Laws: Cases and Codes : U.S. Code : Title 48
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U.S. Code as of:
01/19/04
Subchapter I - Notes
ADDITIONAL PROVISIONS
For additional provisions, constituting a revision of the Organic
Act of the Virgin Islands of the United States, see section 1541 et
seq. of this title.
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CODIFICATION
A new organic act, or basic charter of civil government, for the
people of the Virgin Islands of the United States, was passed in
1954. Act July 22, 1954, ch. 558, 68 Stat. 497, known as the
Revised Organic Act of the Virgin Islands, is set out as section
1541 et seq. of this title. Section 8(c) of the Revised Organic
Act, set out as section 1574(c) of this title, provides that laws
of the United States, set out generally in this chapter, as well as
local laws and ordinances, including provisions of the Organic Act
of the Virgin Islands of the United States, act June 22, 1936, ch.
699, 49 Stat. 1807, section 1405 et seq. of this title, in force on
July 22, 1954, and not inconsistent with act July 22, 1954, are to
remain in force and effect until otherwise changed.
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CONSTITUTIONS FOR VIRGIN ISLANDS AND GUAM: ESTABLISHMENT;
CONGRESSIONAL AUTHORIZATION
Pub. L. 94-584, Oct. 21, 1976, 90 Stat. 2899, as amended by Pub.
L. 96-597, title V, Sec. 501, Dec. 24, 1980, 94 Stat. 3479,
provided:
"[Section 1. Authorization to organize governments] That the
Congress, recognizing the basic democratic principle of government
by the consent of the governed, authorities the peoples of the
Virgin Islands and of Guam, respectively, to organize governments
pursuant to constitutions of their own adoption as provided in this
Act.
"Sec. 2. [Constitutional conventions and draft provisions] (a)
The Legislatures of the Virgin Islands and Guam, respectively, are
authorized to call constitutional conventions to draft, within the
existing territorial-Federal relationship, constitutions for the
local self-government of the people of the Virgin Islands and Guam.
"(b) Such constitutions shall -
"(1) recognize, and be consistent with, the sovereignty of the
United States over the Virgin Islands and Guam, respectively, and
the supremacy of the provisions of the Constitution, treaties,
and laws of the United States applicable to the Virgin Islands
and Guam, respectively, including, but not limited to, those
provisions of the Organic Act [this chapter] and Revised Organic
Act of the Virgin Islands [section 1541 et seq. of this title]
and the Organic Act of Guam [section 1421 et seq. of this title]
which do not relate to local self-government.
"(2) provide for a republican form of government, consisting of
three branches: executive, legislative, and judicial;
"(3) contain a bill of rights;
"(4) deal with the subject matter of those provisions of the
Revised Organic Act of the Virgin Islands of 1954, as amended,
and the Organic Act of Guam, as amended, respectively, which
relate to local self-government;
"(5) with reference to Guam, provide that the voting franchise
may be vested only in residents of Guam who are citizens of the
United States;
"(6) provide for a system of local courts consistent with the
provisions of the Revised Organic Act of the Virgin Islands, as
amended; and
"(7) provide for the establishment of a system of local courts
the provisions of which shall become effective no sooner than
upon the enactment of legislation regulating the relationship
between the local courts of Guam with the Federal judicial
system.
"Sec. 3. [Selection and qualifications of members] The members of
such constitutional conventions shall be chosen as provided by the
laws of the Virgin Islands and Guam, respectively (enacted after
the date of enactment of this Act [Oct. 21, 1976]): Provided,
however, That no person shall be eligible to be a member of the
constitutional conventions, unless he is a citizen of the United
States and qualified to vote in the Virgin Islands and Guam,
respectively.
"Sec. 4. [Submittal of proposed constitutions to governors and
President] The conventions shall submit to the Governor of the
Virgin Islands a proposed constitution for the Virgin Islands and
to the Governor of Guam a proposed constitution for Guam which
shall comply with the requirements set forth in section 2(b) above.
Such constitutions shall be submitted to the President of the
United States by the Governors of the Virgin Islands and Guam.
"Sec. 5. [Transmittal to Congress and submittal to voters] Within
sixty calendar days after the respective date on which he has
received each constitution, the President shall transmit such
constitution together with his comments to the Congress. The
constitution, in each case, shall be deemed to have been approved
by the Congress within sixty legislative days (not interrupted by
an adjournment sine die of the Congress) after its submission by
the President, unless prior to that date the Congress has approved
the constitution, or modified or amended it, in whole or in part,
by joint resolution. As so approved or modified, the constitutions
shall be submitted to the qualified voters of the Virgin Islands
and Guam, respectively, for acceptance or rejection through
islandwide referendums to be conducted as provided under the laws
of the Virgin Islands and Guam, respectively, (enacted after the
date of enactment of this Act) [Oct. 21, 1976]. Upon approval by
not less than a majority of the votes (counting only the
affirmative or negative votes) participating in such referendums,
the constitutions shall become effective in accordance with their
terms."
DELEGATE TO CONGRESS FROM VIRGIN ISLANDS
Provisions respecting representation in Congress by a Delegate
from Virgin Islands to the House of Representatives, see section
1711 et seq. of this title.
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