A joint resolution to approve a Constitution for the United States Virgin Islands.
PL 97-21 (H.J.Res.238), enacted 07/09/1981

PUBLIC LAW 97-21—JULY 9, 1981 
95 STAT. 105 
Public Law 97-21 
97th Congress 
Joint Resolution 
To approve a Constitution for the United States Virgin Islands. 
Whereas the Congress, recognizing the basic democratic principle 
of government by the consent of the governed enacted PubHc 
Law 94-584 authorizing the peoples of the Virgin Islands to 
organize a government pursuant to a constitution of their own 
adoption; and 
Whereas a constitution to provide for local self-government for the 
peoples of the United States Virgin Islands has been sub-
mitted to the Congress pursuant to the provisions of Public 
Law 94-584; and 
Whereas, on April 24, 1981, the Virgin Islands Constitutional Con-
vention recommended certain amendments to said proposed 
constitution: Now, therefore, be it 
Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the Constitution for 
the United States Virgin Islands is approved for submission to the 
people of the Virgin Islands in accordance with the provisions of 
Public Law 94-584 (90 Stat. 2809) as follows: 
PREAMBLE 
We the people of the United States Virgin Islands, grateful to 
Almightly God for our creation, preservation, and freedom, assuming 
the responsibilities of self-government in political union with the 
United States, and in order to promote more unity among our islands 
for ourselves and our posterity, promote the general welfare, protect 
the fundamental rights and freedoms of the individual, ensure 
political, social and economic justice, maintain a representative 
democratic government, protect our culture and natural resources, 
and preserve the identity of the Virgin Islands, do ordain and 
establish this Constitution. 
July 9, 1979 
[H.J. Res. 238] 
48 u s e 1541 
note. 
48 u s e 1541 
note. 
48 u s e 1541 
note. 
eonstitution for 
the United 
States Virgin 
Islands. 
48 u s e 1541 
note. 
90 Stat. 2899. 
48 u s e note 
prec. 1391. 
48 u s e 1541 
note. 
ARTICLE I. BILL OF RIGHTS 
FUNDAMENTAL RIGHTS 
SECTION 1. The dignity of the human being is inviolable. No person 
shall be deprived of life, liberty or property without due process of 
law or be denied the equal protection of the laws. No person shall be 
discriminated against on account of race, color, sex, place of birth, 
social origin, or political or religious belief. 
48 u s e 1541 
note. 
FREEDOM OF RELIGION, SPEECH, PRESS, ASSEMBLY AND PETITION 
SECTION 2. No law shall be enacted respecting an establishment of 
religion, or prohibiting the free exercise thereof, or abridging the 
freedom of speech or of the press, or the right of the people peaceably 
48 u s e 1541 
note. 
95 STAT. 106 
PUBLIC LAW 97-21—JULY 9, 1981 
to assemble, and to petition the Government for the redress of 
grievances. 
RIGHT OF PRIVACY 
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SECTION 3. The right of the people to privacy in the conduct of their 
"° 
personal affairs is recognized and shall not be infringed. 
RIGHT TO KNOW 
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SECTION 4. A person may examine any public document or observe 
"°^^ 
the deliberations of any agency of Government, subject to reasonable 
limitation as may be provided by law, including protection of the 
right of privacy. 
SEARCHES AND SEIZURES 
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SECTION 5. The right of the people to be secure in their persons, 
"°*^^ 
houses, papers, and other possessions against unreasonable searches 
and seizures and against invasions of privacy shall not be violated. No 
warrant for arrest or search shall issue but upon probable cause, 
supported by oath or affirmation, and particularly describing the 
place to be searched, thing to be seized, or person to be arrested. 
Interception of communications by eavesdropping devices or other 
means is prohibited, unless authorized by warrant issued under 
terms and conditions provided by law. Evidence obtained in violation 
of the rights of the accused as set forth in this section shall not be 
admissible as affirmative evidence against the accused in a criminal 
trial. 
R
I
G
H
T
S O
F THE A
C
C
U
S
E
D 
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SECTION 6. (a) In all criminal prosecutions, the accused shall be 
"°^^ 
presumed innocent until proven guilty beyond a reasonable doubt, 
shall have the right to a speedy and public trial, and where the 
penalty may be imprisonment for more than six months, the right to 
trial by an impartial jury; to be informed of the nature and cause of 
the accusation; to have the assistance of counsel, and where the 
accused may be imprisoned, the assistance of counsel at public 
expense if necessary; to have compulsory process for obtaining 
witnesses, and to be confronted by the witnesses against him. 
(b) Any person who is subjected to a custodial police interrogation 
shall, before he is questioned, be advised that he has a right to remain 
silent, that any statement that he makes may be used as evidence 
against him, and that he has the right to the presence of an attorney, 
either retained or appointed. 
(c) Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel or unusual punishment inflicted. All persons shall be 
presumed to be bailable, and such presumption shall be overcome 
only by a preponderance of the evidence, established by the Govern-
ment, that the accused may flee the jurisdiction or that the granting 
of bail would constitute a hazard to the community. 
(d) No person shall be twice put in jeopardy for the same offense or 
be compelled in any criminal case to be a witness against himself. The 
failure of an accused to testify shall not be taken into consideration or 
commented upon to the detriment of the accused. 
(e) All civil rights shall be restored to a person convicted of an 
offense upon the completion of any sentence served, which shall 
include any period of probation or parole. 
PUBLIC LAW 97-21—JULY 9, 1981 
95 STAT. 107 
PROHIBITION OP SLAVERY 
SECTION 7. Slavery and involuntary servitude are prohibited, ^8 use i54i 
except in the latter case as a punishment for crime after the accused "
°
*
® 
has been diiy convicted. 
NO IMPRISONMENT FOR DEBT 
SECTION 8. No person shall be imprisoned or suffer forced labor for 48 use i54i 
debt. 
"°*^ 
HABEAS CORPUS 
SECTION 9. All persons have the right to the writ of habeas corpus. ^^^^^^ ^^^^ 
LABOR 
SECTION 10. (a) All persons shall have the right to organize and 48 use i54i 
bargain collectively, to strike and to picket, and to engage in other ^°^-
lawful concerted activities subject to reasonable limitations to protect 
the health, welfare, and safety as may be provided by law. 
(b) Public employees engaged in services essential to the public 
health or safety may have the right to strike in accordance with law. 
