Author Archives: drlisachristiansen

To Be Free You Start By Loving Yourself


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Here on the pulse of this new day you may have the grace to look up and out and into your sister’s eyes, into your brother’s face, your country and say simply, very simply with hope good morning. Ever, did you ever, sit down and wonder about what freedom’s freedom would bring it’s so easy to be free you start by loving yourself then those who look like you all else will come naturally… Sometimes the things that may or may not be true are the things you need to believe in the most. That people are basically good; that honor, courage, and virtue mean everything; that power and money, money and power mean nothing; that good always triumphs over evil; and I want you to remember this, that love… true love never dies. You remember that because it doesn’t matter if it’s true or not. The reason you should believe in those things is because those are the things worth believing in, hope lives in believing and faith is believing in what you cannot see…
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I pray this prayer with you… Father I come to you for the strength to stand even if it means I stand alone, I pray for forgiveness to all for they know not what they do and I know forgiveness begins with me and it is forgiveness that will set you free and with this gratitude is born, when your heart is filled with gratitude it only has room for God’s everlasting love to live inside giving you the the armor as God’s word as your sword, the holy ghost as the power to command alignment of God’s army of angel warriors to fight the demons that stand against us, and the love of Jesus Christ to embrace us with God’s amazing grace to bring us authentic peace and the strength to remain his humble servant. Amen
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Mr Nutella Michele Ferrero dies at age 89 on Saturday February 14, 2015


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Mr Nutella Michele Ferrero who became Italy’s wealthiest man with £14.4billion (over 22billion U.S. Dollars) chocolate empire dies at age 89 on Saturday February 14, 2015 after a long illness, Michele Ferrero the world’s wealthiest chocolatier has died aged 89
He died at home in Monaco after months of illness, his company revealed Entrepreneur was Italy’s wealthiest man with net worth of £14.4billion (over 22billion U.S. Dollars)
Death opens question of succession at Ferrero group with £6billion sales.

The death of Italy’s richest man opens the question of succession and potential tie-ups at the family-controlled Ferrero group, which has sales of around £6billion. Mr Ferrero created the chocolate-hazelnut Nutella spread, Ferrero Rocher pralines, Kinder eggs and Tic Tac sweets – turning a provincial chocolate factory into a global empire.
He died at home in Monaco on Valentine’s Day after months of illness, his company revealed.

Italian President Sergio Mattarella led the tributes to the ‘born entrepreneur’ and said he was deeply touched by the death of one of the protagonists of Italian industry.
‘He was always ahead of his time thanks to innovative products and his tenacious and reserved work,’ said Mr Mattarella.
Twitter was flooded with messages from people who thanked Ferrero for ‘sweetening up’ their lives. Mr Ferrero’s net worth of £14.4billion ranked him 31st, the highest of any Italian, on the Bloomberg Billionaires Index, as of February 2015. Forbes magazine described Ferrero as ‘the richest candyman on the planet’, putting him and his family in 30th place on their list of the world’s wealthiest people.

The entrepreneur built the business founded by his parents in the 1940s into one of the world’s biggest confectionery companies.
His father Pietro started making Nutella when cocoa was still rationed during World War II and transformed a small coffee bar in Piedmont, Italy, into a sweets factory in 1946.
With cocoa expensive as Italy rebuilt from war, the company experimented with locally abundant nuts as a substitute ingredient and developed Nutella using a cocoa-hazelnut base.
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The first pot of Nutella was made in Alba in northwest Italy in April 1964 and the company produces around 365,000 tonnes of Nutella every year in 11 factories around the world.
Mr Ferrero’s son Giovanni became chief executive of the chocolate empire after his older brother Pietro, the chosen heir, died of a heart attack in 2011 while cycling in South Africa.
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In late 2013, Giovanni denied suggestions that the company had been approached by the Swiss-based multinational Nestle, saying Ferrero was not for sale. Industry insiders say he is less interested than his brother was in running the company. Ferrero senior was a man of few words who shunned publicity, turning a local business from the Piedmont region into a global giant.
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He had a reputation as a forceful leader, but also as one who maintained generous working conditions and gave back to his community. Until a few years ago, Mr Ferrero commuted by helicopter every day from his Monte Carlo villa to company headquarters in Alba, northwest Italy, to taste and help design new products.

He never let outsiders buy into the company, which his father set up in 1946. The Ferrero group makes Ferrero Rocher, Mon Cheri and Kinder chocolates and employs more than 22,000 workers. The group has an annual turnover of more than 8 billion euros ($9 billion).

In 2013 Forbes estimated that Mr Ferrero and his family were worth $20.4 billion (14.9 billion euros). The group, which toyed with the idea of making a bid for its British rival Cadbury a few years ago, is present in 53 countries.

Rejuvalife ~ Heart Of The Cherokee


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Today is a big day for me because today at 15:26:40 pm (3:26 pm CST) Central Standard Time my “secret” health drink recipe is Patent Pending at the United States Patent and Trademark Office… This recipe now has an official name “Rejuvalife ~ Heart Of The Cherokee.” Patent Pending #62112947

Rejuvalife ~ Heart Of The Cherokee

The most Important Recipe I Can Give You That I Created By God’s Grace and ingredients handed down with my own additions to the original ingredients.

