U.S. Code » Title 48 » Chapter CHAPTER 12— VIRGIN ISLANDS [1954] › Subchapter SUBCHAPTER III— LEGISLATIVE BRANCH

48 U.S.C. § 1571

Legislature

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(a) Designation and unicameral character

The legislative power and authority of the Virgin Islands shall be vested in a legislature, consisting of one house, to be designated the “Legislature of the Virgin Islands”, herein referred to as the legislature.

(b) Composition; legislative districts; method of elections

The legislature shall be composed of members to be known as senators. The number of such senators shall be determined by the laws of the Virgin Islands. The apportionment of the legislature shall be as provided by the laws of the Virgin Islands: Provided, That such apportionment shall not deny to any person in the Virgin Islands the equal protection of the law: And provided further, That every voter in any district election or at large election shall be permitted to vote for the whole number of persons to be elected in that district election or at large election as the case may be. Until the legislature shall provide otherwise, four members shall be elected at large, five shall be elected from the District of Saint Thomas, five from the District of Saint Croix, and one from the District of Saint John, as those Districts were constituted on July 22, 1954,

(July 22, 1954, ch. 558, § 5, 68 Stat. 498; Pub. L. 89–548, § 1, Aug. 30, 1966, 80 Stat. 371; Pub. L. 106–364, § 1, Oct. 27, 2000, 114 Stat. 1408.)Editorial NotesAmendments

2000—Subsec. (b). Pub. L. 106–364 struck out “fifteen” after “composed of” in first sentence and inserted “The number of such senators shall be determined by the laws of the Virgin Islands.” after first sentence.

1966—Subsec. (b). Pub. L. 89–548 raised from eleven to fifteen the total number of senators in the legislature, substituted provision that the legislature be apportioned according to the laws of the Virgin Islands for provisions spelling out the division of the Virgin Islands into districts, the composition of each such district, and the district and at-large representation breakdown of the senators in the legislature, struck out provision for the casting of a ballot for two candidates by each elector in at-large elections and the drawing of lots to determine placement on the ballot in at-large elections, prohibited apportionment in a way which would deny equal protection of the law, and provided for temporary apportionment until the legislature provided otherwise from the districts as constituted on July 22, 1954.

Statutory Notes and Related SubsidiariesEffective Date of 1966 Amendment

Pub. L. 89–548, § 2, Aug. 30, 1966, 80 Stat. 371, provided that: “This Act [amending this section] shall be effective with respect to the legislature to be elected at the regular general election in November 1966, and thereafter.”

Notes of Decisions
Cited in 26 cases (1 in the last 5 years), 1958–2024 · leading case: Kendall v. Russell, 572 F.3d 126 (3rd Cir. 2009).
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Kendall v. Russell, 572 F.3d 126 (3rd Cir. 2009). · cites it 2× “, which, as we have noted, serves as the Constitution of the Virgin Islands. See Brow v.”
Bluebeard's Castle, Inc. Castle Acquisitions, Inc. v. Gov't of the Virgin Islands Roy Martin, in His Off. Capacity as Tax Assessor, 321 F.3d 394 (3rd Cir. 2003). “48 U.S.C. § 1571 . The executive branch is governed by an elected governor.”
Gerace v. Bentley, 65 V.I. 289 (2016). “1 For the reasons that *301 follow, we conclude that section 547 does not violate the separation of powers doctrine, but hold that the statute is invalid under the Equal Protection Clause of the Fourteenth Amendment as well as the Privileges and Immunities Clause found in…”
United States v. Wayne James, 888 F.3d 42 (3rd Cir. 2018). · cites it 2× “" 48 U.S.C. § 1571 (a). Members of the legislature are "known as senators.”
Virgin Islands Waste Mgmt. Auth. v. Bovoni Investments, LLC, 61 V.I. 355 (2014). “48 U.S.C. § 1571 (a) (“The legislative power and authority of the Virgin Islands shall be vested in a legislature, consisting of one house, to be designated the ‘Legislature of the Virgin Islands.”
United States v. Etienne George, 625 F.2d 1081 (3rd Cir. 1980). “The prosecution argued in Ortiz that, in reenacting 48 U.S.C. § 1571 in 1968, Pub.L. 89-548, § 1 , 80 Stat.”
Gov't of the Virgin Islands v. Desmond Bryan, 818 F.2d 1069 (3rd Cir. 1987). “the ‘Legislature of the Virgin Islands’,” 48 U.S.C. § 1571 (a), and “shall extend to all rightful subjects of legislation not inconsistent with [the Revised Organic Act] or the laws of the United States made applicable to the Virgin Islands.”
Limetree Bay Terminals, LLC v. Liger, 2024 V.I. 26 (2024). · cites it 2× “Separation of Powers ¶ 10 The Revised Organic Act “divides the power to govern the territory between a legislative branch, 48 U.S.C. § 1571 , an executive branch, id.”
Territorial Court of Virgin Islands v. Richards, 673 F. Supp. 152 (D.V.I. 1987). “See 48 U.S.C. §§ 1571 , 1591, 1611. We presume, therefore, that if Congress wanted to limit the Inspector’s authority to the executive branch of the government of the Virgin Islands it would have explicitly done so.”
Berne Corp. v. Gov't of the Virgin Islands, 120 F. Supp. 2d 528 (D.V.I. 2000). “Org Act § 5(a), 48 U.S.C. § 1571 (a). 9 .Title 33, Section 2404 of the Virgin Islands Code presently reads: (a) In computing the actual value of real property subject to taxation, the assessor shall take in consideration all of the following elements and incidents— (1) location…”
Moolenaar v. Todman, 317 F. Supp. 226 (D.V.I. 1970). · cites it 3× “, and that a court so convened (a) declare section 5(b) of the Revised Organic Act of the Virgin Islands, 48 U.S.C. § 1571 (b) (Supp. V, 1969) and all territorial statutes enacted pursuant thereto invalid for repugnance to the “due process” clause of the Fifth and Fourteenth…”
Bryan v. Liburd, 35 V.I. 46 (1996). “48 U.S.C. § 1571 (a) and (b); 2 V.I.C. §§ 101, 102.”
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