(c) All public employees and all employees of an individual private 
employer shall have the right to equal pay for equal work: Provided, 
however, That the phrase equal pay for equal work shall not be 
construed as requiring the equality of salaries, compensation, or 
benefits between public employees doing substantially equal work 
represented by different labor organizations. 
(d) All employees shall have the right to reasonable protection 
against injuries in work or employment. 
(e) The employment of children in any occupation injurious to their 
health, morals, or general welfare, or which places them in jeopardy 
of life or limb is prohibited. 
PROTECTION OF PROPERTY 
SECTION 11. Private property shall not be taken for public use 48 use i54i 
without the payment of 
just compensation. 
^°^^-
RESTRICTIONS ON LEGISLATION 
SECTION 12. No ex post facto law, bill of attainder, or law impairing 48 use i54i 
the obligation of contracts shall be enacted. 
"
°
*
® 
QUARTERING OF SOLDIERS 
SECTION 13. No soldier, in time of peace, shall be quartered in any 48 use i54i 
house without the consent of the owner, nor in time of war, except as ^°^^-
provided by law. 
TRIAL BY JURY 
SECTION 14. Trial by jury shall be preserved, but the Senate by law 48 use i54i 
may authorize the trial of civil causes by a jury of no less than six "°*^ 
persons. 
RESERVATION AND IMPLEMENTATION OF RIGHTS 
SECTION 15. The preceding enumeration of rights shall not be 48 use i54i 
construed restrictively nor shall it be construed to deny or disparage "
°
*
® 
95 STAT. 108 
PUBLIC LAW 97-21—JULY 9, 1981 
other rights retained by the people. The Senate shall provide by law 
for the implementation and enforcement of this Article. 
ARTICLE n. PRINCIPLES OF GOVERNMENT 
REPUBLICAN FORM OF GOVERNMENT 
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SECTION 1. The Government of the Virgin Islands shall be republi-
"°*^ 
can in form and shall consist of three branches: legislative, executive, 
and judicial. 
ETHICAL STANDARDS 
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SECTION 2. Officers and employees of the Government shall be 
'^°*® 
devoted to serving the public interest and shall observe and maintain 
the highest ethical standards. A code of ethics applicable to all public 
officers and employees shall be established by law. 
CAPITAL 
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SECTION 3. The capital of the Virgin Islands shall be Charlotte 
note. 
Amalie, St. Thomas. 
ANTHEM, FLAG, AND SYMBOLS 
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SECTION 4. An anthem, flag, seal, bird, flower, fish, and tree of the 
"°*^ 
Virgin Islands, each of which shall symbolize the history and culture 
of the people, shall be provided by law. Within one year of the 
effective date of this Constitution, the Senate shall provide for the 
implementation of this section. Once established by law, the anthem, 
flag, seal, bird, flower, fish, and tree, shall be incorporated and 
considered a part of this Constitution. 
ARTICLE III. CITIZENSHIP 
DEFINITION OF A VIRGIN ISLANDER 
48 use 1541 
SECTION 1. A Virgin Islander is— 
^°^- 
(a) a person born in the Virgin Islands, or 
(b) a person who is a descendant of at least one parent who was 
born in the Virgin Islands. 
CITIZENSHIP 
48 use 1541 
SECTION 2. Citizens of the Virgin Islands are— 
"°*® 
(a) all persons born in the Virgin Islands and subject to the 
jurisdiction thereof; or 
(b) all persons born outside of the Virgin Islands who are 
citizens of the United States, and who have been domiciled in the 
Virgin Islands for at least one year; or 
(c) all former Danish citizens who, on January 17,1917, resided 
in the Virgin Islands of the United States, and were residing in 
those islands or in the United States or Puerto Rico on February 
25, 1927, and who did not make the declaration required to 
preserve their Danish citizenship by Article 6 of the treaty 
entered into on August 4, 1916, between the United States and 
Demark, or who, having made such a declaration, have hereto-
fore renounced or may hereafter renounce it by a declaration 
before a court of record, or 
PUBLIC LAW 97-21—JULY 9, 1981 
95 STAT. 109 
(d) subject to the enactment of appropriate Federal legislation, 
all persons born in the Virgin Islands residing outside of the 
United States, its territories, and possessions between January 
17,1917, and June 28,1932, and not subject to the jurisdiction of 
the United States, and who are not citizens or subjects of any 
foreign country. 
ARTICLE IV. SUFFRAGE AND ELECTIONS 
RIGHT TO VOTE 
SECTION 1. Every citizen of the United States and the Virgin Islands 48 use i54i 
eighteen years of age or older and registered to vote in the Virgin ^ 
Islands shall have the right to vote. No property, language, literacy, 
or income qualifications may be imposed, but a minimum period of 
residency in the Virgin Islands may be required by law. Persons who 
are adjudged mentally incompetent, or serving a sentence after 
conviction of a felony may be disqualified from voting by law. 
REGULAR GENERAL ELECTION 
SECTION 2. The regular general election of the Virgin Islands shall 48 use i54i 
be held on the first Tuesday following the first Monday of November ^ 
in each even numbered year. The Governor, Lieutenant Governor, 
and members of the Senate shall be elected at a regular general 
election. Other elections, initiative, referenda, and matters with 
respect to election procedures shall be as provided by law. 
DATE OF TAKING OFFICE 
SECTION 3. The Governor and Lieutenant Governor elected at a 48 use i54i 
regular general election shall take office on the first Tuesday follow- "°*^ 
ing the first Monday in January following the election. All other 
public officials elected at a regular general election shall take office 
as provided by law. 
OATH OR AFFIRMATION 
SECTION 4. No political or religious test, other than an oath or 48 use I54i 
affirmation to support the Constitution and laws of the Virgin Islands "°*^ 
and the Constitution and laws of the United States applicable to the use prec. title i. 
Virgin Islands, shall be required as a qualification for public office. 
COMPENSATION 
SECTION 5. Elected officials sheill receive compensation as provided 48 use I54i 
bylaw. 
"°*^ 
ARTICLE V. LEGISLATIVE BRANCH 
LEGISLATIVE POWER 
SECTION 1. The legislative power of the Virgin Islands is vested in a 48 use I54i 
unicameral body designated the Senate of the Virgin Islands and ^°^^-
shall extend to all subjects of legislation consistent with this Consti-
tution and the Constitution and laws of the United States applicable 
to the Virgin Islands. To the extent not inconsistent with the use prec. title i. 
