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Project Director, Malík Sékou, Ph.D. (Simplified) REVISED ORGANIC ACT OF THE VIRGIN ISLANDS 1954 (Simplified) REVISED ORGANIC ACT OF THE VIRGIN ISLANDS 1954 (Simplified) REVISED ORGANIC ACT OF THE VIRGIN ISLANDS 1954 When UVI was founded in 1962, it was recognized that, as the sole institution of higher learning in the Territory, its role went beyond classroom instruction and granting degrees, as important as these are. Its mission was to serve as a resource that would enhance the general welfare of the community. It does so by engaging in a wide variety of outreach programs. This includes Civic Education that develops awareness of government and the ability of the people of the islands to participate in it. This publication is designed to do that by making widely available an important resource that can be utilized by the general public, scholars, educational institutions, civic organizations and political bodies, such as a proposed constitutional convention. Malík Sékou, Ph.D. The 1954 Revised Organic Act (amended) serves as the effective constitution of the United States Virgin Islands (USVI). Despite its importance in the political life of the Territory, it has not been available in a format that integrates the original document with the important changes (amendments) made to it. There is no version written in plain English that would enable the average person to understand it. There is no explanation of the historical and political context that explains why the islands are organized by a law passed by the U.S. Congress rather than a locally drafted and approved framework of government. And there is very limited public awareness of the Revised Organic Act and its importance, let alone access to it via the territory’s schools, libraries, civic organizations and/or institutions. Paul Leary, Ph.D. This publication is designed to raise awareness of the Revised Organic Act of 1954 as amended and its importance. By making it widely available it can become an important resource utilized by the general public, scholars, educational institutions, civic organizations and political bodies, such as a proposed constitutional convention. Patricia Welcome, Esq. Funded by the Community Foundation of the U.S.V.I. with a grant from the National Endowment of the humanities, 2021 SIMPLIFIED REVISED ORGANIC ACT OF 1954 (AMENDED) CONTRIBUTORS Paul Leary, Ph.D. Malík Sékou, Ph.D. Patricia Welcome, Esquire ADMINISTRATIVE & BUDGET MANAGER Dian Gréaux-Levons, CPM, LSSYB, CAP, OM Consulting Editor Linda Smith, Ph.D. Copyright © 2021 – Malík Sékou, Ph.D. All rights to this book are reserved. No permission is given for any part of this book to be reproduced, transmitted in any form or means: electronic or mechanical, stored in a retrieval system, photocopied, recorded, scanned, or otherwise. Any of these actions require the proper written permission of the Project Director. The Caribbean Writer Press University of the Virgin Islands College of Liberal Arts and Social Sciences P.O. Box 10,000 Kingshill, St. Croix, U.S.V.I. 00850-9781 Library of Congress Cataloging of Publication Data SIMPLIFIED REVISED ORGANIC ACT OF 1954 (AMENDED)/ M. Sékou ISBN: 978-1-7376533-0-1 (pbk) 1. U.S.V.I. self-determination 2. U.S.V.I. political status 3. Revised Organic Act of 1954 4. Virgin Islands political development 5. Insular Cases applied to U.S.V.I. 6. U.S.V.I. constitutional development ACKNOWLEDGEMENTS Throughout the process of compiling this simplified analysis and contextualization of the Revised Organic Act of 1954 as amended, we have been grateful for the enthusiastic responses we have received for our efforts to bring attention to a topic that hitherto remained largely unexplored. Our sincere thanks to the project’s principal participants, Dr. Paul Leary, Dr. Malík Sékou and Atty. Patricia Welcome, for their support of this project and for shepherding it so expertly through the various stages. Additionally, commendation goes out to Ms. Dian Gréaux-Levons, the Administrative and Budget Manager, for her administrative assistance and editing of the document. By virtue of its unique evolution, this project needed Ms. Gréaux- Levons with her background in Public and Office Administration. Similarly, thanks go out to Dr. Linda Smith for her assistance with editing the document. Finally, the project’s participants wish to extend their gratitude to Alscess Lewis-Brown and the Editorial Team at The Caribbean Writer for their work with the copyediting, layout and publication process. (Photo courtesy of Sean Krigger) The Liberty Bell commemorates the bicentennial of the U.S. Constitution. Replica bells, including the one pictured above on display at the Emancipation Garden in Charlotte Amalie, were distributed throughout the U.S. Table of Contents Preface...........................................................................................10 Section 1: Overview: The 1954 Revised Organic Act – Political and Historical Background....................................................................15 Sub-Section 1(a): Justification and Expansion of European Imperialism....................................................................................18 Sub-Section 1(b): Jim Crow and the Plessy v. Ferguson Case...........18 Sub-Section 1(c): Evidence of the Right to Trial in the Unincorporated Territory of the U.S. Virgin Islands................................................20 Sub-Section 1(d): The Harris v. Rosario Case..................................22 Sub-Section 1(e): The United States v. Pollard Case........................23 Sub-Section 1(f): Passage of the Organic Act of 1936.....................25 Sub-Section 1(g): The Constitutional Convention of 2009 - 2010........28 Sub-Section 1(h): Passage of Bill 33-0292......................................29 Sub-Section 1(i): The Establishment of the United Nations in 1945....30 Sub-Section 1(j): The United Nations Passes Resolutions 1514 and 1541 Declaring Decolonization......................................................31 Sub-Section 1(k): The Moolenaar v. Todman Case in the Third Circuit Court of Appeals (1970) and the Restructuring of the Virgin Islands’ Legislature......................................................................................33 Sub-Section 1(l): Conclusion..........................................................34 Sub-Section 1(m): Suggested Readings and References..................37 Section 2: Frequently Asked Questions and Answers.....................38 Section 3: Simplified Version of Revised Organic Act of 1954.........43 Section 4: Analysis of Revised Organic Act of 1954........................44 Section 5: Historic Case Tied to The Revised Organic Act of 1954: The Hosier v. Evans Case............................................................ 66 Addendum 1: List of Legal References....................................... 68 Addendum 2: Copy of the Original Revised Organic Act of 1954... 69 Addendum 3: About the Project Participants.......................... 176 Addendum 4: The Afterword................................................... 183 Simplified Revised Organic Act of 1954 (Amended) 10 PREFACE The 1954 Revised Organic Act (amended) serves as the effective constitution of the United States Virgin Islands (U.S.V.I.). Despite its importance in the political life of the Territory, it has not been available in a format that integrates the original document with the important changes (amendments) made to it. There is no version written in plain English that would enable the average person to understand it. Neither is there an explanation of the historical and political context which explains why the islands are organized by a law passed by the U.S. Congress rather than a locally drafted and approved framework of government. And there is very limited public awareness of the Revised Organic Act and its importance, let alone access to it via the territory’s schools, libraries, civic organizations and/or institutions. To remedy this situation, Dr. Malík Sékou, Professor of Political Science at the University of the Virgin Islands (UVI), in collaboration with Dr. Paul Leary, Professor Emeritus of Political Science (UVI), submitted a grant application to the Community Foundation of the Virgin Islands (CFVI). The grant was awarded on January 4, 2021. It was supported by a special National Endowment for the Humanities (NEH) Grant that the CFVI had acquired. Dr. Sékou was designated as the Chief Investigator with Dr. Leary as his associate. Following the receipt of the award, Atty. Patricia Welcome (UVI 1987) agreed to provide the legal input. To assist in the grant’s administration, Ms. Dian Gréaux-Levons was designated as the Administrative and Budget Manager, thereby completing an all-UVI Project Team. The Project Team worked in a collaborative manner, with all decisions made jointly. Initial responsibilities were divided PREFACE 11 based on expertise and the terms of the grant. Dr. Sékou provided overall administrative direction and took the lead in publicity, production of the publication in digital and non-digital formats, along with its distribution to relevant institutions and individuals. Dr. Leary drafted the initial version of the Introduction and other parts of the document, such as the Basic Questions and Answers section. Attorney Welcome focused on the integrated and plain language versions of the Revised Organic Act. The team worked collectively to craft language that would provide a simplified, but accurate version of the Revised Organic Act. The resources of UVI were utilized as necessary. Publicity was facilitated by UVI’s Office of Public Relations. The Library helped organize a collection of books to be made available to members of the general public who desire access to more in- depth materials. Publication was assisted by Ms. Gréaux-Levons (editing), along with Dr. Linda Smith (formatting and editing) and Alscess Lewis-Brown editor of The Caribbean Writer, who served as copy editor and facilitated the publication process. When UVI was founded in 1962, it was recognized that, as the sole institution of higher learning in the Territory, its role went beyond classroom instruction and granting degrees, as important as these are. Its mission was to serve as a resource that would enhance the general welfare of the community. It does so by engaging in a wide variety of outreach programs. This includes Civic Education that develops awareness of government and the ability of the people of the islands to participate in it. This publication is designed to do that by making widely available an important resource that can be utilized by the general public, Simplified Revised Organic Act of 1954 (Amended) 12 scholars, educational institutions, civic organizations and political bodies, such as a proposed constitutional convention. This publication would not have been possible without the financial support provided by the Community Foundation of the Virgin Islands, and the Project’s Team is grateful for that assistance, with the hope that they have played a useful part in fulfilling the Foundation’s mission to promote the well-being and capabilities of the people of the Virgin Islands. PREFACE 13 Forerunners of the University of the Virgin Islands Left to Right: Dr. Orville E. Kean, Governor Cyril Emanuel King, Dr. Lawrence C. Wanlass, Dr. Arthur A. Richards Dr. Orville Kean was inaugurated on March 16, 1990 as the third president of the university. Legislation to rename the St. Thomas Campus in his honor was signed into law by Governor Albert Bryan, Jr. on January 5, 2021. Governor Cyril Emanuel King (center) was the second elected governor of the U.S. Virgin Islands. Dr. Lawrence C. Wanlass was the first president of the then College of the Virgin Islands and served in that capacity from 1962 to 1980. Dr. Arthur A. Richards was inaugurated as the second president on Charter Day in 1981 Simplifi ed Revised Organic Act of 1954 (Amended) 14 UVI LEADERShIP Dr. La Verne E. Ragster, the