Fifth Constitutional Convention (2007-2012):
News, Opinion, Litigation, and Reports

‘”News

J.H.  Snider comment: After citations, I’ve occasionally highlighted passages that summarize court rulings or legal disputes, with 20:20 hindsight appeared prescient, or provided provocative critiques of the narratives the legislature was making. My selections began late in my research process so should be viewed as relatively arbitrary. Fortunately, you can click on the article links yourself and make your own judgments about what went wrong with the 5th constitutional convention.

2011-2012

Lou, Mattei, Constitutional Convention Meeting Marred by Arguments, Technical Snarls, Virgin Islands Daily News, Oct. 29, 2012.

Constitutional Convention Deadlocked, St. John Source, Oct. 28, 2012.

District Court Rejects Constitutional Convention Challenge, St. John Source, Oct. 6, 2012. “In Friday’s order, [U.S. District Judge Wilma] Lewis said plaintiffs ‘have failed to show that either Public Law 94-584 or Joint Resolution 33 requires the Fifth Constitutional Convention to reconvene for the purpose of revising the proposed constitution, or that these laws authorize only the Fifth Constitutional Convention to revise the proposed constitution.'”

Federal Court Looks at Constitutional Revision Convention, St. John Source, Oct. 4, 2012. “Fifth Constitutional Convention delegates Adelbert Bryan and Mary Moorhead filed suit in U.S. District Court on Sept. 28 asking for a restraining order against the new law taking effect, arguing that it violated federal law by usurping the Fifth Constitutional Convention’s power.”

Constitutional Convention Progresses ‘Informally,’ Formally Rejecting V.I. Law’s Validity, St. John Source, Oct. 2, 2012.

Constitutional Convention Has Until Oct. 31 to Revise Draft, St. John Source, Sept. 13, 2012.

Constitutional Convention Given until Oct. 31 to Revise Draft, St. John Source, Aug. 22, 2012.

More Time but Little Hope for Constitutional Convention, St. John Source, July 28, 2012.*

Make the Constitutional Convention Fix Its Draft, St. Thomas Residents Say, St. Thomas Source, July 26, 2012.

Legislature Tackles Constitution, St. Thomas Source, July 24, 2012.

Son of Constitutional Convention Delegate Killed by Police, St. Thomas Source, Jan. 6, 2012.

2010

Constitutional Convention Asked to Reconvene, Amend Draft, St. John Source, June 19, 2010.

Congress Likely to Send V.I. Constitution Back to Convention, St. John Source, May 20, 2010.

Poinski, Megan, “Congressional hearing today on V.I. constitution draft,” Virgin Islands Daily News, May 19, 2010.

Don’t Throw Baby Out With Bathwater, Say Convention Delegates, St. John Source, April 29, 2010.

Clark, Hap, Letter: Senators Should Speak Out Against the 5th Constitutional Draft, St. John Source, March 26, 2010.

Poinski, Megan, “V.I. officials push for vote on constitution,” Virgin Islands Daily News, March 18, 2010.

Poinski, Megan, “Familiar issues mark constitution testimony in D.C.,” Virgin Islands Daily News, March 18th 2010.

Poinski, Megan, “Congressional hearing today on V.I. draft constitution,” Virgin Islands Daily News, March 17, 2010.

2009

Noting Objections, Gov. DeJongh Sends Constitution to President, St. John Source, Dec. 31, 2009. “‘The most general and generous reading of this draft Constitution showed it to be inconsistent with basic tenets of equal protection and fairness as established by the U.S. Constitution,” deJongh wrote in his letter to the president. “As such it was unacceptable to me on both legal and moral grounds.'”

Judge Orders that V.I. Constitution Be Sent to Obama, St. John Source, Dec. 27, 2009. “On Dec. 23, Donohue ruled in favor of James and Moorhead. In his ruling, Donohue said the law does not specify any role for the governor other than forwarding the document.”

Judge: Convention Officials Can Move Suit Forward as Taxpayers, St. John Source, Oct. 23, 2009.

Poinski, Megan, “Constitution drafters take case to Superior Court,” Virgin Islands Daily News, July 16, 2009.

2 Suits Over Constitutional Convention Muddy the Waters, St. John Source, July 8, 2009.

Poinski, Megan, “New suit filed to force deJongh to release draft constitution,”Virgin Islands Daily News, Virgin Islands Daily News, July 3, 2009.

James, Damien, Letter: Hats Off, St. John Source, June 14, 2009.

Poinski, Megan, “Delegates file suit to force deJongh to forward draft,” Virgin Islands Daily News, June 13, 2009.

DeJongh Fires Back At Some Convention Delegates, St. John Source, June 13, 2009.

Poinski, Megan, “Governor rejects constitution draft,” Virgin Islands Daily News, June 12, 2009.

Poinski, Megan, “Delegates blast governor, vow lawsuit,” Virgin Islands Daily News, June 12, 2009.

Poinski, Megan, “Convention spends over half a million to produce failed constitution draft,” Virgin Islands Daily News, June 12, 2009.

Poinski, Megan, “Despite contentious proposals, constitution draft covered the basic points necessary for governing,” Virgin Islands Daily News, June 12, 2009.

Mawson, Alana, Letter: Good Ting!, St. John Source, June 13, 2009.

Poinski, Megan, “DeJongh asks V.I. Attorney General for opinion on constitution draft,” Virgin Islands Daily News, June 4, 2009.

Roller, Hugo, Letter: Changes in Attitudes and Constitutional Latitudes, St. John Source, June 1, 2009.

Monagle, Michael, Letter: The Gang of Fifteen, St. John Source, June 1, 2009.* “[Senator Craig Barshinger] did not deem it necessary… to show up for or even call in for the vote….[T]he Gang of Fifteen got this approved by getting their incarcerated member, Kendall Petersen, to vote from his jail cell, which, by the way, was the deciding vote…. As Albert Einstein once said ‘You can’t fix a problem with the mind that created it.'”

Constitutional Convention Nixes Taxes for Some, St. John Source, May 30, 2009.

Poinski, Megan, “Dissenters explain their votes on constitution draft,” Virgin Islands Daily News, May 28, 2009.

Poinski, Megan, “Controversy in the constitution: Deadline pressure drove delegates to approve hot-button provisions that doomed earlier drafts,” Virgin Islands Daily News, May 28, 2009.

Lotz-Felix, Carol, Letter: Homework Due, St. John Source, May 28, 2009. “The one blessing is that they screwed the document up so badly from all legal perspectives that it will easily be reversed….”

Lee, Steven, Letter: Disapproval of the Territorial Constitution, St. John Source, May 28, 2009.

Poinski, Megan, “V.I. constitution is approved by delegates; Phone votes key to draft’s passage,” Virgin Islands Daily News, May 27, 2009

Poinski, Megan, “Last-minute addition to constitution calls for vote on Virgin Islands status – by natives only,” Virgin Islands Daily News, May 27, 2009.

