Tuesday, September 9, 2008

Do Virgin Islanders Deserve a Constitution?

Ok...I was frustrated before, and those frustrations keep mounting.

I just read an article in the St. Thomas Source about the Virgin Islands Constitutional Convention and their deliberations over public education. You can read the article.

In this article, the Source describes a plenary session of delegates to discuss constitutional provisions to construct the Board of Education in the Virgin Islands. What?! Yes, they are drafting text to outline what the Board of Education should look like - in a constitutional document.

When I presented to the Delegates to Convention, I told them that many of the issues they are fighting over should not - and do not need to - be addressed in a constitution.

One of the delegates - Douglas Brady sets the tone for what has always been my argument with the delegates:
What you just read seems to me like a regulation from the Department of Labor. Which is exactly where a lot of this language should be. This is not constitutional stuff. We should be laying out the framework of the government and then the government in place puts in the fine details. (emphasis mine)
I couldn't agree more. A Constitution is the framework for laws and regulations...it is neither law nor regulation.

The Delegates to the US Constitutional Convention were not government officials. The Framers of the US Constitution were not (originally) legislators; they were Revolutionaries. The delegates to the various State Conventions were also revolutionaries. There were no governments at the times these conventions were being held. Even under Reconstruction, the governments that existed were viewed as Rebel Governments and thus invalid. So, those delegates were also Revolutionaries. These delegates weren't there to craft legislation. They were crafting revolution! They left the legislation to the Government they were founding.

The Delegates to the Virgin Islands Constitutional Convention have yet to realize that they are, in fact, Revolutionaries. Our delegates are caught treating the Constitution as a piece of legislation - worrying about issues that should be dealt with in a legislative body. They are to be founding a new Government - not reforming an old one. Yet, they are at the whim of the VI Legislature that is fundamentally opposed to the success of a Convention. The Legislature may say they are for a VI Constitution, however most of them are surely against it as order and accountability that come from structure (a Constitution) will - possibly - mean less graft and corruption.

One official in Governor de Jongh's cabinet actually told me that he prefers the Virgin Islands to adopt the Revised Organic Act of 1954 as our fundamental document! Yes, one of the people entrusted to lead Virgin Islanders advocates that the Virgin Islands be governed by a document written by Congress - and people with no vested interest in the Virgin Islands. With the Organic Act, it will take an act of Congress to change anything - on the ground - in the Virgin Islands...and we know how quickly that will happen.

Do Virgin Islanders deserve a Constitution? Did Britain write the US Constitution? Did the Federal Government write the Constitution of Delaware, Virginia, Florida, Georgia or any of the fifty states? So, why should the Federal Government write our founding document? As a matter of fact, can we even say that the Virgin Islands have truly been established until we craft our own document?

How can Delegate to Convention expect the Government of the Virgin Islands to support the creation of a document that will curtail their power? I'm not so sure that will happen. Could that be the reason we are now in our Fifth Constitutional Convention? Could that be why this convention is struggling? Just a thought...

Freedom and Liberty are things we must fight for, and they are things that the Government will not give to the people. Freedom comes when people seize the moment and take control of their own destiny. Are you willing to do the work to the freedom of Virgin Islanders?

What do you think about a Constitution for the Virgin Islands? Do we need one? Should we simply adopt the Organic Act, written by Congress? Do you think a Constitution will be of benefit to the Virgin Islands?

Virgin Islands for the Virgin Islanders...those at home and those abroad!

8 comments:

Unknown said...

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http://www.stthomasblog.com/?p=1036

Jabriel Ballentine said...

Perfect, thanks for the plug. I think I told you, but I've already encouraged people to visit yours as well!

Marimoy said...

Someone needs to force these people to read the US constitution or the Magna Carta or something!!! These petty issues don't need to be resolved in the constitution. No wonder we have not made progress since 1964!

Jabriel Ballentine said...

You are so right, Mimi! It seems pretty simple. We need to set up the framework so that the issues they are wrangling with may be addressed. That's exactly why we have made no progress since 1964. Really - 3 of the 4 previous attempts failed because of disagreements such as this.

So, having failed us - continually, we must take it upon ourselves to establish a Constitution for the benefit of us and posterity. Are you with us?

Virgin Islands for the Virgin Islanders...those at home and those abroad!

