Title 48 — Territories and Insular PossessionsRelease 119-90

§5 Untitled Section

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

Last updated May 14, 2026|Official source

Summary

The President must send each received proposed constitution and his comments to Congress within 60 calendar days. If Congress does nothing by joint resolution within 60 legislative days after that submission, the constitution is treated as approved unless Congress has already approved it, changed it, or asked the convention to meet again. If the convention reconvenes and rewrites the draft, it must send the new version to the Governor of the Virgin Islands and the President. The President then has 60 calendar days to give written comments to the convention, the Governor, and Congress and to publish those comments in the Federal Register. After congressional approval or after the President’s comments are published (for revised drafts), the draft is put to islandwide referendums in the Virgin Islands and Guam under laws enacted after Oct. 21, 1976. If a majority of the votes cast (counting only “yes” and “no” votes) approve, the constitution takes effect 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 48 — Territories and Insular Possessions

Last Updated

May 14, 2026

Release point: 119-90