Binks, Sid, Letter: Constitutional Discrimination, St. John Source, May 27, 2009.*

Constitutional Convention Hammers Out Final Draft, St. John Source, May 27, 2009.

Petersen Bail Revocation Adds to Challenge for Constitutional Convention, St. John Source, May 27, 2009.

Poinski, Megan, “Convention seeks $500k, extension; Delegates to make final push to draft V.I. constitution,”Virgin Islands Daily News, May 21, 2009.

Mawson, Alana, Letter: Who Exactly Are These People Representing?, St. John Voice, May 20, 2009. “[T]hose members serving on 2 failed constitutional conventions should be barred from ever being on another. It’s been embarrassing to read what they have done. Who exactly are these people representing? It is certainly not the people of the Virgin Islands.”

Poinski, Megan, “Controversial measures doom draft,” Virgin Islands Daily News, May 15, 2009.

Ferreras, Maria, Letter: Don’t Spend Another Dime on It, The St. John Source, May 15, 2009. “Despite legal advice by their own team, they continue to pursue a document that has no chance of survival in the real world…. Lets face facts, this opportunity to have a constitution for the territory was completely blown when certain members of the community were elected to the committee.”

Petersen, Verdel, Letter: They Don’t Deserve More Time and Money, St. John Source, May 15, 2009. “What were the reasons the previous four conventions failed? The answer is simple. The document produced did not comply with the will of the people.”

An Unconventional Meeting for Constitutional Convention, St. John Source, May 15, 2009.

Poinski, Megan, “Delegates fail to pass controversy-filled draft constitution,” Virgin Islands Daily News, May 14, 2009.

Convention Fails to Pass Proposed Constitution, St. John Source, May 14, 2009.

Fifth Constitutional Convention Reschedules Plenary Sessions, St. John Source, May 6, 2009.

Law Makes Constitutional Convention Quorum Easier to Achieve, St. John Source, April 29, 2009.*

Petersen, Verdel, Letter: A Comedy Without Manners, St. John Source, April 29, 2009.

Constitutional Convention Limps Back To Square One, St. John Source, April 25, 2009.

Poinski, Megan, “Convention spends another day arguing,” Virgin Islands Daily News, April 25, 2009

Poinski, Megan, “Convention reaches for consensus; Legal counsel guides delegates through draft constitution wording,” Virgin Islands Daily News, April 18, 2009.

Petersen, Verdel, Letter: Comedy Madness, St. John Source, April 15, 2009.

Letter: We are Not Serious; We are Not Correct, St. John Source, April 1, 2009.

Poinski, Megan, “Constitutional Convention marred by loud shouting, personal insults and delegates storming in and out,” Virgin Islands Daily News, March 30, 2009.

Poinski, Megan, “Alternative constitution draft removes controversial sections,” Virgin Islands Daily News, March 30, 2009.

Provision Would Allow Crime Victims To Testify, St. John Source, March 21, 2009.

Consitutional Committee Discusses Simplifying Passage, St. John Source, March 20, 2009.

5th Constitutional Convention Changes Dates and Venue of Plenary Sessions, St. John Source, March 20, 2009.

Devine, Paul, Letter: Constitutional Convention: Controversy, Derision and Chaos, St. John Source, March 10, 2009.

Petersen, Verdel, Letter: …And Justice for All, St. John Source, March 10, 2009.

Poinski, Megan, “Group says ‘native’ definition segregates islanders,” Virgin Islands Daily News, March 6, 2009.

Constitutional Convention Shifts ‘Virgin Islander’ Definitions, St. John Source, March 5, 2009.

Poinski, Megan, “Convention to consider tax break for ‘native Virgin Islanders,'” Virgin Islands Daily News, March 6, 2009.

Poinski, Megan, “Constitutional convention refuses to allow public to see documents,” Virgin Islands Daily News, March 5, 2009.

Fifth Constitutional Convention Schedules Videoconference Committee Meetings and Plenary Sessions for March, St. John Source, Feb. 25, 2009.

Poinski, Megan, “Proposal would make ballot initiatives, recalls easier,” Virgin Islands Daily News, Feb. 19, 2009.

Constitutional Convention Inches Closer to Goal, St. John Source, Feb. 19, 2009.

Poinski, Megan, “Delegates seek to curb senators’ ability to block issues from consideration,” Virgin Islands Daily News, Feb. 19, 2009.

Poinski, Megan, “Cash-strapped Convention votes down cost-saving measures,” Virgin Islands Daily News, Feb. 18, 2009.

Poinski, Megan, “Placement of contentious Virgin Islander definition debated,” Virgin Islands Daily News, Feb. 18, 2009.

Poinski, Megan, “Pastors petition Convention to define marriage,” Virgin Islands Daily News, Feb. 18, 2009.

Poinski, Megan, “Constitutional Convention undecided on Senate; Delegates disagree on term lengths and districting,” Virgin Islands Daily News, Feb. 18, 2009.

Committee Chair Resigns From Constitutional Convention Panel, St. John Source, Feb. 11, 2009.

Constitution Committee Fails to Assemble Enough Members, St. John Source, Feb. 11, 2009.

Final Meetings of Two Constitutional Convention Committees Slated for Feb. 13, St. John Source, Feb. 10, 2009.

Constitutional Convention Delegates OK Distinct Municipalities, St. John Source, Feb. 10, 2009.

Vrabcak, Paul, Letter: How About Using a Xerox Machine?, St. John Source, Feb. 6, 2009. “All in all what I have seen has no chance of being approved by the congress of the US of which the Virgin Islands is a part.”

Ferreras, Maria, Letter: Is There No Voice of Reason?, St. John Source, Feb. 6, 2009.

Laemtzger, DG, Letter: An Official Joke, St. John Source, Feb. 4, 2009.

Devine, Paul, Letter: Constitutional Convention: An Embarrassing Situation, St. John Source, Feb. 2, 2009.*

Corbell, Bonny, Letter: A Call for Discipline, St. John Source, Jan. 31, 2009.

Constitutional Convention Delegates Make Headway Amidst Squabbling, St. John Source, Jan, 29, 2009.

Bryan, Phyllis, Letter: Show Up on Time, St. John Source, Jan, 29, 2009.

Poinski, Megan, “Convention keeps ancestry requirements for top offices,” Virgin Islands Daily News, Jan. 29, 2009.

Poinski, Megan, “Public denied access to constitutional drafts,” Virgin Islands Daily News, Jan. 28, 2009.

Poinski, Megan, “Delegates’ day spent waiting, eating, squabbling,” Virgin Islands Daily News, Jan. 28, 2009.

‘Foolishness:’ Constitutional Convention Delegates Do Nothing All Day, St. John Source, Jan, 28, 2009.