Constitution and laws of the United States, this Constitution and 
laws of the Virgin Islands enacted under it shall be the supreme law 
of 
the Virgin Islands. 
95 STAT. 110 
PUBLIC LAW 97-21—JULY 9, 1981 
48 u s e 1541 
note. 
COMPOSITION OF THE SENATE 
SECTION 2. The Senate shall consist of fifteen members to be known 
as Senators. The Senate shall provide for district and at-large 
Senators in accordance with law: Provided, That there shall be no 
more than four at-large Senators and the legislative districts of St. 
Croix, St. John, and St. Thomas each shall be represented. District 
Senators shall be elected for a term of two years, eind at-large 
Senators for a term of four years. 
48 u s e 1541 
note. 
48 u s e 1541 
note. 
REAPPORTIONMENT 
SECTION 3. (a) At least once every ten years and within one hundred 
and twenty days of publication of an official census, the Senate shall 
be reapportioned by law as required by changes in the distribution of 
residents on each island. A reapportionment plan may divide a 
legislative district and shall provide for representation by each 
Senator of approximately the same number of residents, while 
ensuring representation for each island. 
(b) If the Senate fails to reapportion, the appellate court shall have 
original and exclusive jurisdiction to promulgate a reapportionment 
plan. 
QUAUPICATIONS OF SENATORS 
SECTION 4. A Senator shall be— 
(a) a citizen of the United States, 
(b) a citizen of the Virgin Islands, 
(c) a qualified voter of the Virgin Islands for at least three 
years, 
(d) at least twenty-one years of age, 
(e) a domiciliary of the Virgin Islands for at least five years 
immediately preceding the date of taking office, and 
(f) if a district Senator, a domiciliary of the legislative district 
from which elected for at least thirty days immediately preced-
ing the date of 
filing 
for office. 
48 u s e 1541 
note. 
COMPENSATION 
SECTION 5. No law increasing the compensation of Senators shall 
take effect during the term of the Senate that enacts the law. 
48 u s e 1541 
note. 
RESTRICTION OF ACTIVITIES 
SECTION 6. A Senator may not hold any other public position while 
in office. Within one year of ceasing to serve, a Senator may neither 
be appointed to any salaried public position which was created by the 
Senate nor benefit from any compensation which was increased by 
the Senate during the Senator's last term of office. 
48 u s e 1541 
note. 
VACANCIES 
SECTION 7. If a vacancy occurs in the Senate and one year or more 
remains in the unexpired term of office, the vacancy shall be 
filled 
by 
a special election within sixty days. If less than one year remains in 
the unexpired term of office when a vacancy occurs, the President of 
the Senate shall, within thirty days, appoint the next available 
person from among those candidates considered in order of the 
highest number of votes received. If there is no available candidate, 
the vacancy will be 
filled 
as provided by law. 
PUBLIC LAW 97-21—JULY 9, 1981 
95 STAT. l U 
LEGISLATIVE IMMUNITY 
SECTION 8. A Senator may not be held to answer in any place except 
the Senate for a statement made in any Senate proceeding. A Senator 
shall, except in cases of treason, felony, or breach of the peace, be 
privileged from arrest during attendance at a session of the Senate 
and in going to and returning from same. 
48 u s e 1541 
note. 
ORGANIZATION AND PROCEDURE 
SECTION 9. A majority of the Senate shall constitute a quorum. The 
Senate shall have all authority inherent in a legislative assembly; 
shall be the sole judge of the election and qualifications of its 
members, and shall have the power to institute and conduct investi-
gations, issue subpoenas, and administer oaths. The Senate, upon the 
vote of three-fourths of its members, may discipline any member for 
cause. The Senate shall keep a daily journal of its proceedings, which 
shall include a record of all votes and shall be published within thirty 
days. 
REGULAR AND SPECIAL SESSIONS 
SECTION 10. (a) Regular sessions of the Senate shall be held in the 
capital of the Virgin Islands beginning on the first Monday following 
the first Tuesday in January of each year. 
(b) A special session of the Senate may be called by the Governor or 
by the President of the Senate upon request of one-third of its 
members. Until the business specified in the call has been acted upon, 
no other business shall be considered at a special session. 
(c) All sessions of the Senate shall be open to the public. 
48 u s e 1541 
note. 
48 u s e 1541 
note. 
ENACTMENT OF LAWS 
SECTION 11. (a) A law may be enacted only by bill, and a bill shall 
not be enacted unless it is written, read, and passed by a majority of 
the members present and voting on the question. 
O
b
) Each bill passed by the Senate shall be presented to the 
Governor. If the Governor signs or fails to return a bill within ten 
working days of presentation, it shall become law. If the Governor 
vetoes a bill, it shall be returned to the Senate within ten working 
days of its presentation with a statement of reasons for the veto. The 
Governor may veto an item of an appropriation bill and sign the 
remainder of the bill, in which event the vetoed item shall be 
returned to the Senate within ten working days of its presentation 
with reasons for the veto. 
(c) A bill or item of an appropriation bill vetoed by the Governor 
may be considered by the Senate upon the motion of any Senator 
within thirty days of its return and shall become law as originally 
passed upon a vote of two-thirds of the members of the Senate. 
48 u s e 1541 
note. 
IMPEACHMENT 
SECTION 12. The Senate may impeach any elected official for cause 
upon a vote of two-thirds of its members. The appellate court shall 
determine, by a two-thirds vote, whether to remove from office an 
elected public official impeached by the Senate, and a person so 
removed shall not be immune from criminal charges or civil action. 
48 u s e 1541 
note. 
95 STAT. 112 
PUBLIC LAW 97-21—JULY 9, 1981 
ARTICLE VL EXECUTIVE BRANCH 
EXECUTIVE POWER 
48 use 1541 
SECTION 1. The executive power of the Virgin Islands is vested in 
"°^^ 
the Governor. 
ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR 
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SECTION 2. The Governor and Lieutenant Governor shall be elected 
"° ® 
bythequalified voters ofthe Virgin Islands and shall serve for a term 
of four years. Each qualified voter shall cast a single vote for 
Governor and Lieutenant Governor, who shall be elected upon 
receiving a majority of the votes cast. Runoff elections shall be as 
provided by law. A Governor may not serve more than two successive 
full terms and may not serve as Lieutenant Governor immediately 
following two successive full terms. 