This is what I call Heart Of The Cherokee because it behaves like a “Drano” for the arteries because cleanses as it reduces cholesterol, keeps arteries pliable, cleans the plaque and reduces its ability to build up plaque. It is a fat emulsifier eliminating fat through your waste, keeps your weight in balance. It will keep your skin smooth and it will give you energy. This has a fruit flavor with a hint of sweet nut. Below are listed the key benefits of each ingredient and what they do by themselves however combined it somehow changes the bioavailability and creates a perfect environment within your body to heal itself, enrich your immune system and break calcium buildup while preventing plaque buildup in your arteries. It has heirloom seeds not available for purchase grown on Cherokee land by the Cherokee people.
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Many of the various practices have been passed down orally from generation to generation and never documented in writing, which leaves many of the healing remedies a mystery. Only rarely did the healers, such as the Cherokee, who developed a written language, put their formulas or practices in writing.
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Human Trafficking of Native American Women In 2015


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When I went to the Comanche Nation Domestic Violence Shelter as I was waiting one of the councilors and I were having conversations of our childhood and it led to the conversation of the explosive recent events of human Trafficking right here in Oklahoma with our Native brothers and sisters. My mother was passionate about stopping this 47 years ago shortly after I was born so you can imagine the impact this information had on me. It is a very real threat and it’s happening everyday and it is a growing epidemic. “The Devastating Impact of Human Trafficking of Native Women on Indian Reservations”

Testimony of Lisa Brunner, Program Specialist, National Indigenous Women’s Resource Center: Hearing on “Combating Human Trafficking: Federal, State, and Local Perspectives” before the Committee on Homeland Security and Governmental Affairs
Human Trafficking of Native women in the United States is not a new era of violence against Native women but rather the continuation of a lengthy historical one with the colonization of America through wars, forced removal from their homelands to reservations, boarding schools and forced urban relocation. Domestic human trafficking in the United States has a longstanding history.

Native women experience violent victimization at a higher rate than any other U.S. population. Congressional findings are that Native American and Alaska Native women are raped 34.1%, more than 1 in 3, will be raped in their lifetime, 64%, more than 6 in 10, will be physically assaulted. Native women are stalked more than twice the rate of other women. Native women are murdered at more than ten times the national average. Non-Indians commit 88% of violent crimes against Native women.
Given the above statistical data and the historical roots of violence against Native women, the level of human trafficking given the sparse data collected can only equate to the current epidemic levels we face within our tribal communities and Nations.
As an enrolled member of the White Earth Ojibwe Nation in Minnesota, I live, work and raise my children on my reservation. I have worked for over 15 years addressing domestic violence and sexual assault of Native women and have witnessed and heard countless stories of human trafficking occurring to the point that we have girls as young as 12 years olds who are victims. With the introduction of heroin, we now have an epidemic of the same age group and up of girls and women who are trafficked now have heroin needles in their arms. Native women and girls are sold for $20 worth of heroin.

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We have mother’s call local county sheriffs departments reporting their daughters missing only to be told, “We have better things to do with our time or why don’t you be a mother and know where the hell your daughter is”. It is difficult given the jurisdictional complexity of the 566 federally recognized tribes in the country with non-Public Law 280, Public Law 280, 638 Contract, Land Claim Settlement States, Oklahoma’s checkerboard and Alaska Native villages. To add to the complexity, if
the perpetrator is non-Native, then the Tribes and Alaska Villages do not have criminal jurisdiction. With the recent wide-range impact of extractive industries such as oil fracking and pipelines is predatory economics at its worse for the Fort Berthold Nation in North Dakota and Fort Peck Reservation in Montana. With the fracking of the Bauken formation, comes “man camps’. The victim advocates responding to calls for service on Forth Berthold said there has been a doubling and tripling of numbers of sexual assaults, domestic violence and human trafficking incidents since 2008.

The multiple layers of issues that have come to the forefront are the lack of documentation of these man camps. Emergency services often can’t find their locations and since they are located in isolated and desolate areas, there often are no cell phone services available. There are two types of man camps: documented and undocumented. Undocumented camps are often 50-100 trailers that a rancher or farmer has set up on his land to rent out and make money. These undocumented camps present a special problem for emergency services and organizations since they don’t exist on a map or have addresses. The other issue involved with the man camps in Forth Berthold is lack of monitoring and registration of sex offenders whether they are in the documented or undocumented man camps that pose a serious threat to the safety of women and children in the area.
In Montana, the Bauken Oil Boom has impacted the largest reservation, Fort Peck, and residing counties have experienced both a population and crime explosion.

The majority of employees from the oilrigs are not from Fort Peck Tribes or Roosevelt County or even from Montana. There have been documented increases in drug use and human trafficking, theft, alcohol related incidents and assaults within the last year. Law enforcement response, tribal DV/SA services, and medical response to these crimes have tripled in the last year.
Within Northeastern Montana there are currently three man camps with several more only seventy miles away in the neighboring state of North Dakota. Many Tribal advocates have responded to victims that have been trafficked at the man camps often preying on young native women. Groups of men from the man camps use free access to drugs and alcohol as a method of coercion for young native women to “get in the car” and go party. This has resulted in 11 young native women ranging from the ages of 16-21 years of age reporting rape, gang rape and other sex acts; the majority of these victims are afraid to report due to fear and shame.

The Fort Peck Tribes SORNA program reports that one year ago there were forty- eight registered sex offenders and now there are over six hundred registered sex offenders. The struggle has been that non-native sex offenders to do not recognize the tribal jurisdiction and feel they “do not” have to report to the tribal SORNA program. However, the U.S. Marshals and other law enforcement agencies have assisted in gaining registration of known sex offenders on the tribal registry.

Another aspect of to the domestic human trafficking issues in the U.S. and Tribal Nations is the U.S. Adoption Industry. In an article in Indian Country Today titled: Trafficking of Native Children: The Seamy Underbelly of U.S. Adoption Industry brings to light the practice of selling Indian infants and children to the highest bidder which brings in revenue for lawyers from $25,000-$100,000 per child. In this article, it is stated that in 2012, 50 Native children were adopted out from North Dakota to South Carolina. These adoptions are done without the Tribes knowledge or consent or that of the biological fathers.