fourth and fi rst female president of the University of the Virgin Islands and successor to Dr. Orville Kean, was inaugurated on March 16, 2003. The current President of the University of the Virgin Islands Dr. David Hall delivering his inauguration speech. He began his tenure as the fi fth president of the University of the Virgin Islands on August 1, 2009. SECTION 1 15 SECTION 1 Overview: The 1954 Revised Organic Act: Political and historical Background The Revised Organic Act of 1954 [68 Stat. 497 (July 22, 1954); V.I.C. Rev. Org. Act of 1954] serves as the territorial constitution of the United States Virgin Islands (U.S.V.I.). A constitution provides the framework for the government of a society. It prescribes how laws (legislation) are established. It stipulates how these laws are effectuated. In case of a confl ict about their meaning or application to a specifi c situation, a body is set up (a judiciary) with the power to decide on such matters. If changes need to be made to the basic document (amendments), a method to do so is provided. In the U.S. political tradition, constitutions are written and a democratic process of crafting, approving and amending it by a popular democratic process is prescribed. Likewise, the present constitution of the United States was drafted in 1787. After being approved by the requisite number of states, it went into effect in 1789. It has been amended 27 times since. Those who designed it were elected from the thirteen independent states that had gained independence from Great Britain in 1783, following the American Revolution. The fi rst attempt to establish a common government—the Articles of Confederation—was considered too weak to create an effective union. The new basic document set up a legislature (a Congress) which is comprised of two bodies: (1) The House of Representatives that was elected from the states based on their population. (2) The Senate which granted equal representation (two senators each) to all states, regardless of size or the number of inhabitants. The “great compromise” allowed for each state to have two senators per state, regardless of geographic size, and at least one house Simplified Revised Organic Act of 1954 (Amended) 16 representative per state, but based upon population (the greater the population the more the representatives). It enabled them to form a new national government. To carry out (“execute”) the laws passed by Congress, power was granted to the President chosen by electors from the various states. To adjudicate the laws, the Supreme Court was established with limited authority (subsequently greatly expanded via judicial precedence to include the power to review the constitutionality of laws). Lower courts were to be established through legislation. A means was established to amend the original document. The most common was to have a proposed change supported by a 2/3 vote of both houses of Congress, and then approved by 3/5 of state legislatures. States were free to establish their own constitutions to exercise the substantial powers they retained. These constitutions, however, had to be consistent with the federal one, and the laws and judicial decisions made under it. But once approved by the states’ voters, they could be altered without congressional approval. However, there was more involved than simply setting up a federal system composed of states. Some states had claims to lands situated west of their established boundaries--areas designated as territories. In addition, there was a considerable extent of land situated in what is now the American Midwest. It had been ceded to the United States by Great Britain in the Treaty of Paris (1783) that officially concluded the War of Independence. It was labelled a “Territory” with a specific legal meaning. The national legislature established under the Articles of Confederation, dealt with this area by passing the Northwest Ordinance, which was the established territorial policy. This federal policy divided the new territory into separate portions that would be granted limited self-government until they were admitted as states. This policy was adopted by the Congress established in 1789. Territories were thus not treated as unequal colonies in perpetual subservience to the existing SECTION 1 17 states. They were instead nascent states themselves, undergoing a process of political maturation. This policy was the means by which the original thirteen states were situated on the east Atlantic coast and became the present fifty states, spanning the continent of North America and extending far out into the Pacific Ocean. It should be noted that the governance of territories was not considered in any detail in the Constitution of 1787. Instead, it was simply left to the new Legislature to decide. Congress was given broad authority to admit new states and to govern territories in Article IV, section 3 which states: “New states may be admitted by the Congress into the Union...”; “The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States...” Until 1898, Congress followed the pattern set by the Northwest Ordinance, with some exceptions. For example, Texas did not go through a territorial phase. It was an independent republic still claimed by Mexico when it was admitted to the Union in 1845. The majority of new states were first governed by Congress as territories. Their inhabitants were considered U.S. Citizens and enjoyed all the rights that were derived from that status. For example, they were authorized to establish a local legislature. However, Executive powers, were vested in a governor appointed by Congress, as was the judiciary. Once admitted as states, former territories joined the federal union as equals to existing ones, with full self-government. Simultaneously, during the territorial phase, Congress retained the ultimate power to change existing arrangements, if it wished. The Congressional Laws that provided the framework of territorial government were known as Organic Acts. So, what happened in 1898 to change this pattern? The United States went to war with Spain. Following its victory, it acquired the Spanish Simplified Revised Organic Act of 1954 (Amended) 18 colonies of the Philippines, Guam, Cuba, and Puerto Rico under the terms of the Treaty of Paris in 1899. Shortly afterwards, Cuba was granted independence in 1902. The three remaining territories (the Philippines, Guam, and Puerto Rico) were “different” from the previous ones. They were inhabited by people with distinct cultures, religions and languages. Likewise, their tropical products, if freely admitted into the continental United States, could pose a threat to domestic interests, such as citrus and sugar farmers. A great debate then ensued about how these new “insular areas” should be treated. One school of thought held that the Constitution should follow the flag—that is, the inhabitants of the new possessions should be granted citizenship and enjoy all the rights pertaining to it. But there was an opposing view that finally prevailed. SUB-SECTION 1(a): The Justification and Expansion of European Imperialism During the late 19th century European imperialism expanded. In the case of the British empire, the rationalization to justify control over foreign peoples, was the notion of Anglo-Saxon superiority. This portion of humanity supposedly possessed an innate ability to govern and “civilize” peoples they deemed as inferior. There was a racial claim of White (European) Superiority. Such beliefs were widely held by members of the American political and intellectual elite. SUB-SECTION 1(b): Jim Crow and the Plessy v. Ferguson Case While the imperialist ideology of Anglo-Saxon superiority justified the international expansion of colonial control, there was also an important American variant. Following the end of the Period of Reconstruction (1865-1877), a system of racial segregation—Jim Crow—was established in the former Confederate States of the SECTION 1 19 Southern United States. It was based on the same notion of white racial superiority that justified imperialism. Legally sanctioned racial segregation would appear to violate the constitutional requirement of equal treatment of citizens which was provided by the 14th Amendment. But in the landmark decision of Plessy v. Ferguson [63 U.S. 537 (1896)], the U.S. Supreme Court ruled that as long as separate facilities for Blacks and Whites were “equal”, they satisfied constitutional requirements. It was not until 1954 (Brown v. Board of Education, 347 U.S. 483) that this measure was overturned. Separation based on racial categories was finally held to be inherently unequal and in violation of the 14th amendment. The Plessy v. Ferguson case established segregation in the United States. In what became the Insular Cases, the Supreme Court similarly held that there were, in actuality, two types of territories— Incorporated and Unincorporated. The former designation applied to those areas that Congress intended for eventual statehood. They were also largely populated by settlers from existing states, by no accident. The latter were different. They also belonged to (were “appurtenant to”) the United States, but they were not a part of it, and could be treated differently. The rights of citizenship did not automatically apply. While undefined “fundamental” rights such as the freedom of religion was guaranteed, everything else was up to Congress. The constitution did not follow the flag. The most important of these cases was the Downes v. Bidwell (182 U.S. 244,1901). It involved the importation of oranges from Puerto Rico into the mainland United States. If Puerto Rico was fully part of the country, this would violate the constitution’s requirement of the free movement of goods among states and territories (Article I, section 8, clause 3). Nevertheless, the Court held that the tariff could be levied. Why was this the case? This was the case because Puerto Rico was Simplified Revised Organic Act of 1954 (Amended) 20 an “Unincorporated” territory subjected to the almost unlimited authority of Congress. This designation is nowhere to be found in the Constitution of the United States. It was invented by the Court to accommodate an American form of colonialism based on an ideology of racial superiority. This was an accepted constitutional doctrine which was settled by the Supreme Court in the case of Balzac v. Puerto Rico (258 U.S.298,1922). This decision involved a matter much more important than oranges. Jesus Maria Balzac y Balzac was convicted of a felony in a proceeding that denied him the right to a trial by jury. This fundamental right had not been extended to Puerto Rico, when its government was established under the Jones Act (Public Law 64- 368, 39 Stat. 951) on March 2, 1917. Was it one of those fundamental rights that automatically applied to a state? After all, trial by a jury of your peers had deep roots in both English and American legal traditions. It was regarded as central to a system of justice that was designed to protect citizens from government abuse. In applying the unincorporated territory doctrine of Downes v. Bidwell, the Court decided not to honor the terms of the doctrine. The overarching view was that people of these unincorporated territories, were still too “uncivilized” to be entrusted with this power to self-govern. SUB-SECTION 1(c): Evidence of the Right to Trial in the Unincorporated Territory of the U.S. Virgin Islands The importance of the right to trial by jury was very evident in the unincorporated territory of the U.S. Virgin Islands. As a case in point, Rothschild Francis served as a civil rights leader, labor organizer and a journalist critical of the common abuses during the time when the U.S. Navy—a very racist institution—ran the islands between 1917 and 1931. Francis opposed the appointment of a prejudiced district court judge, George Washington Williams. The naval administration, SECTION 1 21 in alliance with Williams, conducted a legal vendetta against Francis, which tried him several times on