Poinski, Megan, “Convention recasts Legislature,” Virgin Islands Daily News, Jan. 22, 2009.

Legislative Committee Works Out Final Details on New Constitution, St. John Source, Jan, 22, 2009.

2008

Fifth Constitutional Convention Schedules Meetings for St. Croix, St. John Source, Dec, 29, 2009.

Constitutional Convention to Hold St. Croix Meeting, St. John Source, Dec, 28, 2009.

Constitution Committee: Make Attorney General and Auditor General Elected Posts, St. John Source, Dec, 28, 2009.

Poinski, Megan, “Despite protests, delegates OK education mandates,” Virgin Islands Daily News, Dec. 10, 2008.

Constitutional Convention Moving Closer to Goal, St. John Source, Dec, 10, 2009.

Delegates Say Constitutional Convention Process Needs More Money, St. John Source, Dec. 10, 2008.*

Fifth Constitutional Convention to Hold Plenary Session, St. John Source, Dec. 1, 2008.

Fifth Constitutional Convention Schedules Plenary Session for St. Thomas, St. John Source, Nov. 30, 2008.

Constitutional Convention Schedules St. Thomas Session for Dec. 9, St. John Source, Dec. 1, 2008.

Ferreras, Maria, Letter: Delegates, Finish Your Homework, St. John Source, Nov. 19, 2008.

Analysis: Senate Election Slowed, Clouded Constitutional Convention Process, St. John Source, Nov. 17, 2008.** “The election to the V.I. Legislature of two 5th V.I. Constitutional Convention delegates…. Six Constitutional Convention delegates were candidates for the Legislature: Myron Jackson, Stedmann Hodge Jr., Adelbert Bryan, Kendall ‘Seigo’ Petersen, Craig Barshinger and Michael Thurland, with Thurland and Barshinger winning seats.”

Peters, Victor, Letter: Simplifying the Distribution of Senators, St. John Source, Oct. 28, 2008. “This convention is worse than the four previous. Some of the delegates are actually senatorial candidates.”

Devine, Paul, Letter: Pure Folly or Cutting Edge?, St. John Source, Oct. 17, 2008.

Structure of Legislature, ‘Native’ Questions Dominate Constitutional Session, St. John Source, Oct. 14, 2008.

Tiblier, George, Letter: Do the Delegates Even Care?, St. John Source, Oct. 9, 2008.

Barshinger, Craig, Letter: We Are Making Progress, St. John Source, Oct. 8, 2008.*

Book, Gregory, Letter: When Will We Ever Learn?, St. John Source, Oct. 8, 2008. “It is common knowledge that the convention is merely being used as a stepping stone to the Legislature.”

Langdon, Dena, Letter: Cut Funds for the Constitutional Convention, St. John Source, Oct. 6, 2008.

Poinski, Megan, “Fifth Constitutional Convention shuts public out of illegal meeting,” Virgin Islands Daily News, Oct. 2, 2008.

Ferreras, Maria, Letter: Sink It Now, St. John Source, Oct. 2, 2008.

Constitutional Convention Goes Into Illegal Closed Session, St. John Source, Oct. 2, 2008.

Poinski, Megan, “Constitutional Convention approves judiciary article,” Virgin Islands Daily News, Oct. 2, 2008.

Senate Extends Deadline for Constitutional Convention to May 2009, St. John Source, Oct. 1, 2008.

Constitutional Convention Session Hampered by Lack of Quorum, St. John Source, Oct. 1, 2008.

Poinski, Megan, “Property taxes in convention’s crosshairs,” Virgin Islands Daily News, Oct. 1, 2008.

Poinski, Megan, “Contentious debate on island-based governments results in consensus on how to establish them,” Virgin Islands Daily News, Oct. 1, 2008.

Langdon, Dana, Letter: Disgusted With the Constitutional Convention, St. John Source, Sept. 28, 2008.

Devine, Paul, Letter: Constitutional Convention Delegates Have Failed the People, St. John Source, Sept. 27, 2008.* “The leadership of this attempt was saddled with a legislative mandate which required them to utilize the wording of a failed document as the basis of their debate.”

Shirk, Lee, Letter: Introducing Discrimination Against Gays Into Constitution a Bad Idea, St. John Source, Sept. 27, 2008.

More Meetings Scheduled to Finalize Constitution Draft, St. John Source, Sept. 27, 2008.

Binks, Sid, Letter: Separation of Church and State Exists for a Reason, St. John Source, Sept. 25, 2008.

Convention Delegates Race Toward Elusive Deadline, St. John Source, Sept. 25, 2008.

Poinski, Megan, “Draft calls for V.I. to elect attorneys general and inspectors general,” Virgin Islands Daily News, Sept. 25, 2008.

Poinski, Megan, “Constitutional debate focuses on public education,” Virgin Islands Daily News, Sept. 24, 2008.

Stewart, Jeff, Letter: Constitutional Confusion, St. John Source, Sept. 23, 2008.

Constitution Proposals Would Give St. John a Dedicated Senator, St. John Source, Sept. 23, 2008.

Convention Gets Into Gay Marriage Controversy, St. John Source, Sept. 21, 2008.

Senate Candidate Petersen Indicted on Drug Charges, St. John Source, Sept. 19, 2008. “Details of the indictment say the charges include possession with intent to distribute 84 marijuana plants and 950 grams of marijuana….. In a press conference following the raid, Petersen said that the raid was part of a personal vendetta carried out by acting St. Croix Police Chief Oakland Benta, and that the funds seized were campaign contributions towards his senate bid.”

Territory Would Get Municipal Governments Under Constitutional Convention Proposals, St. John Source, Sept. 16, 2008.

Convention OKs Balanced Budget Requirement, St. John Source, Sept. 12, 2008.

Constitutional Committee Calls for African History Lessons, St. John Source, Sept. 10, 2008.

Constitutional Convention Committees Will Hold Public Meeting, St. John Source, Sept. 6, 2008.

Constitutional Convention Proposal Would Revamp School Board, St. John Source, Sept. 5, 2008.

Peterson Slams Drug Raid As ‘Vendetta’, St. John Source, Sept. 4, 2008.

No Quorum, But Convention Reviews Committee Reports, St. John Source, Sept. 4, 2008.

More Daylong Constitutional Convention Sessions Slated, St. John Source, Aug. 31, 2008.

Monagle, Michael, Letter: A Blueprint: South Africa’s Constitution, St. John Source, Aug. 26, 2008.

Convention Delegates Take Each Other to Task, St. John Source, Aug. 24, 2008.

Constitutional Convention Delegates Spend Hours Reviewing Proposals, St. John Source, Aug. 23, 2008.

Two Delegates Accuse Governor of Disrespecting Constitutional Convention, St. John Source, Aug. 23, 2008.

Convention Delegates Hash Out Draft Language, St. John Source, Aug. 22, 2008.