To really gain insight to domestic human trafficking in the U.S., one must take examine the many sectors in which this is facilitated, whether it be extractive industries, pimps, gangs, cartels, family members or lawyers working in an adoption industry. Many different avenues must be examined and taken into account to fully understand what leads to this epidemic of human trafficking that not only impacts Tribal Nations and Alaska Villages but all citizens of this country.

“I am a Program Specialist with the National Indigenous Women’s Resource Center. Our role as an organization is to serve as a National Indian Resource Center that provides technical assistance/training, resource development, policy development, research activity and public awareness that also seeks to enhance Native American and Alaska Native tribes, Native Hawaiians, Tribal and Native Hawaiian organizations to respond to violence against Native women.” says Lisa Brunner.

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Native American tribal governments are an integral part of the political fabric of the United States


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Native American tribal governments are an integral part of the political fabric of the United States. As the Supreme Court of the United States determined in its 1831 decision in Cherokee Nation v. Georgia, 30 U.S. (5 Peters) 1, tribal governments are not “states” in a constitutional sense, nor are they “foreign states,” at least for purposes of Article III original jurisdiction. Instead, they are “domestic dependent nations,” with many sovereign powers retained from the pre-contact period. As tribal governments have grown in political and economic power, the Supreme Court, the United States Congress, the federal executive, and the tribes have engaged in an increasingly important discussion to determine the scope of their powers. States, municipalities and individual citizens have all contributed to this conversation. The result is a legal regime of fascinating complexity.
More than 500 tribal governments are recognized by the United States government. Some have large membership bases and control vast domains. The Navajo, for example, comprise a population of more than 225,000 and govern lands totaling in excess of 15 million acres spread over three Southwestern states. The largest tribe in terms of membership is the Cherokee Nation, which has more than 300,000 citizens. Most tribes, however, have fewer than 1000 members. Approximately 40% of all federally recognized tribes are village groups in Alaska. The smallest tribal reservation is smaller than 100 acres. The state with the largest Indian population is California, with Oklahoma a close second. Alaska is the state with the highest percentage of Native Americans residing within its borders.
Each tribal government operates according to its own constitutional rules. Most tribes have written constitutions. Many of these are modeled after form constitutions prepared by the United States Department of the Interior pursuant to the Indian Reorganization Act of 1934, a New Deal initiative designed to strengthen tribal government. Tribes that operate under these constitutions are called “IRA” tribes. By electing, according to the terms of the Indian Reorganization Act, not to opt out of the Act’s coverage, these tribes were empowered by Congress to borrow funds for economic development and form tribal corporations. Some tribes, most notably the Navajo, voted to opt out of the IRA’s coverage. The Oklahoma tribes were not covered by the Act; instead, they were made were subject to a similar statute, the Oklahoma Indian Welfare Act. IRA tribes ordinarily have strong executives, although constitutional amendment has replaced many of these with balanced executives, legislatures and judiciaries.

Tribal governments exercise power that has been diminished over time by acts of the federal government. Congress, which has “plenary” power over Indian affairs (Lone Wolf v.Hitchcock, 187 U.S. 553 (1903)), has repeatedly acted to limit the scope of tribal power. Perhaps the most dramatic instance occurred in 1968 with the passage of the Indian Civil Rights Act. As non-parties to the United States Constitution, the tribes are not subject to the restrictions contained in the Bill of Rights or subsequent amendments. Talton v. Maves, 163 U.S.. 376 (1896). Thus tribes have been free historically to legislate to the extent allowed by their own constitutions. Many of these constitutions contained provisions equivalent or analogous to the Bill of Rights provisions. Nevertheless, in 1968, inspired by the Civil Rights movement, Congress passed a statute imposing on tribal governments many of the Bill of Rights provisions and other limitations as well. Some of the Bill of Rights provisions were not included in the Indian Civil Rights Act. The Act does not, for example, prohibit the establishment of religion by tribal governments. On the other hand, in some instances the Act is more limiting than the Bill of Rights. Under the Act in its present version, for example, tribal courts are denied the power to impose sentences in criminal cases in excess of $5000 and/or one year in jail. This restriction has made it difficult for many tribal courts to address criminal activity in their jurisdictions. The Indian Civil Rights Act provides statutory, but not constitutional, limitations. Individuals who feel their Indian Civil Rights Act rights have been violated by a tribal government cannot bring a federal civil rights suit to challenge the allegedly violating act. Instead, as the Supreme Court made clear in Santa Clara Pueblo v. Martinez, 436 U.S. 49 (1978), persons wishing to bring Indian Civil Rights Act claims may do so only in tribal court, and then only if the tribe has accorded that court jurisdiction. Congress has also limited the power of tribes by making tribal governments subject to certain laws of general application, for example, environmental protection laws. Where these laws fail to mention tribes and their application impinges on treaty rights, courts must make individual deterrninations to assess whether a given law applies to a tribe. Congress has the power to abrogate Indian treaty rights, but when it does so it is liable to pay the tribe compensation under the Fifth Amendment to the United States Constitution. Before a court will find a Fifth Amendment taking to have occurred it will look to Congress’ intent. Current federal circuit court splits include tribal accountability under the Occupational Safety and Health Act and the federal collective bargaining laws.

