Omar Bennett
The U.S. Virgin Islands are an unincorporated territory of the United States and do not have their own constitution. While the U.S. Constitution is the supreme law of the U.S., not all federal laws apply to the U.S. Virgin Islands. The main governing document of the U.S. Virgin Islands is the Revised Organic Act of the Virgin Islands, passed by the U.S. Congress in 1954. In 2009, the Fifth Constitutional Convention of the U.S. Virgin Islands proposed a constitution, but it was not approved due to concerns about its failure to recognize U.S. sovereignty and its granting of legal advantages to people of local ancestry or birth. In 2020, voters approved a referendum directing the Legislature of the U.S. Virgin Islands to convene a constitutional convention to adopt all or part of the Revised Organic Act as their constitution.
| Characteristics | Values |
|---|---|
| Does the US Constitution apply to the US Virgin Islands? | Yes, the US Constitution is the supreme law of the US Virgin Islands. |
| Does the US Virgin Islands have its own constitution? | No, but a proposed constitution was submitted to Congress in 2010. |
| What is the main governing document of the US Virgin Islands? | The Revised Organic Act of the Virgin Islands, passed by the US Congress in 1954. |
| What other laws apply to the US Virgin Islands? | Laws passed by the Legislature of the Virgin Islands and periodically codified in the US Code. |
| Has the US Virgin Islands ever held a constitutional convention? | Yes, the Fifth Constitutional Convention of the US Virgin Islands proposed a constitution in 2009. |
| What were the objections to the proposed constitution? | Failure to recognize US sovereignty, granting legal advantages to people of local ancestry or birth, and imprecise wording in the bill of rights. |
| What is the status of the US Virgin Islands in relation to the US? | The US Virgin Islands are an unincorporated territory of the US. |
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What You'll Learn
- The US Virgin Islands is an unincorporated territory of the US
- The US Constitution is the supreme law of the US
- The US Virgin Islands do not have their own constitution
- The US Virgin Islands are governed by the Revised Organic Act of 1954
- The US Virgin Islands have held several constitutional conventions
The US Virgin Islands is an unincorporated territory of the US
The US Virgin Islands, officially the Virgin Islands of the United States, are a group of Caribbean islands and an unincorporated territory of the United States. The islands are geographically part of the Virgin Islands archipelago, located in the Leeward Islands of the Lesser Antilles. The US Virgin Islands consist of the main islands of Saint Croix, Saint John, and Saint Thomas, and about 50 other minor surrounding islands and cays. The territory has a total land area of 133.73 square miles (346.36 square kilometres).
The US Virgin Islands were originally inhabited by the Ciboney and Arawaks, with some scholars believing that the islands were inhabited as early as 1000 BC. The Kalinago (Island Caribs) arrived around the mid-15th century AD, and Christopher Columbus is thought to have been the first European to see the islands in 1493, giving them their current name. The islands were previously known as the Danish West Indies of the Kingdom of Denmark–Norway (from 1754 to 1814) and the independent Kingdom of Denmark (from 1814 to 1917).
The United States purchased the islands from Denmark for $25 million in 1917, mainly for strategic reasons to assure tranquility in the Caribbean. US citizenship was granted to many inhabitants of the islands in 1927 and 1932. The 1936 Organic Act and the 1954 Revised Organic Act established the local government, with the latter serving as the main governing document of the US Virgin Islands.
The US Virgin Islands elect a delegate who can participate in debates in the House of Representatives but cannot vote. The territory's economy is primarily based on tourism and services, with rum distilling traditionally being the primary industry. The territory has also diversified into petroleum refining, watch assembly, and the manufacture of chemicals, pharmaceuticals, and clothing. The US Virgin Islands have faced challenges due to their limited domestic energy sources, and they have been impacted by several hurricanes, including Hugo in 1989 and Marilyn in 1995, resulting in significant economic damage.
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The US Constitution is the supreme law of the US
The US Constitution has been made applicable to the Virgin Islands by the Revised Organic Act. The Fourteenth Amendment's Equal Protection Clause, for example, generally requires that legislative classifications be rationally related to a legitimate government purpose. However, the US Virgin Islands legislature's attempts to regulate access to education, housing, and other areas for new residents were overturned by US courts and equal protection laws.
The Fifth Constitutional Convention of the US Virgin Islands proposed a constitution in 2009, which was submitted to the US Congress in 2010. This proposed constitution did not affect the Virgin Islands' status as a Non-Self-Governing Territory, but it did seek to organize existing internal governance arrangements. Objections to the proposal included the failure to expressly recognize US sovereignty, the granting of legal advantages to people of local ancestry or birth, and imprecise wording in parts of the bill of rights.