Constitutional Convention Brings Helpers on Board, St. John Source, Aug. 22, 2008.

Florida Lends Fairy Godmother to Constitutional Convention, St. John Source, Aug. 18, 2008.

Fifth Constitutional Convention Will Hold Videoconference, St. John Source, July 28, 2008.

Only Three Members Show Up for Constitution Committee Meeting, St. John Source, July 19, 2009.

Two Constitutional Convention Committee Meetings Canceled, St. John Source, July 19, 2009.

Constitutional Convention Delegates Ponder Local and Territorial Government Issues, St. John Source, July 19, 2008.

Felons’ Rights Among Topics Stretching Out Convention Confab, St. John Source, July 18, 2008.

Mann, Susan, Letter: Delegates Are Moving in the Right Direction, St. John Source, July 18, 2008.

Rules Governing Executive Branch Debated at Constitutional Convention Meeting, St. John Source, July 17, 2008.

Brief: No Quorum for Constitutional Convention Confab, St. John Source, July 15, 2008.

Thomas, Terence, Letter: Fifth Constitutional Convention: An Exercise in Futility, St. John Source, June 26, 2008.

Constitutional Convention Delegates Act Against Abusive Conduct, St. John Source, June 25, 2008.*

Constitutional Convention Tackles Impeachment, ‘Native’ Definition, St. John Source, June 25, 2008.

Chamber of Commerce Luncheon Will Host Convention Delegates, St. John Source, June 24, 2008.

Unions to Hold Town Meeting on Constitution, St. John Source, June 23, 2008.

Constitutional Convention Waits on Funding, St. John Source, May 23, 2008.*

Senators Denounce Racist Attack at Constitutional Convention Meeting, St. John Source, May 15, 2008.*

Constitutional Convention Delegates Work to Define Virgin Islanders, St. John Source, May 14, 2008.

Ferreras, Maria, Letter: Racism, St. John Source, May 14, 2008.

Hill, Derrick, Letter: The Convention Is Wasting Tax Dollars, St. John Source, May 11, 2008.

Lange, Jill, Letter: Talking Out of Both Sides of the Mouth, St. John Source, May 11, 2008.

Mawson, Alana, Letter: Appalled But Not Surprised!, St. John Source, May 11, 2008.

Hupprich, Sharon, Letter: Disband the Convention, St. John Source, May 8, 2008.*

Budsan, Jason, Letter: Budsan Says Bryan Owes Reporter an Apology, St. John Source, May 8, 2008.

Langdon, Dena, Letter: Constitution Delegates’ Behavior Is Outrageous, St. John Source, May 8, 2008.

Deadline Extension Sought for Constitution, St. John Source, May 7, 2008.

Poinski, Megan, “Racial comments by delegate cause disruption,” Virgin Islands Daily News, May 7, 2008.

Poinski, Megan, “Delegates request extension in drafting constitution,” Virgin Islands Daily News, May 7, 2008.

Property-Tax Debate Continues at Constitutional Convention Hearing, St. John Source, April 12, 2008.

Constitutional Convention Hears from St. John on Property-Tax Issue, St. John Source, April 11, 2008.

Lawaetz, Bent, Letter: Time to Do Homework, St. John Source, April 7, 2008.

Native Rights, Land Use Aired at Constitutional Convention Hearing, St. John Source, April 4, 2008.

Constitutional Convention Delegates Vote Down Deadline Extension Request, St. John Source, April 3, 2008.

Citizenship, Native Rights on Agenda for Constitutional Convention Meetings, St. John Source, April 2, 2008.

Brief: Constitutional Convention Meets in Frederiksted This Week, St. John Source, March 30, 2008.

Oat, Tom, St. John Community Activists at Convention, St. John Tradewinds, March 18, 2008.

Municipal Government Hot Topic at Constitutional Convention Meeting, St. John Source, March 11, 2008.

Constitutional Convention Meets Monday and Tuesday on St. John, St. John Source, March 10, 2008.

Jange, Jill, Letter: Where Did the Money Go?, St. John Source, March 10, 2008.** “We are forgetting who is the beneficiary of a second $125,000+ contract awarded from UVI, granted by our 26th legislature, for not only informing us and educating us prior to the convention, but keeping us informed until the constitution is voted upon………just where is UVI appointed information guru Attorney Tregenza A. Roach ESQ (aka, coordinator/researcher) on publicizing information on the convention’s progress? Mr. Roach needs to earn his exorbitant salary and the convention ought to demand it! Unless they do it can only be viewed as a gift.”

Penn, Elaine, Letter: Getting Out the Word on the Constitution, St. John Source, March 10, 2008.

Constitutional Convention’s Education Committee Hears Proposals, St. John Source, March 7, 2008.

UVI and PTSA to Co-Host Constitution Forum, St. Thomas Source, March 7, 2008.

Constitutional Convention Committee Gets Advice on What to Leave Out, St. John Source, Feb. 28, 2008.

Public Constitutional Convention’s Committee Meeting Planned, St. John Source, Feb. 27, 2008.

Education Reform Is a Constitutional Issue, St. John Source, Feb. 27, 2008.

Public Constitutional Convention’s Committee Meeting Planned, St. John Source, Feb. 26, 2008.

Fifth Constitutional Convention Committee to Have Public Meeting, St. John Source, Feb. 22, 2008.

Residents to Constitutional Delegates: We Want Strong Municipal Government, St. John Source, Feb. 20, 2008.

Delegates Outnumber Residents at Constitutional Convention Meeting, St. John Source, Feb. 7, 2008.

Fifth Constitutional Convention to Hold Hearings, St. John Source, Jan. 30, 2008.

Budgeted at $100,000, Constitutional Convention Needs Millions, Delegates Say, St. John Source, Jan. 16, 2008.

Langdon, Dena, Letter: Convention Cost: $3.3 Million?!, St. John Source, Jan. 16, 2008.

Legal Expert Offers Free Services to Constitutional Convention, Delegates Say, St. John Source, Jan. 9, 2008.

Constitutional Convention Will Hold General Public Meeting, Delegates Say, St. John Source, Jan. 8, 2008.

Public Invited to Fifth Constitutional Convention Meeting, Delegates Say, St. John Source, Jan. 2, 2008.

2007

Devine, Paul, Letter: We Don’t Need $3.2 Million for the Constitutional Convention, St. John Source, Dec. 21, 2007. “Remember, many delegates were/are government workers and are getting full pay while being a delegate.”

Committees in Place to Begin Constitutional Convention Work, St. John Source, Dec. 11, 2007.

Randall, Alexander, Letter: A Letter to the Delegates, St. John Source, Dec. 11, 2007.

Devine, Paul, Letter: A Different Way to Represent, St. John Source, Nov. 28, 2007.

Devine, Paul, Letter: We Need to Know What Is Going On, St. John Source, Nov. 26, 2007.

