Indigenous Governance Database
constitutional reform
"Modern Tribal Governments, Constitutions, and Sovereignty" Session at NCAI's Annual Convention
This session, convened by NCAI at its 2014 Annual Convention, chronicled the growing movement by tribal nations to reform and strengthen their constitutions in order to reflect and preserve their distinct cultures and ways of life, more effectively address their contemporary challenges, and achieve…
Cherokee Nation '99 Constitution Incorporated Older Ideas
Before the Cherokee Nation 1999 Constitution was ratified by voters in 2003 and recognized by the federal government in 2006, the tribe was governed under different laws that required extensive input and oversight by Cherokees when they decided to rewrite the document in 1995. Under the 1975…
Constitution proposed for Cherokee
Cherokee voters will have the chance to give their nation a long-awaited constitution if Tribal Council approves a referendum question proposed for the September ballot. “Right now we don’t have a constitution. We have a charter, and a charter is for an organization, a corporation or something of…
Tribal Executive Branches: A Path to Tribal Constitutional Reform
In the modern era, tribes have made tremendous gains in retaining — and reclaiming — their sovereignty. But despite this external progress, some tribes have struggled to overcome internal governance challenges.2× One such challenge is presented by “IRA constitutions”: those constitutions either…
Honoring Nations All-Stars Profile: Constitutional Reform Citizen Potawatomi Nation
Forced relocations, loss of lands, and the economic necessity of moving away from home and community are common histories in Indian Country. Yet, despite these tragic circumstances, tribes continue to assert their sovereignty in order to improve the lives of their people. One of these remarkable…
Cherokee Nation Constitution
Cherokee Nation is spread across 14 counties in northeastern Oklahoma with a population of 300,000 people. The constitution was enacted in 2003. Cherokee Nation allows citizens who live outside the territory to vote in elections and be represented on the council. Preamble: We, the People of the…
An Act Creating A Constitution Convention Commission Be It Enacted By The Cherokee Nation
CHAPTER 1 GENERAL PROVISIONS §1. Purpose: This ACT is adopted for the purpose of establishing a Constitution Convention Commission. The Commission shall oversee the conduct of a constitutional convention as called for by a vote of the Cherokee people in the 1995 election.
Cheyenne and Arapaho Tribes: Legislative Functions Excerpt
ARTICLE VI - LEGISLATIVE BRANCH Section 1. Composition. The Legislative Branch shall be comprised of one Legislature. The Legislature shall consist of four Cheyenne Districts and four Arapaho Districts. Each Cheyenne District shall have one Cheyenne Legislator and each Arapaho District shall have…
Citizen Potawatomi Nation Constitutional Reform
Tribal governments across the United States work tirelessly to provide their citizens with effective systems of governance. After years of failed assimilation attempts, the federal government imposed blanket political systems upon almost all tribes regardless of those systems’ effectiveness or…
Osage Nation Governmental Reform Initiative
At the turn of the 20th century, the US government abolished the 1881 Osage Nation Constitution and imposed rules for land ownership and citizenship. Many Osage citizens were disenfranchised and the Tribal Council was granted only limited powers, which lead to years of weak government, corruption,…
Northern Cheyenne Constitutional Reform
The Northern Cheyenne Tribe is a sovereign nation. It is a federally-recognized Indian tribe with powers and authority to govern the activities of its members. The Tribe is governed by a Constitution and Bylaws first adopted on November 23, 1935. In the early 1990s, in order to meet the demands of…
Broken Government: Constitutional Inadequacy Spawns Conflict at San Carlos
This article, published in 1999, examined the governmental conflict taking place at the San Carlos Apache Tribe. It explored the historical constitutional roots of the conflict, specifically the ineffectiveness and culturally inappropriate Indian Reorganization constitution and system of government…
Devon Lomayesva: Making Constitution Reform and Tribal Law Work
Devon Lomayesva, a citizen of the Iipay Nation of Santa Ysabel in California, offers her perspectives on asserting tribal law in a P.L. 280 state. The Iipay Nation of Santa Ysabel underwent a constitutional reform process, and Devon shares her experiences with and perspectives of that process. Her…
Robert Hershey: Dispelling Stereotypes about the Federal Government's Role in Native Nation Constitutional Reform
Robert Hershey, Professor of Law and American Indian Studies at The University of Arizona, dispels some longstanding stereotypes about what the federal government can and will do should a Native nation decide to amend its constitution to remove the Secretary of Interior approval clause or else make…
Vanya Hogen: Redefining Citizenship Criteria Through Constitutional Reform and Other Means
Lawyer and tribal judge Vanya Hogen (Oglala Sioux) discusses the difficulties inherent in amending Indian Reorganization Act (IRA) constitutions to redefine tribal citizenship criteria, and shares the story of the Shakopee Mdewakanton Sioux Community as an example of one Native nation with an IRA…
Good Native Governance Break Out 3: Tribal Constitutional Revitalization
UCLA School of Law "Good Native Governance" conference presenters, panelists and participants Melissa L. Tatum, Devon Lee Lomayesva, and Jill Doerfler discuss constitutional reform efforts. Melissa describes the purpose of consitutions. Using her own Nation's experience, Devon discusses the Iipay…
Robert Hershey and Andrew Martinez: The Legal Process of Constitutional Reform (Q&A)
Robert Hershey and Andrew Martinez engage participants in a lively discussion about the intricacies of secretarial elections and whether and how Native nations with Indian Reorganization Act constitutions should remove the Secretary of Interior approval clause from those governing documents.
Ian Record: Some of the Difficulties of Constitutional Reform (Presentation Highlight)
In this highlight from the presentation "Defining Constitutions and the Movement to Remake Them," Ian Record discusses two of the many challenges that Native nations typically encounter when they move to change their existing constitutions or develop new ones.
Justin Beaulieu: The Red Lake Nation's Approach to Constitutional Reform
Justin Beaulieu (Red Lake Nation), coordinator of the Red lake Nation Constitution Reform Initiative, provides a detailed overview of how the Red Lake Nation's constitution reform committee has designed and is implementing a methodical, strategic, comprehensive approach to reviewing and reforming…
Floyd "Buck" Jourdain: Constitutional Reform and Leadership at the Red Lake Nation
Floyd "Buck" Jourdain, Chairman of the Red Lake Nation from 2004 to 2014, discusses his nation's constitutional reform effort and the supporting role he played in helping to get the effort off of the ground. He also talks about how comprehensive constitutional reform will empower his nation's…