With changing demographics, the Virgin Islands of the United States needs to make it absolutely clear to its residents the territory does not have a Constitution, and it needs one to be ratified. But first, qualified delegates need to run to be seated as Delegates to the 6th Constitutional Convention. That election is set to take place this coming November 5, 2024.
Why is it important that we all pay attention and participate in the election of these delegates? First, it is important to understand that it is the sixth time that the territory will attempt to draft such a document and have it ratified by the Congress of the United States of America. The notion that we presently have a constitution is not true. Having drafted five previous documents does not constitute having an approved document. The final documents must be approved by Congress and by the President of the United States.
Second, the 34th Legislature of the Virgin Islands called for the election of delegates to be elected this year. They can be seated, discuss new clauses or adopt the clauses from the 5th Constitutional Convention that are not in contravention with the applicable laws of the United States Constitution. No state or territory can adopt laws that go against the United States Constitution.
A state or territory that believes it enacts laws that violate the U.S. Constitution should be prepared to change its status to independent. That would mean that all subsidies – meaning funding – and technical support being rendered by the U.S. Government would cease to exist. In other words, we would have to survive on our own with no grants nor appropriations to sustain us.
As a former senator of the Virgin Islands Legislature, I often wondered when we would begin to eliminate the language that pointed “notwithstanding” the established laws of the United States. Locally, we are able to amend the V.I. Code, but established rights are quite another question.
Look around and you will find that many of our ancestral local people no longer reside in the territory. There has been an integration of residents of many nations and cultures in our community. Key controversial language in past constitutional convention drafts disenfranchised these residents. Congress and President Barack Obama rejected our previous draft because of this. Does it make sense that we ensure our next draft eliminates such language? Most definitely.
I understand why some in our community would fight to preserve “native rights.” After all, our neighboring British Virgin Islands have native or “Belonger’s Rights.” But as a U.S. Territory, we are prohibited from enacting such laws.
It has been said by some that serving as a delegate to the upcoming Constitutional Convention is meaningless. This could not be furthest from the truth. In fact, delegates would be privileged to have an esteemed role in history as the crafters of the Virgin Islands Constitution. We would pass laws as any state is now able to do. Even our sister territory of Puerto Rico adopted its Constitution in 1952. We must also see the value of establishing our own Virgin Islands Constitution. It is time.
Whether you are a lawyer, doctor, administrative assistant, former elected official, or a housewife, you are eligible to run as a Delegate to the Constitution as long as you are a legal resident of the Virgin Islands three years preceding the date of election and a qualified voter. This coming November is as critical and important as any other general election. Consider registering to run as a delegate to the next Constitutional Convention and or be sure to vote. Remember, your vote is your voice.
Former Senator Janette Millin Young is a local author and celebrated communications professional.
Wrong, all we need to do is ask Congress to add an amendment process to the organic act like the ones the states have for their constitutions.