Estemac, J.J., Letter: A Downhill Course, St. John Source, Nov. 6, 2007.

Poinski, Megan, V.I.’s Road to Self-Governance: “Other U.S. territories also continue to struggle with status issues,” Virgin Islands Daily News, Nov. 2, 2007

Poinski, Megan, V.I.’s Road to Self-Governance: “Controversial questions already emerging even as fifth convention gets under way,” Virgin Islands Daily News, Nov. 2, 2007

Poinski, Megan, Definition of Virgin Islander, renegade delegate doomed fourth attempt, Virgin Islands Daily News, Nov. 1, 2007.*

Poinski, Megan, In 1977, Third Convention delegates find a balance but fail to unite the voters throughout the territory, Virgin Island Daily News, Nov. 1, 2007.*

Poinski, Megan, V.I.’s Road to Self-Governance: “Second convention cultivates more ideas – but not enough public interest,” Virgin Island Daily News, Oct. 31, 2007.

Poinski, Megan, V.I.’s Road to Self Governance: “1964 Constitutional Convention followed years of struggle,” Virgin Island Daily News, Oct. 31, 2007.*

Squiabro, Hector, Letter: An Amazing Task Ahead of Them, St. John Source, Oct. 30, 2007.

Poinski, Megan, “Virgin Islands Fifth Constitutional Convention: Delegates sworn, begin writing history,” Virgin Islands Daily News, Oct. 30, 2007.

Constitutional Convention Delegates Pledge Cooperative Effort, St. John Source, Oct. 30, 2007.*

Letter: Barshingter, Craid, Writing V.I. Constitution Requires Consensus, St. John Tradewinds, Oct. 29, 2007.

Swearing in of Constitutional Convention Delegates Set for Monday, St. John Source, Oct. 27, 2007.

Barshinger, Craig, Letter: An Argument for Compromise, St. John Source, Oct. 26, 2007.

Delegates, Citizens Confer on Constitutional Convention, St. John Source, Oct. 19, 2007.

Daniel Bows in Bid Against Board of Elections, St. John Source, Oct. 10, 2007. “‘We lost in the courts,” he said. “And I still do believe that the board of elections did violate local law, disenfranchising myself and the voters. But the Constitutional Convention is much too important a process to be delayed any longer.;”

Would-Be Constitutional Convention Delegate Asks Judges to Reconsider, St. John Source, Oct. 4, 2007. “Supreme Court justices Maria Cabret, Rhys S. Hodge and Ive A Swan… the board misinterpreted the plain language of the Constitutional Convention statute. It requires a minimum of two candidates from St. John, but gives no maximum number. However, Cabret and Hodge also said board of elections members would have been able to correct the ballot if Daniel had filed his complaint right away.”

Elections Board Discusses Daniel Appeal, St. John Source, Sept. 21, 2007.

Case Dismissed: Daniel Out as Constitutional Convention Delegate, St. John Source, Sept. 18, 2007.*

Elections Board Spars with Abramson, Takes Up Budget Issues, St. John Source, Sept. 13, 2007.

Constitutional Convention Needs Input, St. John Source, Sept. 10, 2007.

New Special Election Could Resolve Daniel Dispute, St. John Source, Sept. 6, 2007.

Supreme Court Will Weigh in Wednesday on Latest Daniel Wrangling, St. John Source, Sept. 6, 2007.

UVI Web Site Does Have Some Problems, St. John Source, Aug. 28, 2007.

Daniel Already a Delegate, Attorney Says, St. John Source, Aug. 25, 2007.

Judge Sends Daniel Election Appeal to V.I. Supreme Court, St. John Source, Aug. 22, 2007.

Elections Board Reverses Daniel Decision, St. John Source, Aug. 21, 2007.

Berry, Carol, Letter: Hurrah for Harry Daniel, St. John and Judge Carroll III, St. John Source, Aug. 21, 2007.

Court Backs Daniel’s Claim to Convention Seat, St. John Source, Aug. 13, 2007.* “St. John resident Harry Daniel should be seated as a delegate to the upcoming Constitutional Convention, a V.I. Superior Court judge ruled on Monday. During a hearing held in Superior Court, Judge James S. Carroll III said board of elections members violated local law when they approved a redesign to the special election ballot, which he said placed a cap on the number of delegates elected from St. John.”

Barshinger, Craig, Harry Daniel Not Alone in Elections Challenge, St. John Tradewinds, August 6, 2007.

Judge’s Ruling Could Require $75,000 Outlay for Election Repeat, St. John Tradewinds, July 31, 2007.

Devine, Paul, Letter: Many Questions Remain About St. John Representation, St. John Source, Aug. 21, 2007. “I agree with Mr. Fielding that we were disenfranchised because it was entirely possible that when voters attempted to push more than two buttons in the voting booth, they were denied the ability vote for more than two person from St John because the voting machine was set up to disallow it.”

Barshinger, Craig, Letter: Harry Daniel Should Not Stand Alone, St. John Source, July 30, 2007.

Daniel Election Appeal Undecided After Nine-Hour Hearing, St. John Source, July 28, 2007.

Public Urged to Make History by Participating in Constitutional Convention, St. John Tradewinds, July 23, 2007. “Devine blamed the lack of interest and low voter turnout during the delegates election on the University of the Virgin Islands, which was charged with conducting an educational campaign to keep the public informed during the process to establish the Constitution. “Many of the people at the polls said, ‘who are you and what is this all about?’” said Devine. “There’s not enough education. I can’t believe UVI spent a whole half-million dollars to educate the public.””

Judge Delays Swearing In of Constitutional Convention Delegates to Hear Daniel’s Appeal, St. John’s Source, July 21, 2007.

Edwards, Percival, Letter: The Torch Is Passed, St. John’s Source, July 20, 2007. “The low turnout on Election Day shows a lack of education and national pride as a people….”

Boards Bow Out of Election-Results Dispute; Court Hearing Set for Friday, St. John’s Source, July 20, 2007.

Only a Handful Turn Out for St. John Constitutional Convention Forum, St. John Source, July 17, 2007. “

Letter: Fielding, Bruce, Election Results Contested, St. John Tradewinds, June 25, 2007.

Williams, Victoria, Letter: There Is Enough Blame to Go Around, St. John Source, June 18, 2007. “The public outcry that set the pace began several weeks ago when a “so-called” popular radio talk show began spreading rumors that several senators were running for a delegate spot. Letters to the editors began popping up decrying the notion that an elected senator would dare run for delegate and attempt to have “control” over the “will of the people” by having an official say in the writing of the constitution. If any senator was actually thinking about throwing his/her hat into the ring that notion was quickly quashed…..Let’s get back to the University of the Virgin Islands for a moment. This is an institution in which we entrust the minds of our best and brightest yet in my humble opinion they dropped the ball. How many of you really think that the University did a good job promoting the Convention and educating the masses? I would venture to guess the event hosted by Avis Editor, Rena Bradhurst, did more collectively (on St. Croix) to inform and educate than all the efforts of the University.”