Since the late 1970s, the Supreme Court has also been an active participant in placing limits on the scope of tribal sovereign power. The Supreme Court is the architect and custodian of a federal common law doctrine called the “discovery doctrine.” Introduced in the 1823 case of Johnson v. M’Intosh, 2 1 U.S. (8 Wheat.) 543, the discovery doctrine provided that at the discovery of the New World by Europeans, title to all discovered lands vested in the discovering European sovereign, while the tribes retained an occupancy right alienable only to the same discovering sovereign. Discovery had deprived the tribes of the power to alienate their lands freely. In 1978, in Oliphant v. Suquamish Indian Tribe, 435 U.S. 191, the Supreme Court held that discovery also deprived the tribes of the power to conduct criminal prosecutions of non-Indians. In 1990, in Duro v. Reina, 495 U.S. 676, the Oliphant holding was expanded to proscribe tribal criminal prosecutions of non-member Indians. The Duro decision prompted a federal legislative override; the constitutionality of this override has been questioned, and its effect remains uncertain. Other discovery-related limitations on tribal power involve the exercise of civil jurisdiction. In Montana v. United States, 450 U.S. 544 (198 l), the Supreme Court held that tribes could not exercise civil regulatory jurisdiction over non-Indian activities on non-Indian-owned lands within the bounds of reservations, unless the non-Indian had some commercial relationship with the tribe or the activity threatened or had some direct upon the tribe’s political integrity, economic security, or health or welfare. In Strate v. A-l Contractors, 520 U.S. 438 (1997), the Court expanded this rule to deny a tribal court the right to hear a civil dispute brought by a non-Indian against another non-Indian for a tort arising on a state right-of way within the reservation.

Tribes exercise jurisdiction over Indian Country, as defined in 11 U.S.C. 8 115 1. Indian Country includes all land within the limits of Indian reservations, all “dependent Indian communities”, and all restricted Indian allotments, i.e., individual restricted parcels formerly part of reservations but allotted to Individual tribal members pursuant to the General Allotment Act of 1887 or similar statute. Reservations, for the most part, resulted from treaties. Conceptually, “reservations” were not lands given to the tribes, but tribal lands reserved by the tribes from larger tracts other parts of which were ceded to the United States. This applies to other treaty rights as well: where the rights – e.g., the right to hunt and fish – are not expressly ceded by the tribe, they are deemed “reserved.” In most instances – the lands of the Five Civilized Tribes in Oklahoma and the Pueblos are the most notable exceptions – the tribes do not own the underlying fee title to reservation land. Instead, that title is held to have passed to the United States by way of the original European discovery of the land. As noted above, the doctrine that supports this rule, the “discovery doctrine”, was adopted by the Supreme Court of the United States in Johnson v. M’Intosh.
The situation of the Alaska Natives is sufficiently different to warrant brief digression. In 1971, Congress settled tribal claims to most of Alaska by passing the Alaska Native Claims Settlement Act (“ANCSA”), pursuant to which, in exchange for relinquishing their claims to 365 million acres, Alaska Natives received land selection rights to 44 million acres plus cash payments equaling $962.5 million. Title to these new native lands was vested not in tribal governments, but in tribal village corporations, chartered under state law, and individual Alaska Natives became corporate shareholders. According to the Supreme Court, most Alaska Native land ceased at that time to be Indian Country. Alaska v. Native Village of Venetie Tribal
Government, 522 U.S. 520 (1998).

The United States is trustee or guardian for the tribes. This role traces to the Supreme Court’s opinion in Cherokee Nation v. Georgia, in which Chief Justice John Marshall wrote that the relationship of the tribes to the United States resembles that of a “ward to its guardian.” Because of this role, the United States holds the underlying fee title to tribal lands in trust for the tribes. For this reason, they are styled “trust lands.” The role of the United States as guardian or trustee has several consequences. When managing tribal or individual Indian property, the United States is held to a high standard of care. The tribal status as ward entitles tribes to sue officers of the United States when that standard of care is violated. In addition, because they are federal wards, tribes may seek United States assistance in litigating against states or private parties. As the Supreme Court decided in United States v. Kagama, 118 U.S. 375 (1886), the guardianship responsibility also serves as an extra-constitutional source of authority for Congress to pass legislation affecting Indians.

The principal federal agency charged with carrying out the trust responsibility is the Bureau of Indian Affairs in the Department of the Interior. The Bureau is headed by the Assistant Secretary for Indian Affairs. Other offices charged with carrying out the trust responsibility include the Indian Resources Section of the Environment and Natural Resources Division of the United States Department of Justice. The trust responsibility runs to all federally recognized tribes. Some tribes are not federally recognized. Many of these are recognized by the states in which they are located. Others are not officially recognized by either the state or federal governments. The Department of the Interior has established a procedure whereby such groups
can petition for federal recognition. The process involves demonstrating political cohesiveness and continuity. Currently, the process is overseen by the Branch of Acknowledgment and Research of the Bureau of Indian Affairs. Alternatively, non-federally-recognized tribes can petition Congress for recognition.

Tribal status is a political classification. Thus statutes and regulations providing different treatment for Indians as enrolled tribal members are not subject to challenge as racediscrimination under the equal protection clause of the Fourteenth Amendment. Morton v. Mancari, 417 U.S. 535 (1974). Statutes affecting Indians and Indian tribes are for the most part collected in Title 25 of the United States Code. Federal agencies also issue regulations affecting Indians and tribal governments.
Not all substantive tribal rights are located in statutes and regulations. Prior to 1871, the federal government dealt with tribes by treaty. Many of these pre-1871 treaties remain in force. Treaties were routinely negotiated in ways disadvantageous to tribes. United States negotiators frequently worked into these documents legal concepts and terms unfamiliar to tribal negotiators, binding tribes to obligations they did not fully understand. Treaties were often executed by tribal signatories appointed by the United States. Language difficulties confounded many tribal negotiators. For these and other reasons, when courts interpret these treaties today, they employ canons of construction similar to those used when courts interpret long corporate form adhesion contracts: ambiguous terms are interpreted in favor of the Indians; treaties are interpreted as the Indians would have understood them; and treaties are liberally construed in favor of the Indians. Application of these canons does not always meet with popular approval. In 1974, when the United States District Court for the Western District of Washington ruled that the treaties at issue in United States v. Washington, 384 F. Supp. 3 12 (1974), must be interpreted to allow the tribes 50% of the anadromous fish run in Washington State, the federal judge was hanged in effigy.