QUALIFICATIONS FOR GOVERNOR AND LIEUTENANT GOVERNOR 
48 use 1541 
SECTION 3. The Governor and Lieutenant Governor each shall be— 
^°^- 
(a) a United States citizen, 
(b) a Virgin Islands citizen, 
(c) a qualified voter of the Virgin Islands, 
(d) at least thirty-five years of age, and 
(e) a domiciliary of the Virgin Islands for fifteen years, five of 
which must immediately precede the date of taking office. 
POWERS AND DUTIES OF THE GOVERNOR 
48 use 1541 
SECTION 4. (a) The Governor shall supervise the executive branch 
^°^^- 
and shall be responsible for the faithful execution of the laws of the 
Virgin Islands. 
(b) The Governor shall appoint, with the advice and consent of the 
Senate, and may remove the heads of all executive branch depart-
ments. The Governor shall appoint and may remove all other 
employees ofthe executive branch subject to law. 
(c) The Governor shall report annually to the Senate on the state of 
Virgin Islands affairs and, at any time, may recommend bills or other 
measures. 
(d) The Governor shall prepare and submit to the Senate, at a time 
prescribed by law, a budget for the ensuing fiscal year. The budget 
shall state the estimated funds available for appropriation and the 
estimated receipts, expenditures, and obligations for every depart-
ment, agency, and Government instrumentality. The budget shall 
state the public debt and contingent liabilities and shall include other 
information as may be required by law. 
(e) The Governor shall have the power to issue executive orders 
consistent with law. 
(f) Except in cases of impeachment, the Governor shall have the 
power to grant reprieves, commutations, pardons, and to remit fines 
and forfeitures. Each exercise of this power shall be reported to the 
Senate. 
(g) In the event of a natural disaster, invasion, or insurrection, or 
imminent danger thereof, the Governor may call out the militia or, 
when the public safety requires, proclaim martial law. Upon such 
proclamation, the Senate shall meet forthwith and may, upon the 
affirmative vote of two-thirds of its members, revoke the proc-
lamation of martial law then or at any other time. During an 
PUBLIC LAW 97-21—JULY 9, 1981 
95 STAT. 113 
emergency, the Governor may order the executive branch to be 
moved temporarily. 
POWERS AND DUTIES OF THE LIEUTENANT GOVERNOR 
SECTION 5. The Lieutenant Governor shall have custody of the seal 48 use i54i 
of the Virgin Islands, shall countersign and affix the seal to official "° ® 
documents, shall record and preserve the laws of the Virgin Islands, 
and shall have additional duties as may be assigned by the Governor 
or provided by law. 
OFFICIAL RESIDENCE 
SECTION 6. The official residence of the Governor shall be in the 48 use I54i 
capital of the Virgin Islands. The Governor and Lieutenant Governor "°^® 
shall be provided appropriate rent-free residences. 
RESTRICTIONS ON ACTIVITIES 
SECTION 7. The Governor and Lieutenant Governor shall devote full 48 use 1541 
time to their duties. While in office, neither shall practice a trade or " 
profession for profit or, unless authorized by law, hold any public 
position. 
ORDER OF SUCCESSION 
SECTION 8. The order of succession to the office of Governor and to 48 use 1541 
the office of Lieutenant Governor shall be: the President of the ^°*^ 
Senate, Vice-President of the Senate, and such other public official of 
the Virgin Islands as may be designated by law. 
DISABILITY OF THE GOVERNOR OR LIEUTENANT GOVERNOR 
SECTION 9. (a) The Governor or Lieutenant Governor shall declare a 48 use 1541 
disability to discharge the duties of office by transmitting to the ^°^^-
Senate a written declaration of disability. In the event of the 
temporary disability of the Governor, the Lieutenant Governor shall 
act as Governor. If the Lieutenant Governor is unable to act as 
Governor, the next available person in the order of succession shall 
act as Governor. In the event of the temporary disability of the 
Lieutenant Governor, the next available person in the order of 
succession shall act as Lieutenant Governor. The Governor or Lieu-
tenant Governor shall resume office upon submitting a written 
declaration of termination of the disability. 
(b) Upon the affirmative vote of two-thirds of its members, the 
Senate may raise the question of the temporary or permanent 
disability of the Governor or Lieutenant Governor. The appellate 
court shall determine all questions raised by the Senate or otherwise 
raised, as provided by law, with respect to the temporary or perma-
nent disability of the Governor or Lieutenant Governor. If the 
Governor or Lieutenant Governor is determined by the appellate 
court to be permanently disabled, the office shall be declared vacant. 
(c) In the event of a permanent disability of the Governor-elect, the 
office shall be declared vacant and the vacancy shall be filled by a 
special election to be held within sixty days of the declaration of the 
disability. 
(d) In the event of the permanent disability of the Lieutenant 
Governor-elect the office shall be declared vacant, and the Governor, 
with the advice and consent of the Senate, shall appoint a qualified 
person to fill the vacancy. 
95 STAT. 114 
PUBLIC LAW 97-21—JULY 9, 1981 
48 u s e 1541 
note. 
PERMANENT VACANCY IN THE OFFICE OF GOVERNOR OR UEUTENANT 
GOVERNOR 
SECTION 10. (a) In the event of a permanent vacancy in the office of 
Governor, the Lieutenant Governor shall become Governor, 
(b) In the event of a permanent vacancy in the office of Lieutenant 
Governor, the Governor shall appoint a qualified person within forty-
five days who, upon confirmation by the Senate, shall become 
Lieutenant Governor. Until such a permanent appointment is made 
and confirmed, the next available person in the order of succession 
shall act as Lieutenant Governor. 
(c) If simultaneous vacancies occur in the offices of Governor and 
Lieutenant Governor and more than one year remains in the unex-
pired term of office, a special election shall be held within sixty days 
to fill both offices. Between the occurrence of the vacancies and the 
election of successors, the offices of Governor and Lieutenant Gover-
nor respectively shall be filled by the next two available persons in 
the order of succession. 
(d) If vacancies occur in the positions of both Governor-elect and 
Lieutenant Governor-elect, a special election shall be held within 
sixty days to fill both vacancies. The incumbent Governor and 
Lieutenant Governor shall remain in office until such election is held 
in accordance with law. 