Voter Turnout Low in Constitution Convention Election Despite Elaborate Education Campaign, St. John Tradewinds, June 17, 2007.* “Despite a months-long public education campaign by the University of the Virgin Islands and a day off for government employees, only 20 percent of registered voters in the Virgin Islands came out for the Tuesday, June 12, election of delegates to the Fifth Constitutional Convention…. The low turnout was expected by V.I. Board of Elections officials, explained Supervisor of Elections John Abramson.”

“We were hoping for more, but we looked at other special elections from 1979 through 1993 and we came up with projections of what the turnout may be,” said Abramson. “We were hoping we were wrong.”

Estemac, J.J., Letter: The Recent Elections of Delegates, St. John’s Source, June 17, 2007. “The same senators who past the law authorizing the convention failed miserably to promote it….Some persons speculate that the Senators were not involved because a constitution could curtail their power, and people do not like to give up power….Many citizens said they were not acquainted with many of the candidates…. The electorate needs more than name recognition to vote intelligently for candidates, they need knowledge of the individuals.”

Native-Rights Advocate Bryan Biggest Winner in Constitutional Convention Delegate Vote, St. John’s Source, June 13, 2007.*

FYI: Governor Congratulates Convention Delegates, St. John’s Source, June 13, 2007.

Turnout Sparse for Constitutional Convention 2008 Delegate Election, St. John’s Source, June 13, 2007.* “‘Every person I talked to said they had no idea who any of the candidates were,’ Devine said. The candidates needed more time to get the word out about themselves,’ he said.”

Watlington Gets Most Votes in Light Turnout for Constitutional Convention Delegates on St. Thomas-St. John, St. John’s Source, June 13, 2007. “Hoping for at least a 40-percent turnout at the polls, Board of Elections members said they were disappointed when less than 20 percent of registered voters in the St. Thomas-St. John district participated in Tuesday’s special election for the Constitutional Convention.”

All Mostly Quiet on the Election Front, The St. John Source, June 13, 2007.

Special Election Polling Places and Ballot Positions, St. John’s Source, June 13, 2007. 

Ferreras Says Vote for Candidates Who Would ‘Bring Us Together’, The St. John Source, June 11, 2007.

Keeping the Public Involved Each Step of the Way, St. John Source, June 11, 2007.

Berry, Carol, Letter: Not Ready to Vote on Tuesday, St. John Source, June 10, 2007.** “I don’t know about anyone else but I don’t feel we have enough information about each delegate to be prepared to vote on Tuesday. Besides a few lines of generalized information I feel I really don’t know what each delegate thinks about each and every topic that is to be part of making up this constitution. I feel like I am walking half blind into what is supposed to be the most important event for our entire community and our future. I would have liked to see and hear much more in depth information about what each candidate really believes in and really wishes to see take place in this constitution.”

Familiar Themes Dominate During Convention Delegate Candidates Forum, St. John Source, June 10, 2007.

Roller, Hugo, Et tu, Brutus, St John Tradewinds, June 10, 2007.

Constitution 2008 Voting Day Now a Legal Holiday, St. John Source, June 8, 2007.

Kunkel, Robert, Letter: I Had a Call Today, St. John Source, June 8, 2007.* “I had a call today from a candidate to the constitutional convention. She said, “her bio” was not included in the Daily News Voter Guide published Thursday. I reluctantly told her that the same thing happened to me. I, too, am a candidate and my information was also not included in the voter’s guide. Neither of us received a form from the paper asking for this information.”

The Source Wants Prospective Delegates to Tell Readers Their Goals for the Constitutional Convention, St. John Source, June 8, 2007.

Constitution 2008 Delegate Candidates Forum Set for June 7, St. John Source, June 7, 2007.

Ballot Concerns Could Affect Constitutional Convention, St. John Source, June 4, 2007. “P&P Communications owner Patrick Phillips — contracted to help with ballot design and machine programming, among other things — said that the “only solution” to the problem would be to ‘completely’ redesign the ballots and reprogram voting machines to reflect the law. “

Candidates’ Forum for Constitutional Convention Delegates Sparsely Attended, St. John Source, June 3, 2007.

Delegate Candidates Weigh Various Options for Constitution, St. John Source, June 3, 2007.

Thorny Issues Debated at Forum for Constitutional Convention Candidates, St. John Source, June 2, 2007. “With 24 candidates on stage, even one-minute answers from each of them made for a lengthy round of questioning.
Each was given 90 seconds for opening comments. These were followed by six rounds of questions and closing remarks.”

Williams, Victoria, Letter: Constitutional Convention Choices Easier to Make, St. John Source, June 1, 2007.

Edwards, Percival, Letter: A Good Foundation for the Constitutional Convention, St. John Source, June 1, 2007.

Board of Elections Set for June 12 Constitutional Convention Delegate Vote, St. John Source, June 1, 2007. “This fifth constitutional convention was originally slated to occur in 2006, but in late 2005 the Legislature voted to postpone the process one year. The sponsor of the bill, Sen. Louis Hill, said at the time that holding the convention in an election year would not give it the credibility and seriousness it requires. Hill also said he was concerned that the public needed to be more informed about the convention.”

Tom Bolt Advocates Balanced Approach as Constitutional Convention Delegate, St. Thomas Source, May 31, 2007.*

Bolt, Tom, St. Thomas Attorney Announces Candidacy for Constitutional Convention, Virgin Islands Law Blog, May 28, 2007. “I seek revision to our initiative and referendum process so that measures could be placed on the ballot upon petition of 5% of the electorate…. The Constitutional Convention should enact single member districts…. We should address merit selection of judges and legislative pay, removing politics from these critical areas.”

Titus, Marvin, Letter: ‘Nativism’ and the 5th Constitutional Convention, St. John Source, May 25, 2007.

Six St. John Residents Vying for Constitutional Convention Delegate Seats, St. John Tradewinds, May 21, 2007.

The Source Wants Prospective Delegates to Tell Readers Their Goals for the Constitutional Convention, St. John Source, May 19, 2007.

Delegate Hopefuls are Former Senators, Commissioners, Along with a Former Governor and Community Activists, St. John Source, May 17, 2007.

Who Qualifies as a Delegate to the Constitutional Convention? Subject Dominates Town Hall Meeting, St. John Source, May 17, 2007.

Elections Office All Set for Constitutional Convention Delegates Vote, St. John Source, May 16, 2007.

Delegates Seminar Filled With Impassioned Debate, St. John Source, May 13, 2007.

Elections Office Expecting Flood of Convention Delegate Applications, St. John Source, May 11, 2007.

Poinski, Megan, New Steps Toward the Future: “Delegates expected to reflect diversity of V.I. people,” Virgin Island Daily News, May 10, 2007.