Perhaps the most complicated interaction in Federal Indian Law is that between the tribes and the states. The Supreme Court in Worcester v. Georgia, 3 1 U.S. (6 Peters) 5 15 (1832) attempted to establish a bright line rule disallowing any state authority in Indian Country. This rule has been eroded over time, however, and while Worcester still provides a benchmark, other analytical methods are employed to determine whether a state’s purported exercise of jurisdiction is valid. One such method was introduced by the Court in Williams v. Lee, 358 U.S. 217 (1959). Williams involved a state court’s attempt to exercise jurisdiction over a breach of contract claim brought by a non-Indian storeowner against a Navajo couple for an alleged failure to pay on an on-reservation store account. The Court held that the state had no authority to exercise jurisdiction over an on-reservation transaction if to do so would “infringe on the right of reservation Indians to make their own lawsreservation Indians to make their own laws and be governed by them.” Subsequently, the Court identified an additional ground for denying state jurisdiction: federal preemption, against a backdrop of tribal sovereignty. If the United States heavily regulates timber harvesting on reservation, for example, a state cannot impose a tax on non-Indian truck operators using Bureau of Indian Affairs roads to carry timber off the reservation under contract with the tribe. White Mountain Apache Tribe v. Bracker 448 U.S. 136 (1980). The difficulty of applying these tests and enforcing the exercise of state jurisdiction even where appropriate has led many states, with the Court’s encouragement, to enter into compacts with tribes setting forth terrns of resolution of jurisdictional disputes. These compacts cover a wide area, from tax revenue sharing to water rights sales.

Perhaps the most publicly discussed state-tribal compacts today are those involving Indian gaming. Indian gaming as an industry began modestly in the 1970s. Then California moved to shut down the Cabazon Band’s bingo operation. The tribe took the case to the Supreme Court, which ruled that California had no authority to prohibit or regulate the operation. California v. Cabazon Band of Mission Indians ,480 U.S. 202 (1987). Overnight, other tribes moved to establish gaming facilities. In 1988, Congress responded to complaints from states that without some regulation lawlessness would result by passing the Indian Gaming Regulatory Act. The Act divides gaming into three classes: traditional tribal games with nominal prizes are Class I; bingo and like games are Class II; and all other games (including slot machines, horse racing and card games played against the house) are Class III. Before a tribe can open a facility offering Class III games, it must compact the terms of operation (including law enforcement) with the state. In addition to tribal supervision and compacted state supervision, Indian gaming facilities are subject to federal supervision through the National Indian Gaming Commission. As a result, Indian gaming facilities are among the most heavily regulated such facilities in the world. While only a minority of tribes are located in areas sufficiently close to large urban areas to draw large clienteles, many tribes have received economic benefit from gaming. These benefits pass directly to tribal members and the surrounding community as a result of federal requirements that revenues go to public functions.

Tribal economic development has long been an expressed purpose of federal Indian policy. In the Indian Reorganization Act of 1934, Congress provided for the creation of tribal corporations to carry out development projects. Since that time, Congress has amended restrictive legislation to allow tribes more flexibility in developing their economies. The Indian Mineral Development Act of 1982, for example, allowed tribes for the first time to enter into joint venture and other types of agreements with outside mineral development partners. Because of their remote locations and various statutory limitations, including the restraint on land alienation, which precludes mortgaging, tribes have had to be creative in economic development planning. One natural avenue has been the sale of items subject to excess taxation by the states. These products (including cigarettes) are sold off reservation at inflated tax rates partly to discourage use. To the extent that tribes can sell them on reservation without these taxes, they can sell them at competitive prices and draw business to their remote locations. In a series of decisions, the Supreme Court has held that while tribes can sell tax-free to their members, they cannot sell tax-free to non-members. Difficulties in working out a mechanism to enforce the collection of taxes on non-members has led many states, such as Oklahoma, to compact with tribes terms for tax revenue collection and distribution that are intended ultimately to benefit both tribe and state.

One modem trend that has facilitated tribal economic development is the transfer of responsibility for the managing of federal programs for tribes from the federal government to the tribes themselves. The federal Self-Determination and Education Assistance Act of 1975 established a procedure for tribes to apply to the United States Department of the Interior to take over the running of existing BIA programs in Indian Country. Congress subsequently expanded this program to allow certain tribes (designated “Self Governance” tribes) to create their own programs using federal funds. Tribal economic, political and cultural development has also been encouraged by federal Indian education legislation. The most important of these statutes, the Indian Education Act of 1972, established the Office of Indian Education and the National Advisory Council on Indian Education and made federal funds available for Native American educational initiatives at all grade levels.

A final, and increasingly important, tribal political initiative that has facilitated tribal economic development is the creation of tribal judicial systems. Tribal courts hear both civil and criminal cases and often provide non-Indians their first exposure to tribal political culture. Not all tribal courts are equally busy. Some states (the so-called “Public Law 280″ states) assumed jurisdiction over criminal and civil causes arising in Indian Country during the 1960s, pursuant federal P.L. 280, and in these states on-reservation disputes are routinely litigated in state court. Other states, on the other hand, including Oklahoma, have made provision for tribal court decisions to be recognized in the state courts, thus making at least theoretically possible the full participation of tribal courts in the national justice system.

Tribal sovereignty in the United States is the inherent authority of indigenous tribes to govern themselves within the borders of the United States of America. The U.S. federal government recognizes tribal nations as “domestic dependent nations” and has established a number of laws attempting to clarify the relationship between the federal, state, and tribal governments. The reference to Indians in the Constitution is not to grant local sovereignty. The only reference is Article 1, Section 2, which states, “Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other Persons.” This reference is for determining the number of representatives and taxes for a state. This does not allow for the exclusion of Indians from taxes. and later federal laws grant local sovereignty to tribal nations, but do not grant full sovereignty equivalent to that of foreign nations, hence the term “domestic dependent nations.”

