Changes adopted to draft of constitution


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The Fifth Constitutional Convention on Saturday adopted a series of revisions to a draft constitution first submitted to the federal government in 2009. Some members of the Convention argue that these changes satisfy a legal requirement for the Convention to "adopt a proposed revised Virgin Islands Constitution no later than October 31, 2012."

1. Previously proposed: "This Constitution shall be the supreme law of the Virgin Islands."

Revision: "This Constitution shall be the supreme law of the Virgin Islands, to the extent not inconsistent with the Constitution of the United States."

2. Previously proposed: "No Real Property tax shall be assessed on the primary residence or undeveloped land of an Ancestral Native Virgin Islander."

Revision: "No Real Property tax shall be assessed on the primary residence or undeveloped land that has been in the possession of one person or in his/her lineal descendants continuously for at least fifty (50) years."

3. Previously proposed: To run for governor or lieutenant governor, a citizen must "(c) be a domiciliary of the Virgin Islands for at least fifteen 15 years, ten (10) of which must immediately precede the date of filing for office, (d) be an Ancestral or Native Virgin Islander, and (e) not have dual citizenship."

Revision: To run for governor or lieutenant governor, a citizen must "(c) be a domiciliary of the Virgin Islands for at least seven (7) years immediately preceding the date of filing for office, and (d) not have dual citizenship."

4. Previously proposed: To be a judge, one must "be domiciled in the Virgin Islands for not less than ten (10) years immediately preceding his or her appointment."

Revision: To be a judge, one must "be domiciled in the Virgin Islands for not less than five (5) years immediately preceding his or her appointment."

5. Previously proposed: The draft creates a Political Status Advisory Commission to promote awareness of the political status options available to the territory and to publish reports on the political and constitutional evolution of the Virgin Islands. The 2009 draft provided the Commission "shall consist of eleven (11) members who are Ancestral Native and/or Native Virgin Islanders, two appointed by the Governor and two appointed by the President of the Senate.

Revision: "The Political Status Advisory Commission shall consist of eleven (11) members, two appointed by the Governor and two appointed by the President of the Senate."

6. Previously proposed: The draft authorizes the Senate to "provide for a special election to be held after a year of Public Education on the status and federal relations options of: (1) statehood, (2) free association, and (3) Independence. The status shall be determined by Ancestral Native and Native Virgin Islanders only, whether residing within or outside the Virgin Islands."

Revision: "The status shall be determined by the qualified voters, whether residing within or outside the Virgin Islands."

7. Previously proposed: Amendments to the constitution shall be voted on by "Ancestral and Native Virgin Islanders, including those who reside outside of the Virgin Islands or in the military."

Revision: "Qualified Voters, including those who reside outside of the Virgin Islands or in the military, shall have the opportunity to vote on Constitutional Amendments."

8. Previously proposed: The V.I. government would "claim sovereignty over its inter-island waters to the effect that territorial waters shall extend 12 nautical miles from each island coast up to international boundaries."

Revision: The V.I. government would "claim sovereignty over its inter-island waters to the effect that territorial waters shall extend to the maximum distance allowed under federal law from each island coast up to international boundaries."

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