Poinski, Megan, New Steps Toward the Future: “Road to greater self-government began in 1964,” Virgin Island Daily News, May 9, 2007.

Poinski, Megan, New Steps Toward the Future: “V.I. poised for fifth attempt at constitution after more than a quarter century on hold,” Virgin Island Daily News, May 9, 2007

Poinski, Megan, The purpose of a constitution is to put power in the hands of the territory, Virgin Islands Daily News, May 8, 2007.

Poinski, Megan, New steps toward the future: Convention will be V.I.’s fifth attempt at writing constitution, Virgin Island Daily News, May 7, 2007.

UVI to Host Constitution 2008 Seminar, St. John Source, May 1, 2007.

Organizers Announce Plans for Constitutional Convention, St. John Source, April 3, 2007.** “Originally scheduled for 2006, Sen. Louis Hill sponsored legislation last year to move the event to 2007 for two reasons: 2006 was an election year, which Hill said would divert attention from the process, and the public needed more time to learn about the significance of the convention, he said…. Hill said he will run for delegate to the convention. No other senators have announced their intentions.”

Nomination Forms Available Monday for Constitutional Convention Delegate, St. John Source, April 1, 2007. “Candidates cannot start filling in the petitions until April 16.”

Election for Delegates to Constitutional Convention to be Held, St. John Source, March 29, 2007.

Town Hall Meeting Scheduled on Constitutional Convention, St. John Source, March 16, 2007.

Devine, Paul, A Constitution, a Covenant, a Commonwealth, St. John Source, March 16, 2007. “In 2004, the senate passed a law that allowed a Constitutional Convention to occur. Since that time, most people have either ignored the reality or simply were not informed. The senate passed that law and gave UVI $500,000 to inform the public about the Convention. It was only in January 2007 that any hearings were held on the subject. Some of the money was spent funding a web site.”

Devine, Paul, Choose Wisely, Your Future Depends on It, St. John Source, March 12, 2007. “In past Conventions, the delegates have been mostly politicians or past-politicians or people close to government.”

Devine, Paul, Constitutional Convention Important for Self Governance, St. John Tradewinds, March 10, 2008.

Constitutional Forum Plagued By Poor Attendance Tuesday, St. John Voice, March 7, 2007.

Constitutional Hearing Draws Total of 2 Citizens, St. John Voice, March 7, 2007.

Corbeil, Bonny, Letter: The Constitutional Convention and the Future of V.I., St. John Source, March 7, 2007.

Roller, Hugo, A Failure To Inform, An Inability To Engage, St John Tradewinds, Feb. 11, 2007.*

Devine, Paul, Letter: The Constitutional Convention Is Coming, St. John Source, Feb. 9, 2007.* “In the past attempts (four) at creating a Constitution, most delegates were either politicos, politicians or people closely related to government.”

Letter: Nugent, Constitutional Conventions: 1954 and 2007, St. John Source, Jan. 13, 2007. “[T]he 1954 Convention was comprised of 33 elected delegates: 11 were members of the Legislature; 12 were members at large; and 10 district members…. who were the 33 delegates?… most, if not all of these delegates were the political forces in the Virgin Islands at the time.”

 2006

Devine, Paul, Letter: Changes the Constitutional Convention Could Bring, St. John Source, Dec. 26, 2006. “It seems strange to me that so little is being done to prepare the populace about this election, excepting the few talk-shows and a website dedicated to the Constitutional issues. In fact, nothing on the web site of the Elections Commission even mentions it, even though the submission of the candidate’s papers is supposed to be in by March, 2007. A mere 3 months away.”

Titus, Marvin, Letter: Constitutional Convention Should Address Flawed Election System, St. John Source, Nov. 27, 2006.** “While it is stubbornly held on to in the VI, multi-member district voting has been all but abandoned and is relatively rare in the rest of the United States. This has been mainly due to court decisions that remedied the dilution of minority voter strength in multi-member districts, which then cleared the way for the establishment of single-member district voting….. There is more conclusive evidence that “potential” political participation is positively related to single-member districts. The results of a recent study by a political scientist at Rice University suggest that compared to those who reside in multi-member districts, individuals who live in single-member districts register to vote at substantially higher rates. Moreover, numerous studies have found that running for office in a single-member district costs less (per voter) than running in multi-member districts. Therefore, compared to multi-member district voting, single-member district voting limits the influence of wealthy special interest groups on individuals running for legislative seats.

Roller, Hugo, Monumental Endeavor or Major Evasion?, St John Tradewinds, August 21, 2006.*

The Most Important Issue of Our Time, St. John Source, July 24, 2006.

Constitutional Convention Seeks Input on Changing V.I. Organic Act, St. John Source, July 23, 2006. “UVI President LaVerne E. Ragster welcomed the press and other community representatives to the initiation of the program and the launch of its new Web site, www.itsourfuture.vi, at a Friday morning briefing.”

Budsan, Jason, Letter: A Constitutional Convention Demands Attention, St. John Source, June 18, 2006.

TV Panel Will Discuss Constitutional Convention, St. John Source, Feb. 14, 2006.

Constitutional Convention Election is Postponed, St. John Source, Jan. 12, 2006. “The Board of Elections has postponed the proposed constitutional convention election that was scheduled for Feb. 14, 2006 until June of 2007.”

2005

Constitutional Convention an Issue of Ready or Not, St. Thomas Voice, Dec. 19, 2005.  “‘The ad says, in part “…in the dead of the night, Sen. Louis Hill and a majority of his colleagues voted to postpone the scheduled 2006 Constitutional Convention.'”

FYI: Sen. Hill Favors Constitutional Convention’s Postponement, St. John Source, Dec. 21, 2005.** “The development and adoption of our constitution should be held to a higher standard than any election for governor, senator, delegate to Congress and any board or commission.”

Constitutional Convention an Issue of Ready or Not, St. John Source, Dec. 20, 2005.* “Gov. Charles W. Turnbull signed into law in October legislation calling for a fifth Constitutional Convention to convene in 2006. It would create a document to replace the Revised Organic Act of 1954. Turnbull has been a delegate at all four conventions.”

Deadlines Set for Constitutional Convention, St. John Source, Dec. 20, 2005.*

2004

Island Council to Discuss Constitutional Convention, St. John Source, Nov. 22, 2004.

Governor Sets Constitutional Convention in Motion, St. John Source, Oct. 30, 2004. “Gov. Charles W. Turnbull signed into law Friday legislation calling for a fifth Constitutional Convention to convene in 2006. It would create a document to replace the Revised Organic Act of 1954. Interestingly, Turnbull has been a delegate at all four conventions.”

Golden, Arnold, Letter: Virgin Islands Needs a Constitutional Convention, St. John Source, Aug. 10, 2004.