charges such as libel and sentenced him to prison. His claim to be entitled to trial by jury was denied by Judge Williams himself. Obviously, a guilty judgment by Francis’ peers would be unlikely. Francis, rather than contend with continued persecution and harassment, chose self-exile to New York City, being effectively driven out of the Virgin Islands. A bust of him, pictured below, has been placed in downtown, Charlotte Amalie, while Judge Williams, has been long forgotten. Clearly, there is no doubt that the Virgin Islands is an unincorporated territory and has been treated as such, since its purchase from Denmark, in 1917. This was made clear in the Francis episode and more recently, in the case of the United States v. Camille Pollard, DVI- STT-STJ Case No. 2001-190, which was argued in the Federal District Court on St. Thomas, and a decision made on June 18, 2002. Rothschild Francis Statue (Photo courtesy of Rico Corneiro) Simplified Revised Organic Act of 1954 (Amended) 22 Anyone who has travelled to the mainland United States by air from either St. Croix or St. Thomas, is familiar with the immigration checkpoints established at both airports. Before boarding one’s flight, one must satisfy a federal official that one is an American Citizen or otherwise authorized to enter the United States, just as if one was travelling from a foreign country. This has become so familiar that little thought is given to how strange it is. Similarly, if one was flying from New York to California, no such impediment exists. One would have to present an acceptable form of identification, but not submit it to a formal immigration checkpoint. After all, one is simply moving from one part of the country to another. If the U.S.V.I. is fully a part of the U.S., why are travelers treated as if they are not? The reason for the latter is because of our political status as an unincorporated territory. Congress has the right to treat U.S. citizens from the U.S.V.I. in this manner, if there is a “rational” basis for doing so. Civil Right Leader Rothschild Francis made some of his pivotal speeches in this square which was renamed Rothschild Francis Square in his honor. For over two centuries, it was not only a former slave market but also produce market and community meeting venue. SUB-SECTION 1(d): The Harris v. Rosario Case This was the constitutional foundation for the Supreme Court’s decision of Harris v. Rosario (446 U.S. 651, 1980) in which Carmen Rosario Berrios, a U.S. Citizen from Puerto Rico, challenged the unequal treatment of that territory by Congress, which withheld Supplemental Security Benefits (SSI Aid to low-income people who are blind, disabled or elderly) that are extended to residents of the mainland. It was upheld by the Court. Congress could treat Puerto SECTION 1 23 Rico and its U.S. Citizens differently from a state, so long as there was a “rational” basis for doing so. Indeed, it is hard to conceive of a law that has no rational basis, no matter how unfair, and it also gives very wide discretion to Congress. SUB-SECTION 1(e): The United States v. Pollard Case The case of United States v. Pollard was heard by the Virgin Islands District Court on St. Thomas in November 2002. Ms. Camille Pollard had been detained at the immigration checkpoint at the Cyril E. King Airport. She was charged with an attempt to enter the United States using false documents that purported to support her claim to American citizenship. In deciding the case, Judge Thomas Moore did something unexpected. While he was constrained by the Supreme Court precedent in the Rosario decision, he took the position to harshly criticize the Insular Cases and their unincorporated territory theory. He dismissed them as, “ossified” and, “permeated by the racism and cultural superiority of a previous era of U.S. colonial expansion.” In considering whether St. Thomas Market Place Square, Circa 1936. (Source: Virgin Islands Public Library) Simplified Revised Organic Act of 1954 (Amended) 24 the immigration statute as applied to the U.S.V.I. was rational, he contended that it was not. He overturned Pollard’s conviction. However, in appeal, the Third Circuit Court overruled Moore. Not only was the immigration statute rational, but his discussion of the Insular Cases was, “not founded in evidence before the Court and not necessary to our ruling.” (326F.3d 397) The clear assumption is that the Insular Cases doctrine of un-incorporation, no matter how unsavory its origins, continues to be the law of the land for the U.S.V.I. and other U.S. territories. But Judge Moore was not alone in his criticisms of the Insular Cases. The original decisions were sharply criticized by Justice John Harlan. In his dissenting opinion in the case of Dorr v. United States [195 U.S. 138 (1904)], he warned that it would be an, “evil day for American Liberty” if the unincorporated doctrine prevailed. In recent times, the late Judge Juan Torruella, a member of the Third Circuit Court of Appeals, which has jurisdiction over the Virgin Islands and Puerto Rico, has been an outspoken critic in both his dissenting opinions and writings. In an article published in 2007, he harshly attacked the continued use of the Insular Cases as the controlling judicial precedent. “By its repeated decisions upholding the Insular Cases and their progeny, the Supreme Court has created what amounts to a political ghetto in the territories, from which there is no escape or political solution by its inhabitants because they lack the political power to influence the political institutions that can make the necessary changes to their situation.” He concluded: “[the] continued vitality of these cases represents a constitutional antediluvian anachronism that has created a de jure and de facto condition of political apartheid for U.S. citizens that reside in Puerto Rico and the other territories.” (The Insular Cases: The Establishment SECTION 1 25 of a Regime of Political Apartheid, University of Pennsylvania Journal of International Law, 2007). Congress finally passed an Organic Act for the U.S.V.I. (49 Stat. 1807) on June 22, 1936. Prior to that time, the territory had been placed under the control of the U.S. Navy from 1917 to 1931, when jurisdiction was transferred to the Department of the Interior. To the dismay of early political reformers in the U.S.V.I., the Danish Law of 1906 remained in effect until after the transfer to U.S. rule. It provided only very limited self-government by Colonial Councils, which comprised members appointed by the governor and representatives elected by a suffrage that was limited by property requirements and gender. The most important feature of the 1936 Organic Act was its provision of a much broader electorate. No longer was the right to vote confined to well-off men of “blameless character.” Now all men over the age of 21, regardless of socio-economic status could vote (the latter was followed by women’s suffrage in 1938). The only significant restriction was a requirement for English language literacy. Political parties, such as the Progressive Guide, were soon established and appealed to a mass base of support. The traditional control of political life by a local propertied elite was broken. Upward political mobility for the average person was now possible. At last, some democratic elements were introduced to the Government of the Virgin Islands. SUB-SECTION 1(f): Passage of the Organic Act of 1936 The passage of the 1936 Organic Act did not result solely from the benevolence of the federal government. Local political activists, including Rothschild Francis, Lionel Roberts and D. Hamilton Jackson, had fought for its enactment and enlisted the aid of outside Simplified Revised Organic Act of 1954 (Amended) 26 organizations such as the American Civil Liberties Union and The American Federation of Labor. They also worked with prominent civil rights organizations and Virgin Islands advocacy groups on the U.S. mainland. Thus, while residents of the Virgin Islands had no formal role in the adoption of the 1936 Organic Act, they played a major part in achieving its passage. Then in 1954, a revised version of the Organic Act was approved by Congress. Once again, as in 1936, there was very limited local input let alone approval. The Act continued the practice of appointed governors but did make some changes in internal government in the name of greater efficiency of operation. For example, the separate island councils for St. Thomas-St. John and St. Croix, established in 1936, were consolidated into a single body, or unicameral legislature, based in the capital, Charlotte Amalie, St. Thomas. One notable political reform was the elimination of the English literacy requirement for voting that had inhibited participation by Hispanic residents (who were and still remain a considerable portion of the St. Croix population). The most important provisions were economic, such as the return of federal taxes to the local treasury. Additionally, the extension of greater self-government, such as an elected governor were enacted in a piecemeal fashion (in the form of amendments to the 1954 Revised Organic Act, in which local input, was very limited). For the purpose of this provision, an important Congressional public law tied to the Revised Organic Act, gave authorization to adopt a locally crafted constitution (Public Law 94-584,90 STAT. 2899, Oct. 21, 1976). Prior to this law, two locally authorized constitutional conventions (1964 and 1971 respectively) were held. They called for several enhancements of local control, such as an elected governor SECTION 1 27 and congressional delegate. Both of these enhancements were subsequently accepted by Congress. Under the provisions of Public Law-584, an elected constitutional convention was empowered to adopt a basic law to replace the Organic Act. There were several conditions. Any such document had to be consistent with U.S. sovereignty and the supremacy of federal law. It had to provide for the three branches of government - executive, legislative and judicial – and it must contain a bill of rights. Delegates to the constitutional convention had to be U.S. Citizens and qualified voters. Once the document was drafted, it was to be presented to the governor, who would transmit it to the president. The president in turn, would forward it to Congress for final approval. Congress could call for changes if it wished. The constitution would then be returned to the Virgin Islands and a referendum would be held to accept it. A constitution was submitted to the voters of the U.S.V.I. in 1978, but it was rejected. Some speculate that its provision of extensive local self-government was to blame. Separate district assemblies for all three islands and possibly sub-districts with elected mayors. It was feared that it would add yet more bureaucracy and expense. Others contend that the public was uncertain about the consequences of adopting the law and preferred the familiar status quo. Another attempt to draft a local constitution was made in 1980. The U.S. Department of Justice requested that several changes be made prior to submission to Congress. The constitutional convention accepted them, and Congress then granted its assent to the proposed document. This was also the case in 1978, when placed before the public, and it failed. Simplified Revised Organic Act of 1954 (Amended) 28 SUB-SECTION 1(g): 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. SECTION 1 29 SUB-SECTION 1(h): Passage of Bill 33-0292 in May of 2020 In an effort to circumvent these obstacles, the Virgin Islands Legislature passed Bill 33-0292 on May 8, 2020. It called for a constitutional convention whose charge would be to simply adopt the Revised Organic Act of 1954 as the local constitution. This proposal was approved in a referendum in the November general election, by 80% of the voters. The main advantage of this approach is that once accepted by Congress, amendments could be made locally. Congressional approval of changes would not be necessary. However, the ultimate