USVI Public Records

Document text

PUBLIC LAW 94-584^0CT. 21, 1976 90 STAT. 2899 Public Law 94-584 94th Congress An Act To provide for the establishment of constitutions for the Virgin Islands and Guam. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assernbled. That the Congress, recognizing the basic democratic principle of government by the con- sent of the governed, authorizes the peoples of the Virgin Islands and of Guam, respectively, to organize governments pursuant to con- stitutions of their own adoption as provided in this Act. SEC. 2. (a) The Le^slatures 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 pro- visions of the Organic Act and Revised Organic Act of the Virgin Islands and the Organic Act of Guam 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, 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) : Pro- vided^ however^ That no person shall be eligible to be a member of Oct. 21,1976 [H.R. 9460] Virgin Islands and Guam. Constitutions. 48 use 1391 note. 48 use 1391 note. 48 use 1406m, 1541 note. 48 use 1421 note. 48 use 1391 note. '^: 90 STAT. 2900 PUBLIC LAW 94-584—OCT. 21, 1976 Proposed constitutions, submittal to governors and President. 48 u s e 1391 note. Transmittal to Congress. 48 u s e 1391 note. Submittal to voters. 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. 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 com- ply with the requirements set forth in section 2(b) above. Such con- stitutions shall be submitted to the President of the United States by the Governors of the Virgin Islands and Guam. SEC. 5. Within sixty c^endar 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 consti- tution, in each case, shall be deemed to have been approved b^ the Congress within sixty days after its submission by the President, unless |)rior 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 con- ducted as provided under the laws of the Virgin Islands and Guam, respectively, (enacted after the date of enactment of this Act). Upon approval by not less than a majority of the voters (counting only the affirmative or negative votes) participating in such referendums, the constitutions shall become effective in accordance with their terms. Approved October 21, 1976. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-507 and No. 94-507 pt. 2 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-1033 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD: Vol. 121 (1975): Oct. 6, considered and passed House. Vol. 122 (1976): July 20, considered and passed Senate, amended. Sept. 22« House concurred in Senate amendment with an amendment. Oct. 1, Senate agreed to House amendment.