Title 48Territories and Insular PossessionsRelease 119-84

§5 Untitled Section

Title 48 › Chapter CHAPTER 12— - VIRGIN ISLANDS [1954] › § 5

Last updated Apr 22, 2026|Official source

Summary

When a proposed constitution for the Virgin Islands or Guam is sent to the President, he must send it with his comments to Congress within 60 calendar days. If Congress does nothing within 60 legislative days, the constitution is treated as approved unless Congress earlier approves it, changes it, or passes a joint resolution asking the convention to meet again. If the convention meets again and changes the draft, it must send the new version to the Governor of the Virgin Islands and to the President. The President then has 60 calendar days to tell the convention, the Governor, and Congress his comments and to publish those comments in the Federal Register. After Congress approval or after the President’s comments are published, the proposed constitutions must be put to islandwide referendums under laws enacted after October 21, 1976. If more than half of the votes cast (counting only yes and no votes) are in favor, the constitution becomes effective as written.

Full Legal Text

Title 48, §5

Territories and Insular Possessions — Source: USLM XML via OLRC

[Transmittal to Congress and submittal to voters] (a) Within sixty calendar days after the respective date on which he has received each constitution, the President shall transmit such constitution together with his comments to the Congress.
“(b)The constitution, in each case, shall be deemed to have been approved by the Congress within 60 legislative days after its submission by the President, unless prior to that date the Congress has approved the constitution, or modified or amended it, in whole or in part, or has urged the constitutional convention to reconvene, by joint resolution.
“(c)“(1)If a convention reconvenes and revises the proposed constitution, the convention shall resubmit the revised proposed constitution simultaneously to the Governor of the Virgin Islands and the President.
“(2)Not later than 60 calendar days after the date of receipt of the revised proposed constitution, the President shall—
“(A)notify the convention, the Governor, and Congress of the comments of the President on the revised proposed constitution; and
“(B)publish the comments in the Federal Register.
“(d)As so approved or modified under subsection (b) (or, if revised pursuant to subsection (c), on publication of the comments of the President in the Federal Register), the constitutions shall be submitted to the qualified voters of the Virgin Islands and Guam, respectively, for acceptance or rejection through islandwide referendums to be conducted as provided under the laws of the Virgin Islands and Guam, respectively, (enacted after the date of enactment of this Act) [Oct. 21, 1976].
“(e)Upon approval by not less than a majority of the votes (counting only the affirmative or negative votes) participating in such referendums, the constitutions shall become effective in accordance with their terms.”

Reference

Citations & Metadata

Citation

48 U.S.C. § 5

Title 48Territories and Insular Possessions

Last Updated

Apr 22, 2026

Release point: 119-84