge and associate judges of the Superior

Court and all other courts of lesser jurisdiction. The Governor shall give ten days’



public notice before making an interim appointment when the Legislature is not in

session.



Section 5. Qualifications of Judges. No person shall be eligible for judicial office

unless he is a citizen of the United States, shall have been admitted to the practice of

law in the Territory at least ten years prior to his appointment, and shall have resided in

the Territory at least five years immediately prior thereto. No person who holds a

judicial office in the Territory shall hold any other paid office, position of profit or

employment under the Territory of the United States. Any judge who becomes a

candidate for an elective office shall thereby forfeit his judicial office.



Section 6. Terms of Office. The Judges of the Superior Court shall hold their

offices for initial terms of seven years and upon reappointment shall hold their offices

during good behavior. They shall be retired upon attaining the age of seventy years

and shall be pensioned as may be provided by law. The chief judge of the Superior ~

Court may from time to time appoint retired judges to such special assignments’as may



266

be provided by the rules of the Superior Court. The judges of the lesser courts shall

hold their offices for such terms as provided by the Legislature.



Section 7. Removal From Office. The judges of the Superior Court shall be

subject to impeachment and any such judge impeached shall not exercise his office

until acquitted. The Superior Court may also remove judges of the courts of lesser

jurisdiction for such cause and in such manner as may be provided by law.



Section 8. Administration. The chief judge of the Superior Court shall be the

administrative head of the unified judicial system. The Superior Court shall appoint an

administrator of the courts to serve at the pleasure of the chief judge and to supervise

the administrative operation of the judicial system.



Section 9. Financing. The chief judge of the Superior Court shall submit to the

Legislature an annual consolidated budget for the entire unified judicial system and

the total cost of the systems shall be paid by the Territory.



Section 10. Rule-making Power. The Superior Court shall make and

promulgate rules governing the administration of all courts. It shall make and

promulgate rules governing practice and procedure in civil and criminal cases in all

courts. Rules pertaining to practice and procedure may be changed by the Legislature

by a two-thirds vote of all the members.



Section 11. Effective Date of Article. This Article shall not take effect upon the

effective date of this Constitution, but shall take effect on a date prescribed by law.



267

ARTICLE VIII

GENERAL PROVISIONS



Section 1. Municipalities. The Legislature shall have the power to create,

abolish, consolidate and reorganize municipalities; to change their territorial limits, to

determine their organization and functions; and to authorize them to develop programs

for the general welfare and to create any agencies necessary for that purpose.



Section 2. Referendum on Municipalities. No law creating or abolishing a



municipality, or consolidating municipalities shall take effect until ratified in a

referendum or referenda by a majority of the qualified electors resident therein and

voting thereon. The referendum shall be conducted in the manner determined by law,

which shall include the applicable procedures of the election laws in effect when the

referendum is held.



Section 3. Nondiscriminatory. Municipal Legislation. No law creating or

abolishing a municipality, or consolidating municipalities shall unreasonably

discriminate against, nor deny due process or equal protection of the law to the people

of any municipality or locality within the Territory.



Section 4. Imposition an llection of Taxes, The power of the Territory to

impose and collect taxes and to authorize their imposition and collection by

municipalities shall be exercised as determined by the Legislature and shall never be

surrendered or suspended.



Section 5. Extra Compensation for Services: Extension of Term or Decrease of

Salary of Public Officer; Salary for More Than One Office. No law shall give extra

compensation to any public officer, employee, agent or contractor after services shall

have been rendered or contract made. No law shall extend the term of any public

officer or diminish his salary or emoluments after his election or appointment. No

person shall draw a salary for more than one office or position in the Government.



Section 6. Militia. The militia of the Territory consists of all able-bodied persons

residing in the Territory except those exempted by law. The military shall be in strict

subordination to the civil authority. The Legislature shall provide by law for the

organization, equipment and discipline of the militia in conformity with the laws

governing the armed forces of the United States. The Governor shall be the

commander-in-chief of the organized militia, except when they are in the service of the

United States.



Section 7. Flag, Seal and Anthem. The Legislature shall determine all matters

concerning the flag, the seal, the anthem and the flower of the Territory. Once



determined, no law changing them shall take effect until one year after the general

election next following the date of enactment of said law.



268

Section 8. Regional Cooperation. Recognizing the important role of the Territory



in Caribbean region

the Legislature shall

the public interest of



al cooperation in matters of common interest, the Governor and

initiate and promote regional cooperation in all matters that serve

the people of the Territory.



269

ARTICLE IX



CONSTITUTIONAL REVISION



Section 1. Constitutional Amendment. An amendment to this Constitution may

be proposed either by the affirmative vote of not less than two-thirds of all the members

of the Legislature or by the affirmative vote of a majority of all the members of a

constitutional convention. Any proposed amendment shall be submitted to the voters

of the Territory at a special or general election as determined by the Legislature or by a

constitutional convention, whichever proposes the amendment. Notice of the election

shall be given as the Legislature shall prescribe by law. Unless otherwise provided,

the amendment shall become effective thirty days after approval by the vote of a

majority of those voting on the amendment.



Section 2. Constitutional Convention. The Legislature, by law, no more than

once in five years, may cali a constitutional convention or may submit the question of

whether a constitutional convention should be called to the voters of the Territory. If a

constitutional convention shall not have been called, or if the question of calling a

constitutional convention shall not have been submitted to the voters of the Territory,

for a period of twenty years, then the question shall be submitted at the next general

election following the expiration of such twenty-year period. A constitutional

convention shall be held within two years after a majority of those voting on the

question approve the calling of a convention or within two years after the Legislature

calls a convention. Within sixty days after the Legislature calls a convention, the

Governor shall appoint a commission to prepare for the convention. Not later than the

second regular session following the approval, the Legislature shall prescribe by law

the manner for electing delegates by the qualified voters of the Territory, for filling

vacancies in the position of delegate and for assembling the convention, and shall

appropriate sufficient funds for the work of the convention. The convention shall adopt

its own rules of procedure. Any proposal recommended by the convention for

changing this Constitution shall be submitted to the voters of the Territory for adoption

and shall be effective only if approved by a majority of those voting on the proposal.



Section 3. Constitutional Initiative. An amendment to this Constitution may be

proposed to the Legislature by means of an initiative petition signed by not less than

ten per centum of the qualified voters of the Territory. If the Legislature approves the

proposed Constitutional amendment by a vote of not less than two-thirds of its

members, the proposed amendment shall then be submitted to the voters of the

Territory at a special or general election, as may be determined by the Legislature. If

the Legislature rejects, fails to act upon or substitutes another amendment for the

‘amendment proposed through an initiative petition, then the amendment so proposed

through the initiative petition shall be submitted to the voters of the Territory at the next

general election following such inaction, substitution and revision by the Legislature.



270

Section 4. Restrictions on Amendment. Any amendment or revision of this

Constitution shall maintain the principles of a republican form of government, and shall

be consistent with the Virgin Islands Federal Relations Act and the applicable



provisions of the Constitution of the United States.



271