48 u s e 1541 
note. 
EXECUTIVE BRANCH DEPARTMENTS 
SECTION 11. (a) The functions, powers, and duties of the executive 
branch offices, agencies, and instrumentalities shall be as provided 
by law. These shall be organized, as far as practicable, in departments 
according to major purposes. Independent, regulatory, quasi-judicial, 
and temporary offices, agencies, and instrumentalities need not be 
attached to a department. 
(b) The Governor by executive order may make such changes in the 
functions, powers, and duties of offices, agencies, and instrumental-
ities as are considered necessary for efficient administration. Any 
changes that are inconsistent with law shall be presented to the 
Senate and, unless modified or disapproved by a majority of the 
members, shall become effective sixty days after presentation. 
(c) The head of the department of law shall be the Attorney 
General, who shall prosecute all violations of laws in the name of the 
people of the Virgin Islands. The Attorney General shall be a citizen 
of the United States and the Virgin Islands and licensed to practice 
law in the Virgin Islands for at least five years. 
ARTICLE VII. JUDICIAL BRANCH 
48 u s e 1541 
note. 
48 u s e 1541 
note. 
JUDICIAL POWER 
SECTION 1. The judicial power of the Virgin Islands shall be vested 
in an appellate court and in such lower courts as may be created by 
law. 
APPELLATE COURT 
SECTION 2. The appellate court shall consist of not less than three 
judges, and shall have appellate jurisdiction over all cases arising 
under this Constitution and such other appellate and original juris-
diction as may be provided by law. Decisions of the appellate court on 
questions arising under this Constitution and the laws of the Virgin 
Islands shall be final, except as Federal law may provide for review of 
PUBLIC LAW 97-21—JULY 9, 1981 
95 STAT. 115 
such decisions by the United States Supreme Court. Decisions of the 
appellate court on questions arising under the United States Consti-
tution or laws or treaties of the United States may be appealed to the 
United States Court of Appeals for the Third Circuit, unless other-
wise provided by the Congress of the United States. 
JUDICIAL NOMINATING COMMITTEE 
SECTION 3. There shall be a Judicial Nominating Committee estab-
lished by law whose members shall be nominated by the Governor 
with the advice and consent of the Senate, All judges shall be 
appointed by the Governor with the advice and consent of the Senate, 
but no person shall be appointed as a judge who has not been 
nominated by the Judicial Nominating Committee. 
48 u s e 1541 
note. 
JUDICIAL MISCONDUCT AND DISABIUTY 
SECTION 4. There shall be a judicial commission established by law 
with the power to discipline, censure, suspend, remove for miscon-
duct, or retire for disability any judge of any court established by law. 
Any decision of the judicial commission shall be appealable in a 
manner as provided by law. The position of any judge suffering 
permanent disability shall be filled in accordance with law. 
48 u s e 1541 
note. 
TERM 
SECTION 5. The regular term of a judge of any court of the Virgin 
Islands shall be eight years. 
48 u s e 1541 
note. 
QUAUFICATIONS 
SECTION 6. A judge shall— 
(a) be a citizen of the United States and the Virgin Islands; 
(b) be a domiciliary of the Virgin Islands for not less than five 
years immediately preceding his appointment; 
(c) have been licensed to practice law in the Virgin Islands for 
not less than four years immediately preceding his appointment; 
and 
(d) for appointment to the appellate court of the Virgin Islands, 
have practiced law for not less than ten years, and for appoint-
ment to any lower court, have practiced law for not less than five 
years. 
COMPENSATION 
SECTION 7. The salary and allowances of a judge shall be provided 
by law, and may not be decreased during his tenure. 
48 u s e 1541 
note. 
48 u s e 1541 
note. 
RESTRICTION ON ACTIVITIES 
SECTION 8. No person who holds a judicial office in the Virgin 
Islands shall hold any other paid office, engage in the practice of law, 
or in the pursuit of business. Any judge who files or announces his 
candidacy for elective office shall thereby forfeit his judicial office. 
48 u s e 1541 
note. 
RULEMAKING POWER 
SECTION 9. The appellate court shall adopt rules with respect to 
judicial matters, including temporary disability, civil and criminal 
48 u s e 1541 
note. 
95 STAT. 116 
PUBLIC LAW 97-21—JULY 9, 1981 
procedure, judicial ethics, and admission to, governance of and 
expulsion from the practice of law. 
ADMINISTRATION 
48 use 1541 
SECTION 10. The chief judge of the appellate court of the Virgin 
^^^^- 
Islands shall be responsible for the administration of that court. 
Administration of any lower court shall be as provided by law. 
ARTICLE VIIL LOCAL GOVERNMENT 
- 
POLITICAL SUBDIVISIONS; CREATION, POWERS 
48 use 1541 
SECTION 1. The Senate may create political subdivisions within the 
"°*® 
Virgin Islands and provide for the government thereof. The Senate 
may create a political subdivision embodying each major island, but 
may not create a political subdivision within any of the islands, 
except with the approval of a majority of the voters voting on the 
question on the island which is to be subdivided. Each political 
subdivision shall have and exercise such powers as shall be conferred 
by law. 
LOCAL SELF-GOVERNMENT; CHARTER 
48 use 1541 
SECTION 2. Each political subdivision shall have the power to frame 
"°*^ 
and adopt a charter for its own self-government within such limits 
and under such procedures as may be provided by law. 
TAXATION AND FINANCE 
48 use 1541 
SECTION 3. (a) The power to tax shall be reserved to the Senate, but 
"°^^ 
a political subdivision may petition the Senate to impose a tax to be 
utilized by said political subdivision, 
(b) The Senate shall have the power to apportion revenues among 
the political subdivisions. 
MANDATES, ACCRUED CLAIMS 
48 use 1541 
SECTION 4. No law shall be passed mandating any political subdivi-
"°*^^ 
sion to pay any previously accrued claim. 
GENERAL LAWS 
48 use 1541 
SECTION 5. This Article shall not limit the power of the Senate to 
"°*^ 
enact laws of general concern, and no political subdivision may 
infringe upon this power. 
ARTICLE IX. EDUCATION 
EDUCATIONAL PHILOSOPHY 
48 use 1541 
SECTION 1. (a) The Government of the Virgin Islands shall provide 
^°^^- 
for the education of its people and establish a system of elementary, 
secondary, and higher education which embodies the principle of 
essential human equality and includes programs that respond to the 
needs, interests, and abilities of its people. 
