Constituting self-determination : constitution-making referendums in the US Virgin Islands

Abstract

On 27 January 2025, the sixth Constitutional Convention of the US Virgin Islands (USVI) convened. This latest attempt began in 2020 with a non-binding referendum to establish a constitutional convention. Previous attempts at constitution-making in the USVI have been rejected on two fronts: either by the electorate (in referendums held in 1979 and 1981) or by the US Congress (2010). The latter attempt was rejected by the US Congress for granting group differentiated rights in violation of the Equal Protection standards laid out in the US Constitution. Constitution makers in the US territories therefore find themselves in an unusual position, caught between providing self-determination for the peoples of the territories while simultaneously adhering to the individual-rights requirements of the US Constitution. With a new constitutional referendum scheduled for 2027 it is important to understand why the previous attempts did not result in the adoption of a constitution and which barriers and objections were the cause of this.