Constitutional Convention delegates file suit against USVI governor
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| Published on Monday, June 15, 2009 |
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By Susan Mann
Caribbean Net News US Virgin Islands Correspondent
Email: susan@caribbeannetnews.com
ST THOMAS, USVI -- Delegates to the US Virgin Islands’ Fifth Constitutional Convention have reportedly filed suit against USVI Governor John deJongh, as a result of his refusal to forward the final constitutional draft to President Barack Obama for consideration.
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| USVI Governor John deJongh (C) speaking at a press conference on Thursday |
The Governor held a press conference on Thursday, June 11, to inform the public of his decision, and the reasoning behind it. During his speech, deJongh stated that the territorial convention must be “consistent with the sovereignty of the United States and the supremacy of the provisions of the Constitution, treaties and laws of the United States applicable to the Virgin Islands…”
The Governor said that, instead, “not only did the drafters of the Proposed Constitution fail to expressly recognize the supremacy of the US Constitution, but … stated that the (Virgin Islands) Constitution shall be the supreme law of the Virgin Islands.”
Also cited by deJongh was the inclusion of the much debated and written about, “native” Virgin Islander clause. A property tax exemption would be granted only to “native” Virgin Islanders, the right to vote on constitutional amendments would be restricted to “native” Virgin Islanders, and only “native” Virgin Islanders would be permitted to seek the offices of Governor and Lieutenant Governor.
On Friday, June 12, deJongh said that documents purporting to be “Writ of Mandamus” had been received by Government House on St Croix. The legal document, which had already been received by a Federal District Court located on St Croix, was immediately forwarded to the USVI Attorney General for review.
A written statement by Government House Communications Director Jean Greaux followed: “Several delegates of the Fifth Constitutional Convention have indicated that they did not authorize the President or Secretary of the Convention to file any legal action on behalf of the Convention.”
Greaux also clarified that the Convention Delegates are in recess and can be recalled “only in compliance with law.”
The action against deJongh was filed by Gerard Luz James II, Convention President, and Mary Moorhead, Convention Secretary, as well as the “Convention as a Whole.”
USVI Attorney General Vincent Frazer, in his 17-page legal opinion of the document for the governor, concluded, “If the constitutional draft is found not to be in conformity with Public Law 94-584, and the supremacy of the Constitution of the United States, you (the governor) have no duty to submit it to the President of the United States.“
Governor deJongh’s statement, including the press conference, the Attorney General’s opinion, and a copy of the proposed constitution are available at the governor’s website. | | | | Reads : 759 | | | |
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