(b) Elementary and secondary education shall be compulsory for all 
persons as provided by law. Attendance at a public or an accredited 
nonpublic school shall satisfy this requirement. Public elementary 
and secondary education shall be essentially free. 
PUBLIC LAW 97-21—JULY 9, 1981 
95 STAT. 117 
SCHOOL BOARDS 
SECTION 2. (a) A Virgin Islands Board of Education shall be 48 use i54i 
established by law and shall have such power and duties as may be 
' 
provided by law. 
(b) Other school boards, subordinate to the Virgin Islands Board of 
Education, may be provided by law. 
ARTICLE X. PROTECTIGN OF CULTURE AND ENVIRONMENT 
CULTURAL DEVELOPMENT 
SECTION 1. No law shall be passed abridging the preservation and 48 use i54i 
development of Virgin Islands culture, language, traditions or cus- ^°^^-
toms. Study of Virgin Islands culture, including but not limited to 
language, traditions, history, music, and art, shall be an integral part 
of 
the public education system. 
COMMISSION ON CULTURE 
SECTION 2. A commission shall be established by law to study, 48 use i54i 
promote, and preserve the history, culture, and traditions of the "
°
^
® 
Virgin Islands. 
HISTORICAL PLACES AND ARTIFACTS 
SECTION 3. Places, artifacts, documents, and objects of cultural or 48 use i54i 
historical significance to the people of the Virgin Islands shall be "
°
*
® 
protected and preserved, and public access to such places and arti-
facts shall be maintained as provided by law. 
AGRICULTURE AND LAND COMMISSION 
SECTION 4. A commission shall be established by law to acquire land 48 use i54i 
for redistribution by lease to the people of the Virgin Islands for "
^
"
^
^ 
agriculture, homestead, or other public purposes as provided by law. 
The commission may acquire land only by transfer from the Govern-
ment of 
the Virgin Islands or by purchase. 
ENVIRONMENTAL PROTECTION 
SECTION 5. The policy of the Virgin Islands shall be to preserve its 48 use i54i 
natural resources, protect its air, land, and water, and to provide for '^"^^ 
the enjoyment of its natural beauty. 
OPEN BEACHES 
SECTION 6. All beaches and shorelines of the Virgin Islands shall be 48 use i54i 
public and open to public access. Where not available, public access "
°
*
^
® 
may be provided by law. 
RIGHT TO A HEALTHFUL ENVIRONMENT 
SECTION 7. Every person has the right to a healthful environment 48 use i54i 
subject to reasonable limitations as may be provided by law. Each "°*^ 
person may enforce this right against any party subject to reasonable 
limitations as may be provided by law. 
95 STAT. 118 
PUBLIC LAW 9 7 - 2 1 - J U L Y 9, 1981 
ARTICLE XL TAXATION AND FINANCE 
TAX AUTHORITY 
48 use 1541 
SECTION 1. All taxes shall be levied by law, and the Senate may not 
^°^- 
surrender, suspend, or contract away its power to initiate tax legisla-
tion except as provided by this Constitution. A tax may be levied or an 
appropriation of public money made only for a public purpose, 
INCOME TAX 
48 use 1541 
SECTION 2. Laws shall be enacted to administer and enforce the 
^°^- 
income tax and the Federal tax laws applicable to the Virgin Islands. 
PUBLIC DEBT UMITATION 
48 use 1541 
SECTION 3. (a) The Senate by law may cause bonds or other 
"°*^® 
obligations to be issued on behalf of the Government either for (i) a 
public improvement or public undertaking or (ii) other projects 
nominally and/or beneficially privately owned which will promote 
the public interest through economic development. Such bonds or 
obligations shall be payable solely from the revenues directly derived 
from and attributable to such public improvement, public undertak-
ing, or other project. Such bonds shall not constitute a general 
obligation of the Virgin Islands or of the United States. 
(b) The Senate, as authorized by law, may cause to be issued such 
negotiable general obligation bonds or other evidence of indebtedness 
as it may deem necessary and advisable to achieve or further a public 
purpose: Provided, That no public indebtedness of the Virgin Islands 
shall be incurred in excess of 10 percent of the assessed valuation of 
the taxable real property in the Virgin Islands. 
(c) Bonds issued pursuant to this section may bear such dates, may 
be in such denominations, may mature in such amounts and at such 
time or times, not exceeding thirty years from the date thereof, may 
be payable at such place or places, may be sold at either public or 
private sale, may be redeemable (either with or without premium) or 
nonredeemable, may carry such registration privileges as to either 
principal and interest, or principal only, and may be executed by such 
officers and in such manner as shall be provided by law. In case any of 
the officers whose signatures appear on the bonds or coupons shall 
cease to be such officers before delivery of such bonds, such signature, 
whether manual or facsimile, shall nevertheless be valid and suffi-
cient for all purposes, the same as if such officers had remained in 
office until such delivery. The bonds so issued shall bear interest at a 
rate not to exceed that specified by law and be payable at such time or 
times specified by law. 
All such bonds shall be sold for not less than the principal amount 
thereof plus accrued interest. All bonds issued by the Government of 
the Virgin Islands, specifically including interest thereon, shall be 
exempt from taxation by the Government of the United States; by the 
Government of the Virgin Islands or any political subdivision thereof; 
by any State, territory or possession or any political subdivision 
thereof, or by the District of Columbia. 
(d) The proceeds of the bond issue or other obligation herein 
authorized shall be expended only for public purposes as set forth in 
this section or for the reduction of the debt created by such bond issue 
or obligation. 
PUBLIC LAW 9 7 - 2 1 - J U L Y 9, 1981 
95 STAT. 119 
(e) For purposes of this section bonds shall mean bonds, notes, or 
other obligations and shall be deemed to include bonds to refund any 
bonds, notes, or other obligations. 
(f) Aggregate bonds issued in support of a single project pursuant to 
section (b) above, which exceed 20 percent of the average Government 
revenue for the previous three years, shall be approved by a majority 
of the qualified voters of the Virgin Islands voting on the question at 
a referendum. 
(g) Bonds may not be issued for the operating expenses of the 
Government of the Virgin Islands, except that short-term bonds 
which are required to be repaid within one year may be issued by law 
to meet appropriations for any fiscal period in anticipation of the 
collection of revenue for that period or to meet casual deficits. 
