States have senators and congressmen. Territories only have representatives that can't vote.

States enjoy the protections of the U.S. Constitution, this territory doesn't.

I thought the U.S. Constitution stopped applying anywhere after the 2000 presidential elections?

us right wing nut jobs don't feel that way all. In fact, we feel emboldened.

I do believe that the VI's do enjoy the protections of the constitution. Somebody correct me if I'm wrong. There is a non voting rep in the Congress and the feds do occupy space, so I am sure that the constitution does apply.

I bet you won't ask another question like that. Do some resrearch.

promoguy,

USVI residents do not enjoy the protections of the U.S. Constitution. The USVI is governed by the Revised Organic Act, passed by an Act of Congress on July 22, 1954. The Revised Organic Act authorized the Territory's government to adopt its own Constitution.

Dntw8up-that's not how I read the act. I'm not an expert in law by any means, but it seems that this Act was such that the local VI government could have its own constitution. Much like those that states enjoy, such as the constitution we have in the state of California. From the little I read, I don't believe the Act overrides the US Constitution.

"Passed by an Act of Congress on July 22, 1954, the Revised Organic Act was intended to serve as a basic charter of civil government for the people of the U.S. Virgin Islands. The Revised Organic Act authorized the Territory's government to adopt its own Constitution and has had a profound influence on educational reform, the issue of status, and the way the territorial government is organized."

Hi promoguy.

I'm no expert either but my understanding of the situtaion is as follows:

After the Spanish-American War, the U.S. Supreme Court decided some cases pertaining to how the U.S. should deal with newly acquired territories that were not part of the North American continent and which were not intended to become states. As a consequence of the Supreme Court decisions, the U.S. distinguishes between "incorporated" and "unincorporated" territory. Incorporated territory is land that has been irrevocabably incorporated within the sovereignty of the United States and to which the full U.S. Constitution applies. Unincorporated territory is land held by the United States and to which U.S. Congress applies only selected parts of the constitution. An unpopulated Palmyra Atoll is currently the only incorporated territory held by the U.S. and thus its non-existant inhabitants are the only U.S. territory residents who enjoy all of the rights and privileges of the U.S. Constitution.

US citizens living in the US Virgin Islands are given the same "Bill of Rights" protection as those living in the 50 states. However if I understand the confused wording and various legislation, those living in US territories do not have the same direct constitutional
protection.

Some attempt at explanation can be found on this page.

www.eurisles.com/Textes/statut_iles/AmericaFR.htm

Actually, I'm a bit hesitant to suggest that what you just quoted really applies in this matter.

So where are the constitutional lawyers on this forum!!!

Thanks confued too. Good reading. My read is that the direct constitutional protection applies to voting.

Damn wish I kept awake during that constitutional law course.

promoguy,

If you know an attorney well versed in constitutional law I'd be very interested to hear what you find out. This topic, in one form or another, comes up in conversation periodically among my friends and as with most things bureacratic in the USVI, there is little consensus on the details.

It would have to come from someone versed in constitutional law that is involved with VI's. I don't think just anyone would know.

It would have to be someone versed in constitutional law with some schooling in the VI's.

My thought is that after reading what 'confused too' wrote with regards to the bill of rights and they being the first ten amendments to the Constitution, the entire constitution and the subsequent amendments would also have to apply.

Throughout USA history, it's not been a document you could just pick and choose. On the other hand the liberals have, LOL. Sorry couldn't resist.

promoguy,

The following may be helpful:

http://www.washingtonwatchdog.org/documents/usc/ttl48/ch7/subchI/index.html

Section 1 reads: That the Congress, recognizing the basic democratic principle of government by the consent of the governed, authorities the peoples of the Virgin Islands and of Guam, respectively, to organize governments pursuant to constitutions of their own adoption as provided in this Act.

This doesn't really say much. It basically sets forth that which other states have in developing their own constitution. Somewhere in that Code there was a comment recognizing the sovereignty of the Federal Government.

I take the Act of 1954 as an act permitting a status which was not before applicable. The ability of the territory to develope it's own constitution. As I read the Code you referenced it seems that it merely stresses the ability of the VI's to develope a constitution but it has to be within the framework of the US constitution (sovereignty). This is the case with all of the state governments also. Thus we have a Federal system of government.

Damn, this is too much for one day. But since it's freezing here in Los Angeles and March Madness hasn't started yet, what else can I do.

Yeah, my folks live in Monterey and woke up to snow yesterday!

Hope the Heels trounce Duke!