Dec. 10, 2007 — The Fifth Constitutional Convention for the Virgin Islands has formed committees to tackle various subject areas and begun scheduling meetings.
The convention has the job of creating a territorial constitution, supplanting federal laws setting up local government.
Funding was a major topic at the conference's first full meeting Dec. 4, held by teleconference from the St. Croix and St. Thomas Education Department curriculum centers. The Legislature has appropriated $100,000 for the Constitutional Convention, and the Office of Management and Budget released $50,000 of that Nov. 29.
The delegates resolved to request $3.2 million from the Legislature to finance travel, staffing and other expenses, said convention President Gerard "Luz" James II In a telephone interview Monday. What the Legislature will do or when it will do it are out of his hands, James said.
"I hope it will be in the near future," he said. "To be practical, we need it at least before the end of January."
A bit more than $100,000 remains from a public-education campaign about the constitution, and the delegates are requesting that money be diverted to the convention as well, James said.
"We were supposed to do some staffing and offices and things of that nature," he said. "But being without funding, without revenue, we cannot do anything. It leaves us pretty much in limbo."
Time may become an issue if funding does not materialize soon, said Delegate Craig Barshinger in a phone interview Monday.
The delegates will have until July 27, 2008, to draft and approve a constitution, according to the legislation creating the Constitutional Convention. But once a document has been created, there are several more potentially time-consuming steps in the process. Once two-thirds of the delegates vote to adopt the document, it will go to the governor’s desk. He will have 60 days to add his comments and forward it to Congress, which has 60 days to look it over. The V.I. delegate to Congress and others may testify, and Congress has the power to add or delete by amendment. If passed, the constitution will go to the president for signing, like any U.S. law.
"A hundred and twenty days is nearly half a year," Barshinger said. "We are pressed for time if the constitution is going to be on the ballot in November. If it is not finalized by March, we may be in trouble."
The delegates decided last week to begin holding committee meetings, but — because of the funding constraints — only scheduled two for now. The standing committee dealing with education, youth and culture, chaired by delegate Mary L. Moorhead, is scheduled to meet on St. Croix Dec. 19 and on St. Thomas, Dec. 21, James said. They will meet in the two islands' respective Senate buildings.
James said the 12 standing committees are dedicated to the following subjects:
— preamble, anthems, symbols, bill of rights and human rights;
— citizenship, Virgin Islander rights, environment, cultural and historical preservation;
— suffrage, elections, initiative, referendum, recall and amendments;
— legislative branch;
— judicial branch;
— executive branch;
— government departments;
— education, youth and culture;
— taxation, finance and commerce;
— economic development and labor;
— health, human services, public safety and homeland security; and
— territorial status and federal relations.
Community involvement is crucial to the success of the project, James said.
"We need the full cooperation and attention of the general public, because this is of great importance and meaning for the people of the territory," he said. "We need the public to pay attention and interact with us. We will have drop boxes place throughout the territory, so if you don't want to put your name out there, you can still get involved."
Right now, St. Croix residents can drop off suggestions at a box in the lobby of the St. Croix Avis building in Estate Grande Princesse, and more will be established soon, he said.
The U.S. Congress passed a law in 1976 to allow the people of the Virgin Islands and Guam to adopt territorial constitutions. Any constitution has to be consistent with federal law and with the U.S. constitution. The form of the government must be republican in form, with executive, legislative and judicial branches, and it must have a bill of rights. But there are few other restrictions. The website itsourfuture.vi has excerpts and links to the full text of the relevant laws, and much more information.
There have been four previous constitutional conventions, but no territorial constitution yet. The most recent convention was in 1980. (For a detailed history of previous conventions and extensive background information on the subject, see "V.I. CONSTITUTIONAL CONVENTIONS: BACKGROUND.")
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