AUDITOR GENERAL 
SECTION 4. (a) There shall be an Auditor General, who shall be 48 use i54i 
appointed by the Governor with the advice and consent of the Senate '^°*^ 
and shall serve for a term of six years. 
(b) The Auditor General shall be a United States citizen, a Virgin 
Islands citizen, a qualified voter of the Virgin Islands, a domiciliary of 
the Virgin Islands for at least five years, and shall have such other 
qualifications as may be provided by law. 
(c) The Auditor General shall audit all revenues, accounts, expendi-
tures, and programs of the Government, its departments, offices, 
agencies, and instrumentalities; shall make a public annual report 
and any special reports that may be required by the Governor or the 
Senate, and shall perform other duties as may be provided by law. In 
the performance of official duties, the Auditor General shall have the 
authority to administer oaths, take evidence, compel the attendance 
of witnesses and the production of books, letters, papers, records, and 
all other necessary articles. 
(d) The Auditor General may not hold any other public position 
while in office, nor engage in any activity that would conflict with 
official duties and responsibilities. The salary of the Auditor General 
may not be decreased during a term of office. 
(e) The Auditor General may be removed from office for cause by 
the Governor, with the advice and consent of the Senate, or by 
impeachment. 
ARTICLE XII. INITIATIVE, REFERENDUM AND RECALL 
All political power is inherent in the people, who reserve the power 48 use 1541 
to propose, adopt, or reject laws, and also the power to adopt or reject "°*^ 
any act or section of any act passed by the Senate. 
INITIATIVE AND REFERENDUM 
SECTION 1. (a) Initiative and referendum is the power of the electors 48 use 1541 
to propose the enactment, amendment, or repeal of laws of the Virgin "°*^' 
Islands, except public exigency laws and laws involving operating 
expenses. An initiative shall be instituted by a petition containing the 
full text of the proposal, and be signed by at least 10 percent of the 
qualified voters of each legislative district or by 41 percent of the 
qualified voters of the Virgin Islands. 
(b) An initiative petition shall be filed with the Senate. If adopted 
by the Senate within thirty days of the filing of the petition, the 
proposal contained in the petition shall take effect in accordance with 
-194 0—82 
10 : QL3 
95 STAT. 120 
PUBLIC LAW 97-21—JULY 9, 1981 
its terms. If the Senate fails to act within thirty days, the proposal 
shall be submitted to the voters at the next general election or at a 
special election held before the next general election. 
(c) An initiative shall take effect upon the affirmative vote of a 
majority of the qualified voters of the Virgin Islands voting on the 
question. An initiative may not be vetoed by the Governor, and when 
adopted by the people may not be amended or repealed by the Senate 
in office when the petition was filed. 
RECALL 
48 use 1541 
SECTION 2. (a) Elected public officials of the Virgin Islands may be 
"o*^ 
recalled by the qualified voters. A recall petition shall identify the 
official to be recalled by name and office, and be signed by at least 30 
percent of the persons qualified to vote for that office. The petition 
shall state the reasons for recall. 
Q)) A special recall election shall be held within sixty days of the 
filing of the recall petition. An official shall be recalled upon the 
affirmative vote of two-thirds of 
those voting on the question. 
(c) A recall petition may not be 
filed 
during the first year of the first 
term of office of an elected official, and not less than three months 
before a general election; nor more than once a year except for cause. 
ARTICLE XIII. CONSTITUTIONAL AMENDMENT 
PROPOSAL OF AMENDMENTS 
48 use 1541 
SECTION 1. Amendments to this Constitution shall maintain the 
"°*^ 
principles of a republican form of government and may be proposed 
by initiative, a constitutional convention, or the Senate. 
GENERAL CONSTITUTIONAL CONVENTION 
48 use 1541 
SECTION 2. (a) The Senate, by the affirmative vote of two-thirds of 
"°*^^ 
its members, may submit to the qualified voters of the Virgin Islands 
at a regular general election the question, "Shall there be a constitu-
tional convention to propose amendments to the Constitution?" This 
question shall be submitted by the Senate to the qualified voters of 
the Virgin Islands within ten years after the effective date of this 
Constitution and at least once every ten years thereafter. 
(b) An initiative petition may submit to the qualified voters of the 
Virgin Islands the question, "Shall there be a constitutional conven-
tion to propose amendments to the Constitution?" The petition shall 
be signed by at least 15 percent of the qualified voters of each 
legislative district of the Virgin Islands or by 51 percent of the 
qualified voters of the Virgin Islands. The question shall be submitted 
to the voters at the first regular election held not less than ninety 
days after filing of the initiative petition. 
(c) If a majority of those voting on the question of a constitutional 
convention favors holding such a convention, the Senate shall con-
vene a convention within one hundred and twenty days after 
approval of the petition. 
(d) Delegates to a constitutional convention shall be elected on a 
nonpartisan ballot as provided by law. A constitutional convention 
may propose an amendment to the Constitution only upon the 
\ 
affirmative vote of two-thirds of its members. 
PUBLIC LAW 97-21—JULY 9, 1981 
95 STAT. 121 
LEGISLATIVE PROPOSAL 
SECTION 3. The Senate may propose an amendment to this Consti- 48 use i54i 
tution upon the affirmative vote of two-thirds of its members. "°*^ 
INITIATIVE 
SECTION 4. The people may propose an amendment to this Constitu- 48 use 1541 
tion by initiative. An initiative petition shall contain the full text of ^°^-
the proposed amendment and shall be signed by 15 percent of the 
qualified voters of each legislative district of the Virgin Islands or by 
51 percent of the qualified voters of the Virgin Islands. 
LIMITED CONSTITUTIONAL CONVENTION 
SECTION 5. A constitutional amendment proposed by the Senate or 48 use 1541 
by initiative may provide, in accordance with its terms, for direct ^°^^-
ratification by the qualified voters of the Virgin Islands or for the 
convening of a constitutional convention limited to the issues raised 
by the proposed amendment. If a majority of those voting on the 
question of a limited constitutional convention favors holding such a 
convention, the Senate shall convene a limited constitutional conven-
tion within one hundred and twenty days, subject to the same 
restrictions on membership and adoption of any proposed amend-
ment as those imposed on a general constitutional convention. 