It may be noted that while Indian tribal sovereignty is partially limited as “domestic dependent nations,” so too is the sovereignty of the federal government and the individual states – each of which is limited by the other. The people’s sovereignty underlies both the U.S. federal government and the States, but neither sovereignty is absolute and each operates within a system of parallel sovereignty. According to the reservation clause of the Tenth Amendment, the U.S. federal government possesses only those powers delegated to it by the states or the people, while other aspects of the people’s sovereignty reside in the individual states. For example, the individual states hold full police powers. On the other hand, the individual states, like the Indian tribes, do not print currency or conduct foreign affairs; and the individual states are constrained by federal authority under the U.S. Constitution and are bound by the Bill of Rights. Viewed in this light, tribal sovereignty is yet another form of parallel sovereignty within the U.S. constitutional framework, constrained by but not subordinate to other sovereign entities.

Constitution of the Cherokee Nation


Constitution of the Cherokee Nation
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PREAMBLE

We, the People of the Cherokee Nation, in order to preserve our sovereignty, enrich our culture, achieve and maintain a desirable measure of prosperity and the blessings of freedom, acknowledging with humility and gratitude the goodness, aid and guidance of the Sovereign Ruler of the Universe in permitting us to do so, do ordain and establish this Constitution for the government of the Cherokee Nation.

Article I. Federal Relationship

The Cherokee Nation reaffirms its sovereignty and mutually beneficial relationship with the United States of America.

Article II. Territorial Jurisdiction

The boundaries of the Cherokee Nation territory shall be those described by the patents of 1838 and 1846 diminished only by the Treaty of July 19, 1866, and the Act of March 3, 1893.

Article III. Bill of Rights

The People of the Cherokee Nation shall have and do affirm the following rights:

Section 1. The judicial process of the Cherokee Nation shall be open to every person and entity within the jurisdiction of the Cherokee Nation. Speedy and certain remedy, and equal protection, shall be afforded under the laws of the Cherokee Nation.

Section 2. In all criminal proceedings, the accused shall have the right to: counsel; confront all adverse witnesses; have compulsory process for obtaining witnesses in favor of the accused; and, to a speedy public trial by an impartial jury. The accused shall have the privilege against self-incrimination; and the Cherokee Nation shall not twice try or punish an accused for the same offense. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.

Section 3. The right of trial by jury shall remain inviolate, and the Cherokee Nation shall not deprive any person of life, liberty or property without due process of law, nor shall private property be taken for public use without just compensation.

Section 4. The Council shall make no law prohibiting the free exercise of religion or abridging the freedom of speech, or the press, or the right of the People to peaceably assemble, or to petition the Nation for a redress of grievances.

Article IV. Citizenship

Section 1. All citizens of the Cherokee Nation must be original enrollees or descendants of original enrollees listed on the Dawes Commission Rolls, including the Delaware Cherokees of Article II of the Delaware Agreement dated the 8th day of May, 1867, and the Shawnee Cherokees of Article III of the Shawnee Agreement dated the 9th day of June, 1869, and/or their descendants.

The Cherokee Nation recognizes the basic rights retained by all distinct People and groups affiliated with the Cherokee Nation, retained from time immemorial, to remain a separate and distinct People. Nothing in this Constitution shall be construed to prohibit the Cherokee- Shawnee or Delaware-Cherokee from pursuing their inherent right to govern themselves, provided that it does not diminish the boundaries or jurisdiction of the Cherokee Nation or conflict with Cherokee law.

Section 2. There shall be established a Cherokee Register, to be kept by the Registrar, for the inclusion of any Cherokee for citizenship purposes in the Cherokee Nation who presents the necessary evidence of eligibility for registration. The Council may empower the Registrar to keep and maintain other vital records.

(a) A Registration Committee shall be established. It shall be the duty of the Registration Committee to consider the qualifications and to determine the eligibility of those applying to have their names entered in the Cherokee Register. The Registration Committee shall consist of a Registrar and two (2) assistants. All members shall be appointed by the Principal Chief and confirmed by the Council.

(b) There shall be a number assigned to every name, which is approved and entered into the Cherokee Register. This number shall be preceded by the three words, “Cherokee Registry Number.”

(c) The decisions of the Registration Committee shall be subject to de novo review by the lower courts created by Article VIII.

Section 3. Registration as used in this Article refers to the process of enrolling as a citizen of the Cherokee Nation and is not the same as registration for voting purposes.

Article V. Distribution of Powers

The powers of the government of the Cherokee Nation shall be divided into three (3) separate branches: Legislative, Executive and Judicial; and except as provided in this Constitution, the Legislative, Executive and Judicial branches of government shall be separate and distinct and no branch shall exercise the powers properly belonging to either of the others.

Article VI. Legislative
Section 1. The legislature shall consist of one legislative body to be called the Council of

the Cherokee Nation.

Section 2. The Council shall establish rules for its credentials, decorum, and procedure, and shall elect a Speaker and a Deputy Speaker from its own membership to officiate over Council meetings. The Speaker may vote in all matters before the Council. The Speaker shall be third in line of succession to serve as Acting Principal Chief in case of removal, death, resignation or disability of both the Principal Chief and Deputy Principal Chief until the disability be removed or a successor shall be elected.

Section 3. The Council shall consist of seventeen (17) members, who are citizens by blood of the Cherokee Nation. Any citizen by blood of the Cherokee Nation at least twenty-five (25) years of age on that date of the election may be a candidate for the Council. Each Council member shall be elected in the general election for a term of four (4) years and until his or her successor is duly elected and installed. All Council members shall be limited to two (2) consecutive elected terms on the Council. All Council members having served two consecutive terms must sit out one (1) term before seeking any seat on the Council.