Anonymous said...

Jabriel, you could not be more passionate than I am about this subject. The 5th Constitutional Convention delegates just do not get it.Their job is simple: Delete the controversial issues from the 4th constitution draft & adopt it with a few revisions. Instead, they are wasting time trying to legislate morality, arguing philosophies & religion, & inserting language that will make the document too extensive. We do deserve a constitution but it is apparent that we're on the path of failure #5. The senators & other elected officials will rejoice. The 27th Legislator just extended the deadline for the draft to be completed- more rope for the delegates to hang themselves. If there are clueless now about their role, I do not think these idiots deserve more time. They will continue the same nonproductive behavior-whining for more money, insulting each other, violating the Sunshine Act,conducting meetings without a quorum,debating who is "Native Virgin Islander",ignoring the mandate to draft a document consistent with the U.S. Constitution, some campaigning for the senate, etc.

Jabriel Ballentine said...

Hey Anonymous!

Let's compete for passion, for that will ultimately liberate our homeland!

Now, I agree - the issue of nativism is divisive. Yet, I also know it's a reaction to other divisive proposals by statesiders who attempt to open the VI up for a free rape and pillage. Neither is right...that's why we need a "Territory First" mentality.

If we deserve a Constitution, we will rise up - against the Government - and draft it. We cannot continue to expect the powers that be to restrict their own power - that's what a constitution is designed to do!

I too believe that more time is simply a waste of time. We - on this site - could draft a constitution and then enact it...then move on to shoving it down the Federal Government's throat. This is a democracy after all - government by the people.

We need leadership that stands for the Virgin Islands above all else. But, we haven't seen any with that conviction...so we continue to seek, ask and knock - until such leadership is granted.

Answer the Call: Virgin Islands for the Virgin Islanders...those at home and those abroad!

Anonymous said...

Gabriel, I agree with the response to my comments. I often voice my opinion on the topic, but get hostile reaction. Apparently, anyone in the V.I. with African ancestry who wants equality is labeled an "Uncle Tom." I advocate equal political, social, & political rights for all U.S. citizens residing in the V.I. I thought this egalitarian view would have been acceptable to all "Native Virgin Islander." I was wrong.

There are some native folks who think that achieving political power is an opportunity to seek revenge for the enslavement of their ancestors. Their idea of "Territory First" is winning special rights for natives. The fact that the V.I. is diverse in culture, ethnicity, & national origin is no regard to them. Therefore, it is difficult to unite the people of the V.I. and get the majority to embrace diversity & focus on the goal of adopting a V.I. Constitution.

I will continue to express my views and I am interested in submitting my draft of a V.I. Constitution. I am eager to know how you respond to my latest comments.

Jabriel Ballentine said...

Hey Anonymous. Thanks for the feedback. We must continue to voice our opinions, even in the face of hostile reactions. Maybe if we ruffle enough feathers Virgin Islanders will begin flapping their wings and flying!

I want to be careful advocating for equality. As De Tocqueville says, equality does not necessarily equate to liberty. I advocate for liberty – the freedom to choose. Equality in that vain, means everyone has the equal opportunity to express their free choice – so long as that choice doesn’t infringe upon the liberty of another.

What we need to do – in my opinion – is continue to grow the numbers of folks who contribute to this blog, who are in our facebook group, who are Virgin Islanders at the core. If we succeed in this we can become a driving force in the life of the Virgin Islands, don’t you think?

There is no vengeance for slavery. True Reparations is an expression of Christian love. The Word of God clearly says: “Vengeance is mine, saith the Lord.” Our job here is to be reconciled.

Yet, reconciliation cannot happen with divisiveness. It cannot happen with arguments of special privilege – on either side, whether that be native rights or fundraising efforts to Congress for assistance with EDA benefits.

You’re right that a lack of regard makes it difficult to unite the people. And, it will continue to be difficult so long as natives line up on one side and statesiders (especially Whites) line up on the other…ready to go to war. Both sides are destroying our homeland – some deferring prosperity, others hoarding prosperity.

Please do continue to voice your thoughts. We must engage these topics if we are to make a difference. Let us bring more into the fold!

Answer the Call: Virgin Islands for the Virgin Islanders…those at home and those abroad!