CONSTITUTIONAL REVIEW COMMISSION 
SECTION 6. Within five years after the effective date of this 48 use I54i 
Constitution and at least once every ten years thereafter, a constitu- ^°^^-
tional review commission shall be established by law. The commis-
sion shall, within one hundred and twenty days of its establishment, 
make a public report to the Senate with its proposals, if any, for 
revision of the Constitution. Members of the commission shall be 
qualified voters of the Virgin Islands. 
RATIFICATION OF AMENDMENTS 
SECTION 7. Each proposed amendment to this Constitution shall be 48 use I54i 
submitted to the qualified voters of the Virgin Islands for ratification "'^^^ 
at the first regular general election or at a special election called by 
the Senate. A proposed amendment shall take effect in accordance 
with its terms upon the affirmative vote of a majority of those voting 
on the amendment. 
TRANSITIONAL SCHEDULE 
RATIFICATION AND EFFECTIVE DATE OF THE CONSTITUTION 
SECTION 1. This Constitution, as finally approved or modified by the 48 use 1541 
Congress of the United States under Section 5 of Public Law 94-584 ^°^^-
(October 12, 1976), shall be submitted to the qualified voters of the 48 use note 
Virgin Islands and shall be ratified upon the affirmative vote of a ^'"^'^ 
majority of those voting on the question. The Constitution shall take 
effect one hundred and twenty days after ratification, except as 
provided in Sections 2 and 5 of this Transitional Schedule. 
95 STAT. 122 
PUBLIC LAW 97-21—JULY 9, 1981 
ELECTIONS 
48 use 1541 
SECTION 2. Notwithstanding any other provision of this Constitu-
°°^- 
tion, all elected officials shall be elected in accordance with this 
Constitution at the first general election after the effective date of 
this Constitution. 
CONTINUITY OF LAWS 
48 use 1541 
SECTION 3. Laws, executive orders, and regulations in force in the 
"°*® 
Virgin Islands on the effective date of this Constitution that are 
consistent with this Constitution shall continue in force until they 
expire, are amended, or repealed. Laws, executive orders, and regula-
tions that have been enacted or issued by the legislature of the Virgin 
Islands or by local executive authorities, respectively that are incon-
sistent with this Constitution shall be void to the extent of such 
inconsistency. 
CONTINUITY OP GOVERNMENT EMPLOYMENT AND OPERATIONS 
48 use 1541 
SECTION 4. Employees of the Government of the Virgin Islands on 
^°^^- 
the effective date of this Constitution shall be employees of the 
constitutional government on the same terms and conditions of 
employment as were in effect and enforceable previously, unless 
otherwise provided by law. Employees of the Government of the 
Virgin Islands shall have the same functions and duties after becom-
ing employees of the constitutional government unless otherwise 
provided by law. 
CONTINUITY OF JUDICIAL MATTERS 
48 use 1541 
SECTION 5. Until the Senate otherwise provides, the appellate court 
"°*^ 
created by Section 1 of Article VII shall consist of the two United 
States District Court judges for the Virgin Islands and one judge 
appointed in accordance with the provisions of Section 3 and Section 
6 of Article VII of this Constitution. The judge so appointed shall 
serve as the chief judge of the appellate court until the appellate 
court created by Section 1 is fully implemented. 
The Territorial Court of the Virgin Islands shall continue as a trial 
court of original jurisdiction in the same manner as existed prior to 
the date of adoption of this Constitution until and unless changed by 
law. The qualifications for judges set forth in this Constitution shall 
not be retroactively applied to any sitting judge of the Territorial 
Court. All rules of the judicial system consistent with this Constitu-
tion and in effect upon the adoption of this Constitution shall 
continue or may be modified or terminated in the same manner as 
existed prior to the adoption of this Constitution until and unless 
changed by law. 
PROSPECTIVE OPERATION OF RIGHTS 
48 use 1541 
SECTION 6. All rights or obligations, procedural or substantive, 
"°*^ 
created for the first time by this Constitution shall be prospective and 
not retroactive. 
SUCCESSION 
48 use 1541 
SECTION 7. The constitutional government of the Virgin Islands 
"°^®- 
shall succeed to all rights and obligations of the Government of the 
Virgin Islands that existed prior to the effective date of this Constitu-
tion. The validity of all public and private bonds, debts, and contracts, 
PUBLIC LAW 97-21—JULY 9, 1981 
95 STAT. 123 
and of all claims, actions, and causes of action shall continue as if no 
change had taken place. 
Signed and Witnessed by the Delegates to the Fourth Constitu-
tional Convention of the Virgin Islands, at Charlotte Amalie, 
St. Thomas, United States Virgin Islands, on this 1st day of 
August, 1980. 
Rupert W. Ross, Jr., 
Stedmann Hodge 
President 
John James 
Ruth H. Beagles, 
Wilfrid James 
Secretary 
Bent Lawaetz 
Toya Andrew, 
Sidney Lee 
Assistant Secretary 
Lucien Moolenaar 
Clarice Bryan 
Alva McFarlane 
Cecil Beiyamin 
Thyra Hodge Smith 
Dorene E. Carter 
Clement Sackey, 2d Vice President 
Otis Felix 
Llewellyn Sewer, Sergeant at Arms 
Henry Feuerzeig 
Ruby Simmonds, 1st Vice 
Kwame Garcia 
President 
Cyprian Gardiiie 
Yvonne Tharpes 
Rufus Graham 
Charles TurnbuU 
Geraldo Guirty 
Mario Watlington 
Olaf 
Hendricks 
SEC. 2. Notwithstanding the time limitations for congressional 4
8 use i54i 
review provided in Public Law 94-584 (90 Stat. 2899), the Constitution Jf 
gg^. ^^^ 
of the Virgin Islands, as approved by section 1 of this resolution, shall prec. 1391. 
be submitted to the qualiiied voters of the Virgin Islands for accept-
ance or rejection as provided in section 5 of 
said Act. 
4
8 use note 
•• 
"^ 
prec. 1391. 
Approved July 9, 1981. 
LEGISLATIVE HISTORY—H.J. RES. 238: 
HOUSE REPORT No. 97-25 (Comm. on Interior and Insular Affairs). 
SENATE REPORT No. 97-66 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 127 (1981): 
May 5, considered and passed House. 
June 3, considered and passed Senate, amended. 
June 16, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 28 (1981): 
July 10, Presidential statement.