The Council shall establish representative districts which shall be within the boundaries of the Cherokee Nation. Fifteen of these seats shall be apportioned to afford a reasonably equal division of citizenship among the districts, and the remaining two shall be elected at-large by those registered voters residing outside the boundaries of the Cherokee Nation voting at-large in accordance with this section.

The Council members representing districts within the boundaries must be domiciled within their district. The Council shall, within sixty (60) days of this Constitution taking effect, select the two at-large Council members to serve until the next regularly scheduled election.

All registered voters residing outside the boundaries of the Cherokee Nation, may, at the time of the first election to fill at-large Council seats, choose to continue to be registered to vote in the district in which they were previously registered. In the absence of making that choice, they shall be registered to vote at-large. Notwithstanding the above, citizens under the age of twenty-five (25) who reside outside the boundaries and who have not previously registered to vote, may make a single choice to register to vote in the district of their choice at the time of their first registration, failing which their registration shall be to vote at-large. All citizens age twenty-five (25) or older residing outside the boundaries not registered to vote at the time of the first election to fill at-large Council seats may only register to vote at-large. Citizens residing outside the boundaries who relocate within a district shall be subject to the requirements to vote in that district. Those residing within the boundaries must vote within the district of their residence.

The Council shall, within one year of this Constitution taking effect, establish a system of staggered terms for all seats on the Council to be organized into elections every two years.

Section 4. There shall be at least one regular session of the Council in the calendar year which shall convene on the second Monday in each January or at such other date as the Council shall determine. No business shall be conducted by the Council unless at least two-thirds (2/3) of members thereof regularly qualified shall be in attendance, which number shall constitute a quorum. The session may not exceed a maximum of thirty (30) calendar days for pay purposes.

Section 5. Special meetings of the Council may be called: (A) by the Principal Chief, (B) by the Deputy Principal Chief when he or she has the full powers of the Principal Chief as elsewhere defined, (C) upon written request of fifty-one percent (51%) of the members of the Council, or (D) upon the written request of ten percent (10%) of the number of registered voters who voted in the last general election of the Cherokee Nation. The purposes of said meeting shall be stated in a notice published not less that ten (10) days prior to the meeting, and the Council may not consider any other subject not within such purposes. No meetings may convene until thirty (30) days have elapsed after the adjournment of a prior session or meeting, unless called pursuant to Section 7 of Article VII.

Section 6. All meetings of the Council and of its committees shall be open to the public except: (A) when the discussion shall concern employment, retention or discharge of personnel; (B) when the question of the moral turpitude of any citizen is discussed; and (C) when the decorum of the audience shall prejudice orderly administration of business. In the event that consideration of a subject shall take place in executive session, the vote shall take place in an open meeting.

Section 7. The Council shall have the power to establish laws which it shall deem necessary and proper for the good of the Nation, which shall not be contrary to the provisions of this Constitution. The style of all bills shall be: “Be It Enacted By The Cherokee Nation”. The style of all resolutions shall be “Be It Resolved By The Cherokee Nation”.

Section 8. No laws passed by the Council shall have retroactive effect or operation.

Section 9. The Council shall have the power to remove elected and appointed officials in the Cherokee Nation and said removal must be conducted in accordance with Article XI of this Constitution.

Section 10. Every enactment which shall have been approved by a majority of the members in attendance at the Council shall, before it becomes effective be presented to the Principal Chief, who may approve the enactment by signing it; if not, the Principal Chief shall return it with objections to the Council, which shall enter the objections in the Journal and proceed to reconsider it. If, after such reconsideration, two-thirds (2/3) of the entire council shall agree to pass the enactment, it shall become fully effective and operational notwithstanding the objections of veto of the Principal Chief. In all such cases, the vote of the Council shall be determined by yeas and nays, and the names of the members voting shall be entered on the Council’s Journal. If any enactment shall not be returned by the Principal Chief within five (5) days (Sundays and holidays excepted) after it shall have been presented, the same shall be law in like manner as if approved by the Principal Chief.

Section 11. The Council shall establish a continuing system of permanent publication for all laws of the Cherokee Nation and judicial opinions of the highest appellate court. The system shall provide for regular updating, indexing and digesting and shall be of public record at all times. The text of all laws, resolutions, judicial opinions and orders, except otherwise protected by law, and all other governmental publications, except those by Nation-owned entities, shall be in the public domain and free from encumbrances against use by the Citizens. This shall not constrain the Nation from copyrighting other aspects of governmental publications, except that citizens shall always have license for personal use of the copyrighted work without notice or fee.

Section 12. In accordance with Article 12 of the Treaty with the Cherokees, dated November 28, 1785 (Treaty of Hopewell), and Article 7 of the Treaty with the Cherokees dated December 29, 1835 (Treaty of New Echota), there shall be created the office of Delegate to the United States House of Representatives, appointed by the Principal Chief and confirmed by the Council. The Delegate shall be a citizen of the Nation and upon recognition by the United States shall be seated in accordance with federal law. The Delegate shall endeavor to participate in congressional activities and shall at all times advocate the best interests of the Cherokee People. The Delegate shall make regular reports to the Council and Principal Chief on congressional activities and administrative matters relating to federal law and policy and shall produce an annual report to the Cherokee People.

Section 13. In the case of removal, death, resignation or disability of any of Council member, such seat shall be filled by the candidate having the next highest number of votes in that district, who is available and willing to serve and whose eligibility is confirmed by the Election Commission. In the event no such candidate exists, the Council shall fill the vacated seat in the following manner: If a majority of the four-year term remains to be served, the Council shall authorize a special election in the district of the vacated seat to be conducted within ninety days; if a minority of the four-year term remains to be served, the Council shall elect a replacement who would otherwise be qualified to serve from the district of the vacated seat.