authority of Congress over the territory of the Virgin Islands would remain intact as would the supremacy of the national constitution, the laws made under it, and the judicial interpretations of both. From these observations, the Virgin Islands would remain subjected to the constraints of the unincorporated territorial status. But how legitimate is that political status and the degree of self- government conferred by the Revised Organic Act? In democratic theory, the basis for the control exercised by the government over its citizens, is the consent of the governed. That consent can be expressed by electing representatives, who pass the laws that apply to the members of the polity. In the case of the Virgin Islands, its citizens have no right to participate in the selection of the representatives of the national government which makes the laws that apply to them. They can vote for neither Senators or Representatives. Neither do they participate in the process of selecting the President. Their only voice is that of a Delegate to the House of Representatives, who cannot vote on the passage of bills. The 1954 Revised Organic Act itself, was adopted without any Simplified Revised Organic Act of 1954 (Amended) 30 local consent. Similarly, the amendments made to it are decided by Congress without any formal consultation with the residents of the U.S.V.I., let alone, a requirement of their approval. Nevertheless, a majority of citizens of the Virgin Islands accept their current association with the United States. In a political status referendum conducted in 1993, only 27.4% of registered voters participated, and they overwhelmingly supported the existing relationship. Independence received only 5% support, but the contradictions between the nature of that association and basic principles of democracy remain. Furthermore, there is an international, political and legal dimension that needs to be considered. SUB-SECTION 1(i): Establishment of the United Nations in 1945 When the United Nations was established in 1945, large parts of humanity were under colonial control. In recognition of this situation, its Charter (Chapter XI) called upon those members with colonies to assist in the establishment of their self-government, and to bear in mind, the political aspirations of their people. Member states were asked to submit the names of territories that were not self-governing (NSGTs). The list provided by the United States included: American Samoa, Alaska, Guam, Hawaii, Puerto Rico and the United States Virgin Islands. The Philippines was not listed because it had received its independence in 1946. Puerto Rico was removed in 1954 claiming the recently established Estado Libre Asociado (“Commonwealth”) which satisfied the need for self-government. (This is still contested today, not only by countries like Cuba, but by one of the major political parties of Puerto Rico, the pro-statehood New Progressive Party). In 2009, the United Nations Decolonization Committee called SECTION 1 31 upon the United States to allow the people of Puerto Rico to exercise their right to self-determination and independence. SUB-SECTION 1(j): The United Nations Passes Resolutions 1514 and 1541 Declaring Decolonization In 1960, the United Nations General Assembly passed Resolutions 1514 and 1541 that declared decolonization to be an international objective and self-determination to be an inherent human right. The latter could be achieved in three ways: independence, integration on equal terms with another state, and free association (an agreement to share power with another state, that could be terminated by either party to it). When Alaska and Hawaii were admitted as states in 1959, they were removed from the list of NSGTs. American Samoa, Guam, and the U.S. Virgin Islands remained. Of the original seventy-two NSGTs, (i.e., colonies) recognized in 1946, only seventeen still exist. This importance of such considerations can be dismissed on the ground that the Virgin Islanders appear to be satisfied with their connection to the United States and exercise a considerable degree of control over the local affairs that matter to them. There are also major financial benefits, such as the eligibility for federal programs without the need to contribute income taxes to the national treasury that funds them (other taxes such as Social Security are paid). But the undemocratic nature of the unincorporated territorial relationship and its connection to self-rule cannot be denied and continues to trouble those aware of it. In 2017, the Virgin Islands Delegate to the House of Representatives, Stacey E. Plaskett, proposed a joint resolution (H.J. Res. 91) that called for a constitutional amendment. It would provide a presidential vote Simplified Revised Organic Act of 1954 (Amended) 32 for the Virgin Islands, but not congressional representation. It was never approved. But even if it were, the obstacle presented by the lengthy and complex amendment process is a considerable one. If representation in Congress were to be included, the difficulties would be compounded. More recently, on March 21, 2021, Delegate Plaskett co-sponsored (along with most of the other unincorporated territory delegates and the Resident Commissioner of Puerto Rico) H.RES. 279 which calls for a rejection of the Insular Cases and their basis in the unincorporated territory doctrine. American Samoa declined to do so because of concerns about its impact on traditional rights. The resolution states, in part, that they, “are contrary to our Nation’s most basic constitutional and democratic principles, and should be rejected as having no place, in United States’ constitutional law.” Why should the legitimacy of the self-government bestowed by the 1954 Revised Organic Act even be discussed? Islanders show little interest in challenging its undemocratic aspects. The opinion of the international community is hardly salient at a time of, “America First.” But the issue will not go away. In the Declaration of Independence, the argument is made that the only proper basis for government is popular consent. Governments derive their, “just powers” from the consent of the governed. There is also a call for, “a decent respect to the Opinions of Mankind.” The Virgin Islands’ lack of national political participation and its continued presence on the United Nation’s list makes the Declaration’s words very relevant. The Revised Organic Act needs to be considered in that light. Since 1917, the people of the Virgin Islands have struggled to expand self-government within the limits set by their constitutional position. A quasi-dictatorial government by a racist Naval administration was replaced in 1936, by an Organic Act that provided for nearly universal suffrage and an elected legislature that led to the growth of SECTION 1 33 democratic politics. The Revised Organic Act of 1954, while limited in its impact on local political autonomy, did provide a sounder financial basis for government that was subsequently expanded through such means as the rebate of most federal excise taxes which were collected on locally produced rum. The 1954 Act was followed by a series of Congressional amendments and public laws that led to an elected governor, a lieutenant governor, an empowered legislature, an expanded judiciary, and greater fiscal power and economic decision- making. SUB-SECTION 1(k): Moolenaar v. Todman Case in the Third Circuit Court of Appeals (1970) and the Restructuring of the Virgin Islands Legislature Indeed, the Legislature gained greater authority to restructure itself according to [Public Law 89-548 § 1; 80 Stat. 37, amending 48 U.S.C. § 1571(b)] as interpreted by the Third Circuit Court of Appeals in the case of Moolenaar v. Todman, 433 F.2d 359 (1970). In separate Congressional actions, the Virgin Islands was provided with a delegate to Congress and authorization to draft and approve a constitution within the limits set by federal law. While efforts to do so have not succeeded thus far, there is a new approach that holds the promise of success. As previously noted, the voters of the Virgin Islands have approved the convening of a constitutional convention that would simply ask Congress to allow its own creation of the 1954 Revised Organic Act to serve as the local basic law. This would allow the Virgin Islands to considerably enlarge its authority over domestic affairs. Changes (amendments) could be crafted and adopted to deal with such important topics as the structure of the Legislature, separate legislative districts and expanded local government. Critical areas Simplified Revised Organic Act of 1954 (Amended) 34 such as environmental protections and cultural enhancement, could also be addressed. A modern territorial constitution based on the 1954 Revised Organic Act (as amended) would represent the positive step forward of more than a century of struggle to achieve greater self-rule for the people of the Virgin Islands. It would provide the basis for its further growth, based on local concerns alone. It would also be a meaningful step in the development of self-government for this U.S. territory in the 21st century. SUB-SECTION 1(l): Conclusion The Revised Organic Act of 1954 has been a flexible framework of government for Virgin Islanders. Its original intent was to improve the first Organic Act of 1936 that was itself an outcome of earlier agitation by Virgin Islands reformers. As is true of other territorial organic acts, the 1954 Organic Act is constrained by the Territorial Clause of the U.S. Constitution and the movement to adopt a Virgin Islands Constitution. It has been fueled also by a desire to enhance self-government and maximize the possible powers of the existing territorial status. The Accessible Revised Organic Act of 1954 Project provides a simplified version of the original document, its major amendments and related acts of Congress that established our current political system. A more detailed listing of amendments can be found in the link of the amended Revised Organic Act. This simplified version of the Revised Organic Act of 1954 does not address the numerous amendments that have impacted fiscal policy and economic growth due to their complexity. SECTION 1 35 LEADER IN ThE STRUGGLE FOR SELF DETERMINATION In this photo, David Hamilton Jackson speaks before a big crowd in Denmark in 1915. It was the fi rst time in Danish history that a black man had spoken in public to an audience. Jackson was an educator, lawyer, minister, editor and labor leader. Davd Hamilton Jackson (Source: Danish National Archives. In public domain in accordance with Danish Copyright laws: Consolidated Act No. 1144 of 23) Simplifi ed Revised Organic Act of 1954 (Amended) 36 FIRST WOMAN TO ATTEMPT TO VOTE IN ThE VIRGIN ISLANDS Edith L. Williams (August 17, 1887 – June 9, 1987) was a United States Virgin Islands educator, women’s rights activist, and suffragist. Williams was the fi rst woman who attempted to vote in the Virgin Islands and when she was denied the right to register, she petitioned the court along with Eulalie Stevens and Anna M. Vessup to review their qualifi cations. They won their case and subsequently women throughout the Virgin Islands who were literate and property owners were allowed to vote. A bust of Williams was installed in the Franklin Delano Roosevelt Veterans Memorial Park in Charlotte Amalie, and the James Madison Elementary School was renamed as the Edith L. Williams School in 1981 in her honor. Statue of Edith Williams (Photo courtesy of Rico Corneiro) SECTION 1 37 SUB-SECTION 1(m): SUGGESTED READINGS / REFERENCES • Boyer, William. (2010). America’s Virgin Islands: History of Human Rights and Wrongs. Retrieved from North Carolina Press. • Dookhan, Isaac. (1974). A History of The Virgin Islands of The United States. Retrieved from Caribbean Universities Press in association with the Bowker Publishing Company for the College of the Virgin Islands. • Immerwahr, Daniel. (2019). To Hide an Empire: A History of The Greater United States. Retrieved from Macmillan Publishing. • Krigger, F. Marilyn. (2017). Race Relations in The U.S. Virgin Islands. Retrieved from Carolina Academic Press. • Leary, M. Paul. (1992). United States Virgin Islands Major Political and Constitutional Documents 1671-1991. Retrieved from University of the Virgin Islands. • Roskin, Michael et al. (2017). Political Science: An Introduction. Retrieved from Pearson Publishing. Simplified Revised Organic Act of 1954 (Amended) 38 SECTION 2 FREQUENTLY ASKED QUESTIONS (FAQS) AND ANSWERS 1. What is an Organic Act? An Organic Act is a legal framework of government passed by Congress that organizes the way in which a Territory like the United States Virgin Islands or the Virgin Islands, is governed. Two Organic Acts were passed for the Virgin Islands. The first was approved in 1936. The second, known as the Revised Organic Act, was passed in 1954. It serves as our constitution and such a framework is expected to evolve. 