In 2020, voters approved a referendum directing the Legislature of the US Virgin Islands to convene a constitutional convention to adopt all or part of the Revised Organic Act as its constitution. This convention has yet to adopt a constitution.
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The US Virgin Islands do not have their own constitution
The US Virgin Islands are an unincorporated territory of the United States. While the US Constitution applies to the US Virgin Islands, the islands do not have their own constitution. The main governing document of the US Virgin Islands is the Revised Organic Act of the Virgin Islands, which was passed by the US Congress in 1954. Other laws in the Virgin Islands are passed by the Legislature of the Virgin Islands and periodically codified in the US Code.
The US Virgin Islands and Guam are the only two US jurisdictions not governed by a constitution written by their people. Instead, they are governed by an organic act written by Congress. The Fifth Constitutional Convention of the US Virgin Islands proposed a constitution for the islands in May 2009. This was submitted to the US Congress in March 2010. However, the proposed constitution was not approved due to several objections, including its failure to expressly recognize US sovereignty and its granting of legal advantages to people of local ancestry or birth.
The people of the Virgin Islands have expressed their desire to have their own constitution, as evidenced by their decades-long attempts to secure one. In 1976, Congress enacted legislation authorizing the people of the Virgin Islands to organize a government pursuant to a constitution. Constitutional conventions were elected in 1964, 1971, 1977, and 1980, but a constitution was not adopted. The Fifth Constitutional Convention in 2009 was the fifth attempt to draft a constitution for the islands.
The US Virgin Islands' lack of their own constitution does not affect their status as a Non-Self-Governing Territory, as determined by the United Nations. However, it does highlight the importance of enabling the people of the Virgin Islands to write their own constitution and organize their internal governance arrangements.
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The US Virgin Islands are governed by the Revised Organic Act of 1954
The act also established a court system, with judges appointed by the governor and confirmed by the legislature, as well as a Bill of Rights. The US Virgin Islands do not have their own constitution; instead, they are an unincorporated territory of the United States, subject to many federal laws. The main governing document is the Revised Organic Act, which has been amended several times, including in 1959 and 1982.
The Fifth Constitutional Convention of the US Virgin Islands proposed a constitution in 2009, but it was not adopted due to objections from the US Department of Justice and Congress. One of the objections was that the proposed constitution did not expressly recognize United States sovereignty. The US Virgin Islands government continues to operate under the provisions of the Revised Organic Act of 1954 and the Treaty of the Danish West Indies of 1916.
The Revised Organic Act of 1954 provides for a republican form of government, consisting of three branches: executive, legislative, and judicial. It also deals with local self-government and the establishment of a system of local courts consistent with the Act's provisions. The Act has been amended multiple times to address various issues and changing circumstances in the US Virgin Islands.
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The US Virgin Islands have held several constitutional conventions
The US Virgin Islands do not have their own constitution. The main governing document is the Revised Organic Act of the Virgin Islands, passed by the US Congress in 1954. However, the US Constitution applies to the US Virgin Islands as it is the supreme law of the US.
The Fifth Constitutional Convention of the US Virgin Islands was held in 2009 and proposed a constitution for the territory. The convention was composed of 30 delegates elected by the people of the Virgin Islands. The proposed constitution was submitted to the Virgin Islands Governor, John P. de Jongh, on June 1, 2009, who then forwarded it to US President Barack Obama in December of that year. The proposed constitution was then submitted to the US Congress on March 1, 2010.
However, Congress did not approve the proposed constitution due to several objections, including the failure to expressly recognize US sovereignty and its granting of legal advantages to people of local ancestry or birth. In response, Governor de Jongh signed Act No. 7386 in September 2012, convening the Fifth Revision Convention to address these issues.
In 2020, voters in the US Virgin Islands approved a referendum to call for a Sixth Constitutional Convention. The Legislature passed an Act establishing this convention in 2021, and delegates were elected in November 2024. This sixth convention represents the latest effort by the US Virgin Islands to draft and adopt their own constitution.
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Frequently asked questions
Yes, the US Constitution applies to the US Virgin Islands as the supreme law of the US.
No, the US Virgin Islands do not have their own constitution.
The Revised Organic Act of the Virgin Islands, passed by the US Congress in 1954, is the main governing document of the US Virgin Islands.
Yes, in May 2009, the Fifth Constitutional Convention of the US Virgin Islands proposed a constitution. However, it was not approved due to objections from the US Department of Justice and Congress.
The objections included the failure to recognize US sovereignty, granting legal advantages to people of local ancestry or birth, and imprecise wording in the bill of rights.