2003

CONSTITUTIONAL CONVENTIONS: What’s Gone Before, St. John Source, May 22, 2003.*

V.I. CONSTITUTIONAL CONVENTIONS: BACKGROUND, St. Thomas Source, May 19, 2003. Comment: Essentially the same as the May 22, 2003 article above. “[I]n the general election of Nov. 7, 1972. The vote was 7,279 for and 5,518 against. There were charges that it was an illegal referendum, and a newspaper editorial following the official count on Nov. 13, 1972, termed it “a dubious referendum.””

CONSTITUTIONAL CONVENTION BILL RAISES QUESTIONS, St. John Source, May 7, 2003.

5TH CONSTITUTIONAL CONVENTION BILL ON AGENDA, St. John Source, May 6, 2003. “It has been a quarter of a century since the 4th Constitutional Convention produced a document that was approved in Washington, then rejected by the public. The Young Turks from that gathering are the old pols of today.”

Vaughn, Robert, HOW A CONSTITUTIONAL CONVENTION COULD SUCCEED, St. John Source, Feb. 27, 2003. “Having personally lived through practically all of them so far, and having heard the old “saw” about failure due to the lack of knowledge on the part of the electorate and the necessity for educating that electorate, I really have to wonder if a repeat constitutional convention will change anything — or end in yet another expensive failure.
The problem was not the lack of the electorate’s knowledge, but the built-in coffer-dams around ‘sacred cows’ and political ‘royalty.’ What failed in the past will fail in the future. Changes in procedures and representation must be introduced to effect success.”

2000

RULES HOLDS CONSTITUTIONAL CONVENTION BILL, St. John Source, Sept. 23, 2000.

COMMITTEE OKS CONSTITUTIONAL CONVENTION, St. John Source, Aug. 31, 2000. “If the legislation is approved, the convention will adopt provisions approved by the Constitutional Convention of April 1979. Jones said those provisions are noncontroversial and will eliminate the necessity of lengthy public hearings and additional consultants’ fees.”

CONSTITUTIONAL CONVENTION VOTE MAY BE POSTPONED, St. John Source, Feb. 12, 2000.

 

Summary of 5th Convention

Note: The convention met from 2007 to 2009 and then again from 2010 to 2012 after Congress rejected the first proposed constitution and asked the convention to reconvene to address its objections. The convention failed to address those concerns and an amended constitution was never resubmitted to Congress.

The following excerpt provides an influential explanation of the failure of the proposed constitution drafted by USVI’s 5th constitutional convention. It is from Leary, Paul, et al., Simplified Revised Organic Act of 1954 (Amended), University of the Virgin Islands, 2021, p 28.

The Constitutional Convention of 2009-2010
Yet another convention was held in 2009-2010. It proved to be more contentious than the previous constitutional convention. Controversy erupted when two categories of native Virgin Islanders were proposed (Native and Ancestral) and they were to be granted special treatment in areas such as property taxes. A requirement was then inserted that the governor had to be native-born and domiciled in the Virgin Islands for at least fifteen years, with a continual local residence of ten years prior to filing for election. Additionally, future changes to the constitution could be made only with the approval of one of the designated native groups.

When the document was transmitted to the Governor, he refused to send it on to the President, claiming that these native-related provisions violated the equal protection clause of the U.S. Constitution. A subsequent legal opinion from the U.S. Department of Justice agreed on the same. The convention was asked to reconsider its actions regarding these and other concerns, but they did not materialize.

The passions excited by the Fifth Constitutional Convention reflected the divisions that had emerged in Virgin Islands Society. Beginning in the 1960s, population changes had resulted in the relegation of the native-born to a minority. Many of those born in the U.S.V.I. could not satisfy the criteria for deep roots in the islands proposed by the latest constitutional convention. The recently native-born and recently-arrived residents disliked any effort to place them on an unequal footing. Since all registered voters in the Virgin Islands could participate in the election to approve a draft constitution, the insertion of the native rights provisions, would most likely cause it to be doomed to failure.

Federal Government Hearings and Other Documents

Litigation

Daniel v. Virgin Islands Joint Board of Elections, Aug. 13, 2007. For an election law doctrine conflicting with the court’s in this case, see any dicussion of the Purcell Principle. Here are two descriptions of it, one academic and the other popular. Why the Purcell Principle should be abolished, Duke Law Journal, 2022; How is the “Purcell principle” threatening voting rights in America?, The Economist, Feb. 17, 2022. Richard Hasen may be the leading scholar on this principle. The Purcell Principle would appear to conflict with the court’s claim that an important election procedure could have been effectively challenged in the weeks immediately preceding an election.  

James II v De Jongh, Dec. 23, 2009.

Bryan v. Fifth Revision Constitutional Convention, Feb. 19, 2013.

Constitutional Convention
Enabling Acts

23rd Legislature

Bill Number 23-0138 (no act).

26th Legislature

Bill Number 26-0196 (Act No. 6820).

27th Legislature

Bill Number 27-136 (Act No. 6970.

Bill Number 27-0171 (no  act).

Bill Number 27-0254 (Act No. 7055).

Bill Number 27-0268 (no act).

Amendment to Act No. 6839.

Amendment to Bill No 27-1035.

28th Legislature

Bill Number 28-0030 (Act No. 7061).

29th Legislature

Amendment to BR11-1002

Amendment to Bill Number 29-0236

33rd Legislature

Bill Number 33-0292 (Act 8308). An Act providing for referendum vote on convening a constitutional convention.

Bill Number 33-0339 (Act 8325). An Act amending Act No. 8308 relating to a referendum to convene a constitutional conventions.

34rd Legislature

Bill Number 34-0153. An Act establishing the Sixth Constitutional Convention of the Virgin Islands

Source: Legislature of the Virgin Islands Bill Tracking. The tracking system only begins with the 21st Legislature.

Websites on 5th ConCon

University of Virgin Islands, Office of Self Determination and Constitutional Development. For this organization’s agenda, see Our Quest for a Territorial Constitution. Virgin Islanders Arise!, 2021. This organization received govrernment and other grants worth in total approximately $1 million to educate the public for both the 5th and proposed 6th constitutional conventions.

5th Constitutional Convention Website. Note: mot links don’t work and this appears not to have been a carefully maintained website from the start. Others trying to use the website contemporaneously appear to have had similar problems. This survey designed by the convention appears not to have generated reportable results.

Megan Poinski, the reporter who covered the constitutional convention for its first few years, compiled her articles along with an introductory statement here.

Reports on 5th ConCon

Roach, Tregenza, A Constitution for the United States Virgin Islands: The Role of the University of the Virgin Islands and Other Supporting Entities, Discussion Paper for Seminar on the Implementation of the Second International Decade for the Eradication of Colonialism, May 14 to 16, 2008.

James II, Gerard, Fifth Constitutional Convention: Transmittal of the Adopted Proposed Constitution to Governor de Jongh, May 31, 2009.

Campaign Finance Disclosures

None