2. What is a constitution? A constitution is a legal framework of government. In the U.S. experience, it is a written document that is crafted and approved by the electorate. It determines how laws are passed, how they are carried into effect, and how disputes about their meaning and application are resolved. It lays out the framework or structure of government such as the branches of the government. In the U.S. model, there are three separate coequal entities. Federal Laws are passed by the legislative branch, the Congress, which is composed of two bodies namely, the House of Representatives, and the Senate. They are carried into effect, “executed” by the President and the Executive Branch. Disputes about their meaning and application are resolved by the Judicial Branch. Changes to the constitution can be made following a set process (amendments). Similarly, the rights of citizens are protected by specific provisions, such as the guarantee of the freedom of speech. 3. Why does the U.S.V.I. have an Organic Act as its constitution? The U.S.V.I. is an organized unincorporated territory of the United States. This means that Congress has very broad power over all aspects of our political life, including the basic framework of government. SECTION 2 39 The only limit is that fundamental human rights cannot be violated. If we were a state, we would be governed by a state constitution that its citizens had drafted and approved, without consultation with Congress, and may change without its approval. 4. What is the importance of the 1936 Organic Act? Prior to the passage of the Organic Act of 1936, the Virgin Islands had been governed by the Danish Colonial Law of 1906. It was in effect when the Virgin Islands was transferred in 1917. General administration was placed in the hands of the Navy until transferred to the Department of the Interior in 1931. The major political impact of the Organic Act of 1936 was to establish a local legislature with branches or municipal councils on St. Thomas-St. John and St. Croix. Council members were chosen by all U.S. Citizens (male) over the age of 21, who were literate in English. This broadened local government authority and led to the formation of popular based political parties and leadership. 5. What is the importance of the 1954 Revised Organic Act? The major political change the Revised Organic Act effected was to abolish the separate municipal councils and consolidate power in a single body/unicameral legislature (the Senate) based in the capital, Charlotte Amalie, St. Thomas, and to remove the English Language restriction on voting. It sought to provide a better financial footing for the islands by such measures as returning federal income taxes to the local treasury. It also gave the new legislature the power to expand the judicial branch. 6. What important changes to the Revised Organic Act have been made since 1954? An organic act is a living document, and the Revised Organic Act of 1954 was amended several times to expand and reform the framework Simplified Revised Organic Act of 1954 (Amended) 40 of government. All reforms were directly tied to political pressure and lobbying from the Virgin Islands. Major reforms include: The Elective Governors Act of 1968 which provided for an elected Governor and Lieutenant Governor and allowed the expansion of the U.S. Constitution. Congress also passed Public Law 98-454 which allowed the Judicial Branch to acquire greater legal power and jurisdiction over local legal matters. 7. Why are we still governed by the 1954 Revised Organic Act? Five attempts have been made to draft a local constitution. The first two attempts failed because they were not authorized by Congress. The third and fourth constitutional drafts did not win majority approval in local referenda. The fifth effort never reached the final stage of submission to a referendum. This was largely occasioned by disagreement about the constitutionality of provisions relating to native rights, U.S. sovereignty, and the supremacy of Federal Laws. 8. What is the future of the 1954 Revised Organic Act? In the November 3, 2020 election, a referendum on supporting the adoption of the Revised Organic Act of 1954, or portions thereof, to serve as the basis of a new Territorial Constitution was approved. In this referendum, 7,745 voters voted Yes, and 2,840 voters voted No. Its mandate would be simply to adopt the 1954 Revised Organic Act as the local constitution, or portions of the Organic Act with its amendments. This mandate would end the need for prior congressional approval of future changes. However, the approach itself would require congressional acceptance and any amendments would still have to conform to Federal Law. Notably, Congress would retain its ultimate authority to reject any amendments in the unlikely event it wished to do so. SECTION 2 41 9. What are the major criticisms of the 1954 Revised Organic Act? The legal basis for the Act is the broad authority Congress exercises over unincorporated territories like the U.S.V.I. That power derives from a series of Supreme Court Cases decided at the turn of the 20th century (the Insular Cases). They were rooted in doctrines of racial superiority which were popular at the time, but now are thoroughly discredited. However, the court cases based on these doctrines - the Insular Cases - remain the controlling legal precedent. In addition, the Congress that exercises this power contains no U.S.V.I. representative elected by the people of the U.S.V.I., that has the same full voting power as other House of Representatives members. Delegates to Congress only have partial voting rights which increase or decrease based on the party that is in power. Virgin Islanders do not have the right to vote for the President. This lack of a presidential vote as well as full congressional representation violates the basic democratic principle that the authority of government rests on the consent of the governed. 10. Why is awareness of the provisions of the 1954 Revised Organic Act important? Self-government is only possible, if the citizens of a society are informed about the nature of the political institutions in which they operate and are expected to obey. The 1954 Revised Organic Act is the basic framework within which all political activity in the U.S.V.I., takes place. Civic Education requires that it be both widely available and understood. 11. Why don’t we simply adopt the 6th Constitution? The process for the adoption of the constitution is over. There was a window of opportunity for addressing the changes, and it ended. Simplified Revised Organic Act of 1954 (Amended) 42 12. How does the adoption of a constitution based on the Revised Organic Act of 1954 address our political status or self- determination? Adopting a constitution does not necessarily mean a territory has made any substantive change in political status and/or self-determination. In the U.S.V.I., our experience in building an autonomous or self- governing society, has been that we maximize our rights and privileges as a U.S. Territory. For us to meet U.N. standards, there must be a referendum that provides the options of integration as a state, free association, or independence. SECTION 3 43 SECTION 3 SIMPLIFIED VERSION OF THE REVISED ORGANIC ACT OF 1954 (Amended) Introduction The Revised Organic Act of 1954 was passed by the U.S. Congress to provide a basic legal framework, essentially The Constitution, for the U.S. Virgin Islands, or simply the Virgin Islands. This 1954 Organic Act was an improvement of the previous Organic Act of 1936. It gave greater powers to the Territorial Government. For the original document see: https://www.loc.gov/law/help/statutes-at-large/74th-congress/ session-2/c74s2ch699.pdf The Revised Organic Act of 1954 has been amended in several important ways, since its original enactment. In order to make this fundamental law more accessible to the People of the Virgin Islands, a shortened and simplified version has been created. Those seeking greater detail or clarification are encouraged to refer to the section(s) that contain the original language and the Foot Notes. A copy of the original Revised Organic Act of 1954 can be found on Addendum 3 and can also be accessed at: https://www.govinfo.gov/content/pkg/STATUTE-68/pdf/ STATUTE-68-Pg497.pdf The latest version of the 1954 Revised Organic Act can be found in this link from Lexis: VIRGIN ISLANDS CODE UNANNOTATED Public Access | Constitution Main Page (lexis.com) Here is a link taken from the V.I. Board of Elections website: RevOrganicAct_1954.pdf (vivote.gov) The simplified, accessible Revised Organic Act of 1954 is based on the latest version. Simplified Revised Organic Act of 1954 (Amended) 44 SECTION 4 ANALYSIS OF THE REVISED ORGANIC ACT OF 1954 (Amended) 1. GENERAL PROVISIONS The Act applies to the geographical area acquired from Denmark in the Treaty ratified by the U.S. Senate on September 7, 1916 (St. Croix, St. Thomas, St. John, Water Island, and the adjacent islands and cays). The powers of the government of the Virgin Islands are those provided by this Act. The capital is established at Charlotte Amalie, St. Thomas. General federal responsibility for the Virgin Islands is vested in the Department of the Interior. 2. BILL OF RIGHTS The Bill of Rights protected by the U.S. Constitution is extended to the Virgin Islands. These rights include due process and equal protection of the law; habeas corpus; no unreasonable searches and seizures; freedom of speech; press; assembly; religion, and all others listed by Congress. 3. VOTING QUALIFICATIONS All voters in the Virgin Islands must qualify as follows: • You must be a Virgin Islands resident. • You must be a citizen of the United States. • You must be 18 years of age or older (the age was lowered from 21 years due to Act No. 2887). • There are no property, language or income requirements. (This revised the English language requirement for voters found in the 1936 Organic Act and this change expanded the electorate). • There is no discrimination on the basis of race, color, sex or religious belief. SECTION 4 45 4. SUPERVISION OF ELECTIONS The administration of elections is the responsibility of the Board of Election established by the Government of the Virgin Islands and popularly elected. The Offi ce of the Supervisor of Elections is required to maintain offi ce on St. Thomas, St. John and St. Croix. Simplified Revised Organic Act of 1954 (Amended) 46 MUNICIPAL COUNCIL LEADERSHIP IN 1937 5. THE LEGISLATURE There are currently fifteen (15) Senators within the Legislature. See Section 5, subsection (a) for original configuration of eleven (11) members in which five (5) were District Senators and six (6) were At-large Senators. This has changed three times due to local court challenges tied to apportionment. Two-year Term Legislators serve a two-year term and there are no term limits. Conrad Corneiro was a founding Chairman of the Municipal Council in St. Thomas in 1937. (Source: Courtesy of Rico Corneiro) SECTION 4 47 Structure As determined by local law, Act 3221 passed in 1972, two legislative districts were established: St. Croix and St. Thomas-St. John. Seven (7) senators from each district are elected district-wide, and one (1) at-large senator is elected territory-wide. This sole at-large senator must be a bona fi de resident of St. John. The Senators from the front to the back, left to right are: Senator Novelle E. Francis, Jr., Senator Genevieve R. Whitaker, Senator Donna A. Frett-Gregory, Senator Marvin A. Blyden, Senator Dwayne M. DeGraff, Senator Alma Francis Heyliger, Senator Samuel Carrión, Senator Franklin D. Johnson, Senator Carla J. Joseph, Senator Janelle K. Sarauw, Senator Kenneth L. Gittens, Senator Steven D. Payne, Sr., Senator Javan E. James, Sr., Senator Kurt A. Vialet, and Senator Milton E. Potter. (Source: Courtesy of the 34th Legislature) Simplified Revised Organic Act of 1954 (Amended) 48 Qualifications All senatorial candidates must: • Be U.S. Citizens. • Be 21 years of age, or older. • Be qualified voters. • Be three-year V.I. residents prior to the date of election. • Have no felony or conviction charges. Immunity Only the Legislature can hold a member accountable for comments made in speech or debate. Compensation Senators’ pay started with an initial amount, but it has changed as determined by Virgin Islands Law. Sessions Regular sessions are held annually beginning on the second Monday in January and continuing for the period decided by the Legislature. Special sessions may be called by the Governor and only items specified by the Governor, can be considered during these sessions. All sessions are held in the capital, Charlotte Amalie, and are open to the public. Method of Voting Approvals are attained by a majority of members of the Legislature who are present and vote on measures. The number of members required to be present (a quorum) will be determined by law. Currently, eight members constitute a quorum. SECTION 4 49 Governor’s Message At the beginning of each regular session, the Governor shall submit a message on the state of the territory, and a proposed budget for the fiscal year. Governor’s Approval To become a law, bills must be approved by the Governor. If the Governor objects to a bill, it will be returned to the Legislature (“vetoed”). The Legislature may, by a two-thirds vote, override the Governor. In the case of bills that contain several items of appropriation, the Governor may sign specific items into law, but return others. To become law, those returned items, must be approved by a two-thirds vote (the “item veto”). However, there is a provision in the Revised Organic Act of 1954 which states that a bill can become law if the Governor fails to return it to the Legislature within ten days. Journal Every bill passed by the Legislature shall be entered in an Official Journal, with voting details. Transmission to Congress All laws passed annually shall be transmitted to the Secretary of the Interior and Congress. Simplifi ed Revised Organic Act of 1954 (Amended) 50 OFFICIAL SyMBOL OF ThE OFFICE OF ThE GOVERNOR The Prototype of the Offi cial Symbol of the Offi ce of the Governor (Source: Virgin Islands Public Library–Project Introspection) The gold discs symbolize the seven nations that controlled the islands at one time or another. The triangular disc with the three pearls symbolizes the three major islands. It was commissioned by the eighth Legislature of the U.S. Virgin Islands to commemorate Melvin Evans, the territory’s fi rst elected governor. SECTION 4 51 (Source: Virgin Islands Public Library—Project Introspection) Symbolic Chain of Offi ce is presented to Governor Melvin H. Evans by Senate President John L. Maduro (Daily New Photo) Simplified Revised Organic Act of 1954 (Amended) 52 FORMER GOVERNORS Melvin Herbert Evans (August 7, 1917 – November 27, 1984) served as the appointive and the first elected Governor of the United States Virgin Islands from 1969 to 1975. David Earle Maas was his first Lt. Governor from July 1, 1969 – February 20, 1973 when the seat became vacant. Senate President Claude Molloy served as acting Lt. Governor until Athniel C. Ottley served from April 5, 1973 – January 6, 1975. Ottley switched party affiliation from Democrat to Republican on May 27, 1974, to run for a full term as Evans’ Lt. Governor in the 1974 gubernatorial election. Cyril Emanuel King (April 7, 1921 – January 2, 1978) served as the second elected governor of the United States Virgin Islands from 1975 until his death in 1978. He briefly served as acting governor in 1969, following the resignation of Governor Ralph M. Paiewonsky. His Lt. Governor was Juan F. Luis. Juan Francisco Luis (July 10, 1940 – June 4, 2011) served as the third elected Governor of the U.S. Virgin Islands. He assumed the governorship on January 2, 1978, succeeding Governor Cyril King, who died in office. He held the governor’s office from 1978 until 1987, becoming the longest- serving governor in the history of the U.S. Virgin Islands. Henry Millin was Lt. Governor in his first term and Julio Brady in his second term. Alexander Anthony Farrelly (December 29, 1923 – September 10, 2002) served as Governor of the United States Virgin Islands from 1987 to 1995. His Lt. Governor was Derek A. Hodge. Left to right: Juan F. Luis, Alexander Farrelly, Cyril Emanuel King, Melvin H. Evans. (Source: The Virgin Islands Daily News) SECTION 4 53 Roy Lester Schneider as the fifth elected Governor from January 5, 1995 to January 4, 1999. Kenneth Mapp served as his Lt. Governor. Charles Wesley Turnbull served as the sixth elected Governor from 1999 to 2007. Gerard Luz James II was Lt. Governor in his first term and Vargrave Richards was Lt. Governor in his second. John Percy de Jongh, Jr. served as the seventh elected Governor from 2007 to 2015. Gregory R. Francis was Lt. Governor. Kenneth Ezra Mapp served as the eighth elected Governor of the United States Virgin from 2015 to 2019. Osbert Potter was his Lt. Governor. Left to right: Roy L. Schneider, Charles W. Turnbull, John deJongh, Jr. and Kenneth Mapp Simplifi ed Revised Organic Act of 1954 (Amended) 54 6. ThE GOVERNOR AND LIEUTENANT GOVERNOR Election The Governor and the Lieutenant Governor are chosen jointly by a majority vote, or a run-off election between the two-top vote- getters to obtain a majority, if necessary. Term of Offi ce The Governor and Lieutenant Governor hold office for a term of four (4) years. Term limits The Governor and Lieutenant Governor can serve two (2) successive terms and may serve for another if one (1) term has intervened before the election. [For example, Juan Luis served two consecutive terms and completed Cyril E. King’s term (1978-1986), and after a term of the Alexander Farrelly-Derek Hodge Administration, Luis ran for governor a third time with Bingley Richardson in 1990]. Commencement of Term-of-Offi ce The Governor and Lieutenant Governor commence their term-of-offi ce on the fi rst Monday in the month of January following the election. Governor Albert Bryan, Jr. is the 9th elected Governor of the U.S. Virgin Islands since January 2019. SECTION 4 55 Eligibility To run for the Office of Governor or Lieutenant Governor, one must be: • An eligible voter for five (5) consecutive years immediately before the election. • A bona fide resident. • A U.S. Citizen. • Thirty years of age or older. The Governor shall have supervision of all parts of the Executive Branch (departments, bureaus, agencies, and other instrumentalities). He/she shall have the ability to: • Grant pardons. • Veto legislation. • Appoint and remove officers and employees of the executive branch (subject to limitations of federal or local law). • Carry into effect U.S. and local law. • Respond to disasters, invasion, insurrection, or violence, by calling out the militia or requesting federal military aid. • Declare martial law (subject to revocation by a two-thirds vote of the Legislature). Annual Report of Governmental Transactions to the Secretary of the Interior The Governor sends pertinent fiscal information to the Inspector General of the Department of Interior. Section 30 of the 1954 Revised Organic Act states that all reports required by law to be made by the Governor to any official of the United States, must be made to the Secretary of the Interior. Matters relating to the judicial branch are placed under the supervision of the Director of the Administrative Offices of the Simplified Revised Organic Act of 1954 (Amended) 56 United States Courts, and matters relating to the U.S. Attorney and the U.S. Marshal are under the supervision of the Attorney General. Other Powers The Governor shall have the power to issue Executive Orders and recommend Bills to the Legislature. Removal from Office The Governor can be removed from office due to recall. To remove the Governor, a 2/3 majority is necessary to support a referendum of voters who participated in the election that elected him /her. Governor Albert Bryan, Jr. met with U.S. House of Representatives, Rep. Nancy Pelosi (D-California) to discuss U.S.V.I. issues. (October 2019, Government Archives) SECTION 4 57 Office of the Lieutenant Governor The Office of the Lieutenant Governor exercises powers and duties assigned by the Governor of the Virgin Islands (See Section 11 in the Elective Governor’s Act). In addition, VI Code Section 22, subsection 51(a) and 51(b), provides that the Lieutenant Governor is also the Commissioner of Banking and Insurance. Temporary Disability or Absence of the Governor In situations where the Governor will be absent from the territory or has a temporary disability, the Powers of the Governor are exercised by the Lieutenant Governor. Permanent Vacancy in the Office of the Governor In a situation where the Governor is unable to carry out his duties due to resignation, removal by recall, permanent disability, or death, the Lieutenant Governor shall assume office until the next election and appoints a new Lieutenant Governor with the advice and consent of the Legislature. 7. JUDICIARY Judicial Power is vested in the Federal District Courts established for St. Thomas-St. John and St. Croix. The judges are appointed for a ten- year term, with authority over matters of federal law and most local law. Lower inferior courts also have judicial power and they have been Lt. Governor Tregenza Roach Simplified Revised Organic Act of 1954 (Amended) 58 created by the local legislature. Originally, the Federal District Courts heard local, civil, and criminal cases that exceeded the limits set on local courts jurisdiction as described below. Municipal Courts, as established by local law, had a limited jurisdiction over civil cases (not more than $500) and criminal cases (imprisonment for no more than six months or fines less than $100). These courts were expanded and in 1976, they were replaced by Territorial Courts with the limits on local cases, still in place. In 1984, Public Law 98-454, 98 STAT. 1735 amended the Revised Organic Act, authorizing the Legislature to remove the limits over local cases. It did so in 1990 (4 V.I.C. 76). In 2004, after additional jurisdiction was acquired, the Territorial Courts became the Superior Courts. In 2016, the Legislature established Act No.7888 to establish a Supreme Court to hear appeals from the Superior Court. In effect, the Territorial Court System now closely resembles that of U.S. State Courts. U.S. Virgin Islands Supreme Court Justices from left to right: Associate Justice Maria M. Cabret, Chief Justice Rhys S. Hodge, Associate Justice Ive Arlington Swan SECTION 4 59 8. INITIATIVE AND RECALL Initiative Eligible Voters shall have the ability to enact, amend, or repeal any law, by means of petitioning in the following manner: (a) A petition should be submitted to the Supervisor of the Board of Elections, who determines if it contains the requisite number of signatures. (b) A Titling Board then prepares the ballot title, wording of the question(s), and summary of the proposal. (c) The petition must receive signatures equal to at least 10% of the voters of each legislative district, or 41% of all voters. (d) The Legislature has 30 days to approve or reject the proposal. (e) If the Legislature does not approve the Petition, it is submitted to the voters. (f) The Petition takes effect if approved by a majority of those voting, but a majority of the voters of the Virgin Islands must actually vote on the initiative. Recall An elected official may be removed from office by a Recall Election for lack of fitness, incompetence, neglect/dereliction of duty, or corruption, by means of the following protocol: (a) An election initiated by a 2/3 vote of the Legislature, or a petition signed by at least 50% of the votes cast for the office in the last election for that office. The Supervisor of Election determines if the petition contains the requisite number of valid signatures. (b) A special election is held in which the recall is approved by 2/3 of the number of persons voting for that office in the last election and those voting constitute a majority of all those participating. The Supervisor of Elections determines if the required numbers have been met. Simplified Revised Organic Act of 1954 (Amended) 60 9. PUBLIC FINANCE AND DEBT The Legislature is authorized to float bonds based on property valuation. Bonds are to be based on 10% of the total appraised property taxes. These bonds may be used for public infrastructural improvement. General Obligation Bonds can be used for public good. Mirror Taxation Income derived in the Territory and abroad by bona fide residents, can be retained in the Treasury of the Virgin Islands. Federal Internal Revenue Taxes on products manufactured in the Territory are returned (particularly Rum Excise Taxes) to the Treasury of the Virgin Islands. These tax remittances are based on a matching basis. Income Taxes collected by the Internal Revenue Service are matched and sent to the Treasury of the Virgin Islands. This power is found in Section 29 and has been broadened due to Congressional amendments and local law. The foreign content of goods coming from the Virgin Islands was increased from 20 to 50 percent, to allow free entry into the U.S. Mainland. Expenditure of these funds are to be approved by the U.S. President or his designee. 10. FEDERAL TERRITORIAL LAWS APPLICABILITY The President will appoint a commission of seven (7) persons in which three (3) are to be Virgin Islanders, to review the applicability of Federal Laws in the Territory. For the legally required separability of provisions, see last section 36. 11. U. S. CITIZENSHIP AND LOYALTY U.S. Citizenship is a requirement for all senior government officials. Initially this was required for all government employees and a loyalty SECTION 4 61 oath was mandatory. This was repealed in 1956. The last amendment was Dec. 8, 1983, (Public Law 98-213, § 5 (a), 97 Stat. 1460). The District Court ruled in the case of Chapman v. Gerard, 8 V. I. 41 (DCVI 1970) that the congressional proscription against non-citizen government “officials” contained in Section 29 was not intended to include those, who are more properly termed, “employees.” 12. PUBLIC PROPERTY The Secretary of the Interior may dispose of public property of the Territorial Government. This provision allowed the transfer of important federal properties and provided much needed space for the Territorial Government. 13. AGRICULTURAL AUTHORITY In 1954, Federal prohibition of importing diseased livestock and domesticated animals was extended to protect local agriculture and public health. 14. REPORTS BY THE GOVERNOR TO THE DEPARTMENT OF INTERIOR AND ROLE OF COMPTROLLER The Virgin Islands government is required to provide an accurate accounting of Territorial Finances based on federal grants received, and locally derived funds. At first, this requirement was a feature of the greater federal oversight and power, through the appointed Governor and a powerful Comptroller, who determined expenditure. With this authority, the Comptroller in concert with the U.S. President and appointed governors, had overwhelming power. However, this Comptroller position was replaced by a less powerful Inspector General in 1979. Simplified Revised Organic Act of 1954 (Amended) 62 15. RELEVANT CONGRESSIONAL LAWS THAT IMPACT THE VIRGIN ISLANDS’ POLITICAL SYSTEM The U.S. Congress provided for constitutional development and a Delegate to Congress. By authorizing the Territorial Legislature to call a Constitutional Convention to draft a local constitution that will govern territorial affairs, it provided greater authority to the local political system. See Public Law 94-584, October 21, 1976. Provisions The Territorial constitution must be consistent with U.S. sovereignty and law, and must provide the following: • A republican form of government with three (3) branches: executive, legislative and judicial. • A Bill of Rights. • A system of local courts. Approval The proposed constitution is submitted to the Governor, who forwards it to the President, who in turn transmits it (with comments) to Congress. The latter has sixty (60) days to approve it (with any desired modifications). The document then must be ratified by a local referendum. The Legislature passed ACT 8308 on May 1, 2020 to convene a Sixth Constitutional Convention to consider adopting the Revised Organic Act of 1954 as the Constitution, if this approach was approved by a referendum. This approval was obtained at the November 3, 2020 General Election. This approach seeks to complete our quest for a Territorial constitution. SECTION 4 63 16. DELEGATE TO CONGRESS In 1972, the Virgin Islands won the right for a non-voting Delegate to Congress. This Delegate position was a result of local lobbying and activism. In 1968, Virgin Islanders elected a new position of Washington Representative. Ron de Lugo won and lobbied for a new Federal position of U.S.V.I. Delegate to the House of Representatives. Delegate to Congress Stacey E. Plaskett (above) represents the United States Virgin Islands’ At-large Congressional District in the United States House of Representatives. She currently serves on the House Ways and Means Committee, the House Budget Committee and the House Committee on Agriculture where she serves as the Chair of the Subcommittee on Biotechnology, Horticulture and Research. She made history on the U.S. Senate floor when she became the first non- voting delegate to the U.S. House of Representatives to serve as an impeachment manager during former President Donald Trump’s second impeachment trial. (Source: Office of the Delegate) Simplified Revised Organic Act of 1954 (Amended) 64 Congress supported this goal, and with Guam, the Virgin Islands gained a Delegate in 1973. See Public Law 92-271, 86 Stat. 118, of April 10, 1972, authorizing a Non-voting Delegate to serve in the House of Representatives. Features The Delegate to Congress is elected by a majority of Virgin Islands’ voters for a two-year term. Qualifications for this position includes being: • 25 years of age or older. • A U.S. Citizen for at least seven (7) years. • A resident of the U.S. Virgin Islands. Privileges Privileges awarded under the Rules of the House of Representatives include salary /compensation, committee vote, staff, transportation expenses, and all related costs. The current Delegate, Stacey Plaskett, has been able to acquire additional power and authority due to her party affiliation (Democrat) and a growing desire to empower Territorial Delegates. The Congressional Delegate Act, Public Law 92-271 was in response to two previous Constitutional Conventions that the Virgin Islands’ People had organized without Congressional support. The political mobilization from these two conventions also helped to mobilize pressure for the Elective Governor Act, and the very authorization to formulate a Territorial Constitution to reflect the will of the People. Delegate Stacey Plaskett was appointed to the powerful House Ways and Means Committee in December of 2020. She replaced Congressman John Lewis (D-GA). Republicans and Democrats have been supportive of all Virgin Islands’ Delegates since 1973, regardless of their partisan ties. SECTION 4 65 U.S. Virgin Islands Delegates to Congress DELEGATE PARTy yEARS Ron de Lugo Democratic 1973 – 1979 Melvin H. Evans Republican 1979 – 1981 Ron de Lugo Democratic 1981 – 1995 Victor O. Frazer Independent 1995 – 1997 Donna Christian-Christensen Democrat 1997 – 2015 Ron de Lugo testifi ed before congress of “the need for more offi cial territorial representation for the Virgin Islands” and after the passage of Public Law 92-271 was signed into law by President Richard Nixon, Ron de Lugo was the fi rst to serve and went on to become the U.S. Virgin Islands’ longest serving delegate to the U.S. House of Representatives. Doctor Melvin Herbert Evans (August 7, 1917 – November 27, 1984) served not only as the appointive, and the fi rst elected Governor of the United States Virgin Islands but also, after serving as governor, he was delegate to the United States House of Representatives. Attorney Victor O. Frazier served one term as Delegate to the U.S. House of Representatives. Doctor Donna Marie Christensen was the fi rst woman to represent the U.S. Virgin Islands in Congress, and was also the fi rst female medical doctor to serve in Congress. Simplified Revised Organic Act of 1954 (Amended) 66 SECTION 5 HISTORIC CASE TIED TO THE REVISED ORGANIC ACT OF 1954 Hosier v. Evans U.S. District Court for the District of the U.S. Virgin Islands 314 F. Supp. 316 (D.V.I. June 26, 1970) This landmark District Court case needs mention, as it addresses the application of the principles of due process and equal protection, found in the Revised Organic Act of 1954, and the historic Brown v. Board of Education decision. In the Hosier v. Evans, a school-aged girl, namely, Laverne Hosier, with other school-aged children of legal immigrant status, filed suit for admission into the V.I. public schools. Although this case addressed public school policies of the era and it successfully transformed the existing policies, the ruling set in motion greater socio-political changes. Judge Christian’s ruling affirmed the inalienable right for all school-aged children to receive public education in the U.S. Virgin Islands. This mitigated the overt discrimination against non-U.S. residents of the Eastern Caribbean. In the early 1970’s, this ruling led to an expansion of public education and its related development of new schools. It also fostered the consolidation of family life and acculturation of all immigrants. This allowed the domicile issue to be resolved in their favor, for the material fact of permanence for thousands of Eastern Caribbean residents. This reality allowed for the mass naturalization of 1982. Delegate to Congress, Ron de Lugo, pushed through the Virgin Islands Non-Immigrants Alien Adjustment Act, which became law on September 30, 1982. The bill addressed the issue of illegal immigration by ending the temporary worker program, except for temporary workers who performed at the annual carnival, by putting SECTION 5 67 legal immigrants who had resided in the Virgin Islands since June 30, 1975, on the path to citizenship. This mass naturalization ensured stability and allowed greater participation in the U.S.V.I. Territorial political system, civic life, economy, and culture. Simplified Revised Organic Act of 1954 (Amended) 68 ADDENDUM 1 LIST OF LEGAL REFERENCES • Organic Act of 1936, 49 Stat. 1807 (June 22, 1936) • Revised Organic Act of 1954, 68 Stat. 497 (July 22, 1954) • The following are subsequent amendments by Congress to the Revised Organic Act of 1954: • Public Law 85-851, 68 STAT. 497 (August 28, 1958) • Public Law 92-271, 86 STAT. 119 (April 10, 1972) • Public Law 94-584, 90 STAT. 2899 (Oct. 21,1976) • Public Law 98-213, 97 STAT. 1459 (Dec. 8, 1983) • Public Law 98-454, 98 STAT. 1732 (Oct. 5, 1984) • Public Law 99-396, 100 STAT. 837 (Aug. 27, 1986) • Public Law 99-514, 100 STAT. 2095 (Oct. 22, 1986) • ***1986 Amendments to Tax Code • Act 7888 • Act 3221 • Act 8308 • Virgin Islands Code (V. I. C.) ADDENDUM 2 69 ADDENDUM 2 REVISED ORGANIC ACT OF 1954 Simplified Revised Organic Act of 1954 (Amended) 70 ADDENDUM 2 71 Simplified Revised Organic Act of 1954 (Amended) 72 ADDENDUM 2 73 Simplified Revised Organic Act of 1954 (Amended) 74 ADDENDUM 2 75 Simplified Revised Organic Act of 1954 (Amended) 76 ADDENDUM 2 77 Simplified Revised Organic Act of 1954 (Amended) 78 ADDENDUM 2 79 Simplified Revised Organic Act of 1954 (Amended) 80 ADDENDUM 2 81 Simplified Revised Organic Act of 1954 (Amended) 82 ADDENDUM 2 83 Simplified Revised Organic Act of 1954 (Amended) 84 ADDENDUM 2 85 Simplified Revised Organic Act of 1954 (Amended) 86 ADDENDUM 2 87 Simplified Revised Organic Act of 1954 (Amended) 88 ADDENDUM 2 89 Simplified Revised Organic Act of 1954 (Amended) 90 ADDENDUM 2 91 Simplified Revised Organic Act of 1954 (Amended) 92 ADDENDUM 2 93 Simplified Revised Organic Act of 1954 (Amended) 94 ADDENDUM 2 95 Simplified Revised Organic Act of 1954 (Amended) 96 ADDENDUM 2 97 Simplified Revised Organic Act of 1954 (Amended) 98 ADDENDUM 2 99 Simplified Revised Organic Act of 1954 (Amended) 100 ADDENDUM 2 101 Simplified Revised Organic Act of 1954 (Amended) 102 ADDENDUM 2 103 Simplified Revised Organic Act of 1954 (Amended) 104 ADDENDUM 2 105 Simplified Revised Organic Act of 1954 (Amended) 106 ADDENDUM 2 107 Simplified Revised Organic Act of 1954 (Amended) 108 ADDENDUM 2 109 Simplified Revised Organic Act of 1954 (Amended) 110 ADDENDUM 2 111 Simplified Revised Organic Act of 1954 (Amended) 112 ADDENDUM 2 113 Simplified Revised Organic Act of 1954 (Amended) 114 ADDENDUM 2 115 Simplified Revised Organic Act of 1954 (Amended) 116 ADDENDUM 2 117 Simplified Revised Organic Act of 1954 (Amended) 118 ADDENDUM 2 119 Simplified Revised Organic Act of 1954 (Amended) 120 ADDENDUM 2 121 Simplified Revised Organic Act of 1954 (Amended) 122 ADDENDUM 2 123 Simplified Revised Organic Act of 1954 (Amended) 124 ADDENDUM 2 125 Simplified Revised Organic Act of 1954 (Amended) 126 ADDENDUM 2 127 Simplified Revised Organic Act of 1954 (Amended) 128 ADDENDUM 2 129 Simplified Revised Organic Act of 1954 (Amended) 130 ADDENDUM 2 131 Simplified Revised Organic Act of 1954 (Amended) 132 ADDENDUM 2 133 Simplified Revised Organic Act of 1954 (Amended) 134 ADDENDUM 2 135 Simplified Revised Organic Act of 1954 (Amended) 136 ADDENDUM 2 137 Simplified Revised Organic Act of 1954 (Amended) 138 ADDENDUM 2 139 Simplified Revised Organic Act of 1954 (Amended) 140 ADDENDUM 2 141 Simplified Revised Organic Act of 1954 (Amended) 142 ADDENDUM 2 143 Simplified Revised Organic Act of 1954 (Amended) 144 ADDENDUM 2 145 Simplified Revised Organic Act of 1954 (Amended) 146 ADDENDUM 2 147 Simplified Revised Organic Act of 1954 (Amended) 148 ADDENDUM 2 149 Simplified Revised Organic Act of 1954 (Amended) 150 ADDENDUM 2 151 Simplified Revised Organic Act of 1954 (Amended) 152 ADDENDUM 2 153 Simplified Revised Organic Act of 1954 (Amended) 154 ADDENDUM 2 155 Simplified Revised Organic Act of 1954 (Amended) 156 ADDENDUM 2 157 Simplified Revised Organic Act of 1954 (Amended) 158 ADDENDUM 2 159 Simplified Revised Organic Act of 1954 (Amended) 160 ADDENDUM 2 161 Simplified Revised Organic Act of 1954 (Amended) 162 ADDENDUM 2 163 Simplified Revised Organic Act of 1954 (Amended) 164 ADDENDUM 2 165 Simplified Revised Organic Act of 1954 (Amended) 166 ADDENDUM 2 167 Simplified Revised Organic Act of 1954 (Amended) 168 ADDENDUM 2 169 Simplified Revised Organic Act of 1954 (Amended) 170 ADDENDUM 2 171 Simplified Revised Organic Act of 1954 (Amended) 172 ADDENDUM 2 173 Simplified Revised Organic Act of 1954 (Amended) 174 ADDENDUM 2 175 Simplifi ed Revised Organic Act of 1954 (Amended) 176 ABOUT ThE PROJECT CONTRIBUTORS ABOUT THE PROJECT CONTRIBUTORS 177 Malík Sékou, Ph.D.,was born and raised on St. Thomas, U.S. Virgin Islands. His education included public education in the Virgin Islands school system, the University of the Virgin Islands, and University of Delaware. He holds a doctorate in Political Science and has worked extensively in the Virgin Islands political system - academia, consultancy, and public education. Dr. Sékou worked in the Offi ce of Historic Commission on Political Status and Federal Relations (1992-1993) as the Associate Director of Public Education in the St. Thomas-St. John district. During this period, he engaged in numerous seminars, interviews, speaking engagements, and discussions on political status. He served as a co-host of the TV series, “Choose or Lose” and worked to mobilize support for public participation in the 1993 referendum on political status and federal relations. In the aftermath, Dr. Sékou participated in virtually all serious discussions on political status and federal relations in the Territory. He is a sought-after speaker on this issue as well as the related topic of constitutional development in the Territory. His articles on burning political issues and related topics have been noted in William Boyer’s, America’s Virgin Islands. He has participated in local elections as a candidate for the Senate as well as Lieutenant Governor. He also served as an elected Member of the Board of Education. He is presently a full professor of Political Science and History at the University of the Virgin Islands. Simplifi ed Revised Organic Act of 1954 (Amended) 178 Paul Leary received his Ph.D. in Political Science from Rutgers University in 1966. He served as a faculty member and administrator at the University of the Virgin Islands (UVI) for over thirty years, beginning in 1969. Upon his retirement, the University’s Board of Trustees awarded him the title of Professor Emeritus of Political Science in recognition of his service. Dr. Leary focused his academic work on the issue of the political status of the Virgin Islands and served as the Director of Public Education for the Virgin Islands Commission on Status and Federal Relations. In partnership with the University of Guam, he organized two national conferences on the relationship between U.S. territories and the national government, that included representatives from all the insular areas as well as prominent scholars. Among his publications is, “Major Political and Constitutional Documents of the United States Virgin Islands, 1671-1992”. ABOUT THE PROJECT CONTRIBUTORS 179 Patricia Welcome, Esq., received her law degree from Thurgood Marshall School of Law at Texas Southern University in Houston, Texas in 1990, and a BA in Caribbean Studies from the University of the Virgin Islands in 1987. She has been practicing law in the U.S. Virgin Islands for more than thirty (30) years. Her legal career started as the last Law Clerk to the Honorable Eileen R. Petersen; the fi rst female Judge of the then Territorial Court of the Virgin Islands [n/k/a Superior Court]; Assistant Legal Counsel at the Legislature of the Virgin Islands; some twelve years in the private sector as a personal injury litigator in complex environmental toxic tort cases, insurance defense litigation, and immigration defense; and, more than fourteen years as the agency attorney for the Virgin Islands Department of Human Services. She is also past president of the Virgin Islands Bar Association. Although retired from the active practice of law, Attorney Welcome now utilizes her legal training and experience as a public policy consultant and as a Certifi ed Civil and Family Law Mediator in the U.S. Virgin Islands. Simplifi ed Revised Organic Act of 1954 (Amended) 180 Linda Smith, Ph.D., was born on St. Thomas, U.S. Virgin Islands. She is the proud mother of Jiva and Justin Niles. She was raised on Anguilla, where she began her educational journey and taught for 10 years before pursuing a Bachelor’s Degree in English at the University of the Virgin Islands, and graduated in May of 2004. She then went on to pursue a Master of Arts Degree at the University of Puerto Rico, Mayaguez campus where she worked as a graduate teaching assistant. Upon the completion of her master’s degree in English Education, she sought employment with the Government of the U.S. Virgin Islands as a secondary school teacher of English and English as a Second Language. Additionally, she worked part time at the University of the Virgin Islands between 2013 and 2015, as an adjunct member of faculty teaching English Composition in the College of Liberal Arts and Social Sciences. She acquired her Ph.D. in Anglophone Caribbean Literatures and Languages at the University of Puerto Rico, Rio Piedras in 2018. ABOUT THE PROJECT CONTRIBUTORS 181 Dian Gréaux-Levons, CPM, LSSYB, CAP, OM, was born and raised on the island of St. Kitts. She moved to St. Thomas, U.S. Virgin Islands in 1991, after having lived on St. Maarten, and Tortola, in the British Virgin Islands for many years. She is the proud mother of Danny and Sasha (Levons) Culpepper, and the Nanna of two wonderful grandsons, Dufferin and Danilo Culpepper. She presently works at the University of the Virgin Islands, at the College of Liberal Arts and Social Sciences as an Administrative Specialist. She is a Certifi ed Public Manager, and holds a Lean Six Sigma Yellow Belt, as well as an Administrative Professional Certifi cation with an Organizational Management Specialization. She loves spending time in her kitchen creating many delicacies and is presently in the process of writing a children’s book, as well as dabbling in the e-commerce industry. Simplifi ed Revised Organic Act of 1954 (Amended) 182 Government House, St. Thomas. (Source: Virgin Islands Public Library, circa 1954) THE AFTERWORD 183 THE AFTERWORD The Simplified Revised Organic Act of 1954 as amended serves as an edification tool for not only Virgin Islanders, but also can serve to inform our neighbors in the broader Caribbean region, about our journey towards self-determination and the formulation of a Virgin Islands’ Identity. Besides simplifying the many laws that undergird the governance of the territory, it also traces the political history of the U.S. Virgin Islands since becoming a territory of the United States in 1917. Simultaneously, the Simplified Revised Organic of 1954 as amended, chronicles [the U.S. Virgin Islanders’] efforts to establish a voice in crucial socio-political matters. The Virgin Islands government is organized under the provisions of the Revised Organic Act of 1954 and the Treaty of the Danish West Indies of 1916. By simplifying the language in that document, this simplified version is poised to play an important role in ensuring wider access and a deeper understanding of the premise for some of the proposals advanced in the Fifth Constitutional Convention’s proposal for a constitution for the United States Virgin Islands. While the U.S. government returned the 2009 draft to the territory the following year with recommended changes in the work to be done going forward, this publication can play a role in educating the people in the areas to which these recommended changes point. As a final note, this Simplified Revised Organic Act of 1954 as amended is testament to the essence of the proverbial adage, “Where there is a will, there is a way!” The will of Virgin Islands people has charted the way forward in past struggles, and it is our hope that this publication will help to brighten the path on the way forward in this place we love, and call home! Simplifi ed Revised Organic Act of 1954 (Amended) 184 An example of a letter sent on October 6, 1916, from David Hamilton Jackson to the Danish Minister of Finance, Edvard Brandes. (Source: Danish National Archives). THE AFTERWORD 185 There are two photos featured here. The red well featured in the top photo is the current well, situated in the Water Gut area in Christiansted, St. Croix. Wells were popular venues for gatherings since they were places where people regularly drew water for personal and family use. As a result, community leaders used them as platforms from which they would share information or rally people to a cause. The black and white photo attached is of that same well, while in use at the time, taken Circa 1936. Photo courtesy of Chalana Brown, Director of VI Cultural Education