Section 14. Members of the Council and all Executive Officers shall be bound by oath, provided in Article XIII, to support the Constitutions of the Cherokee Nation and the United States of America, do everything within the individual’s power to promote the culture, heritage and traditions of the Cherokee Nation and to perform the duties of their respective offices.

Article VII. Executive

Section 1. The executive power shall be vested in a Principal Chief, who shall be styled “The Principal Chief of the Cherokee Nation”. The Principal Chief shall hold office for a term of four (4) years. No person having been elected to the office of Principal Chief in two (2) consecutive elections shall be eligible to file for the office of Principal Chief in the election next following his or her second term of office. The Principal Chief shall be elected by the registered voters on the same day and in the same manner, except as otherwise provided by this Constitution, as they shall respectively vote for members of the Council in the year 2003 and every four years thereafter. The Principal Chief shall be elected by a majority of votes. The manner of determining contested elections shall be as directed by Cherokee law.

Section 2. The Principal Chief of the Cherokee Nation shall be a citizen of the Cherokee Nation in accordance with Article IV; shall be domiciled within the boundaries of the Cherokee Nation for no less than 270 days immediately preceding the day of general election in which he or she seeks election; and, shall have obtained the age of thirty (30) years at the time of his or her election and be a citizen by blood of the Cherokee Nation.

Section 3. The registered voters shall elect a Deputy Principal Chief, who shall possess the same qualifications as the Principal Chief, for a term of four (4) years at the same time and in the same manner as herein provided for the election of the Principal Chief. The Deputy Chief shall be subject to the same term limitations as provided for the Principal Chief in this Constitution.

Section 4. In case of the absence of the Principal Chief from office due to death, resignation, removal or inability to discharge the powers and duties of the office, the same shall devolve upon the Deputy Principal Chief for the remaining portion of the four (4) year term to which the Principal Chief had been elected. In case of disability, such powers shall continue during the term of such disability.

In the event of the death, resignation, or removal of the Deputy Principal Chief, or his or her inability to discharge the powers and duties of the office, the person who is then the Speaker of the Council shall succeed to the office of the Deputy Principal Chief for the balance of the term. In the case of temporary disability, said person shall serve as Acting Deputy Principal Chief for the duration of the disability and thereafter shall reassume the office of Speaker.

Section 5. The Council may, in the case of removal, death, resignation or disability of the Principal Chief, Deputy Principal Chief and the Speaker of the Council, provide by law what officer shall then act as Principal Chief until the disability be removed or a successor shall be elected.

Section 6. The Principal Chief and Deputy Principal Chief shall, at stated times, receive for their service a compensation not inconsistent with Article X.

Section 7. The Principal Chief may, on extraordinary occasions, convene the Council at the seat of government pursuant to Article VI, Section 5, and such notice and other laws as may be prescribed by the Council. The purposes of said meetings must be stated and the Council may consider only such matters as are specified in the call of the extraordinary meetings. Before the extraordinary meetings may be legally sufficient to conduct business, a quorum of the Council must be present.

Section 8. At one session of the Council annually, the Principal Chief shall deliver and communicate to the Council a message upon the condition of the Cherokee Nation; and shall recommend such matters to the Council as he or she shall judge expedient.

Section 9. The Principal Chief shall cause the laws of the Cherokee Nation to be faithfully executed, and shall conduct in person and in such manner as shall be prescribed by

law, all communications and business of the Cherokee Nation. The Principal Chief may cause to be formed and operated, trusts, the beneficiary of which shall be the Cherokee Nation and these trusts shall be granted such powers as provided by law for public trusts. Authorization for these trusts, however, must be approved by a majority vote of the Council.

Section 10. The Deputy Principal Chief shall, by virtue of the office, aid and advise the Principal Chief in the administration of the government.

Section 11. Nothing in this Constitution shall be construed as preventing the Principal Chief from employing such administrative assistants as deems proper.

Section 12. There shall be a cabinet composed of the following persons who shall be citizens of the Cherokee Nation: (1) Secretary of State, (2) Treasurer, (3) Secretary of Natural Resources. These persons shall be appointed by the Principal Chief and confirmed by the Council. The Council, on recommendation of the Principal Chief only, may create additional cabinet positions and departments. The Principal Chief shall prescribe the duties and responsibilities of cabinet members. Cabinet members shall be authorized to appoint such staff and other assistants as they deem necessary. The Council may, with recommendation of the Principal Chief, abolish any established cabinet position or function or revise the title or responsibilities of any foregoing department or function.

Section 13. There shall be created an office of Attorney General. The Attorney General shall be a citizen of the Cherokee Nation, admitted to practice law before the highest court of any state of the United States. The Attorney General shall represent the Nation in all criminal cases in the courts of the Nation, and in all civil actions wherein the Cherokee Nation is named as a party, and shall have such other duties as the Council may prescribe by law. The Attorney General shall be appointed by the Principal Chief and confirmed by the Council for a term of five (5) years. The Attorney General shall be authorized to designate such prosecutors and other assistants as deemed necessary to carry out the duties of office, and may only be removed from office in conformance with Article XI.

Section 14. There shall be created an office of Marshal. The Marshal shall be a citizen of the Cherokee Nation and possess such training and experience in law enforcement as prescribed by law. The duties and authority of the Marshal shall be prescribed by law. The Marshal shall be authorized to deputize such officers as necessary to carry out the law enforcement needs of the Cherokee Nation. The Marshal shall be appointed by the Principal Chief and be confirmed by the Council for a term of five (5) years. The Marshal may only be removed from office in conformance with Article XI.

The terms of the Marshal and the Attorney General shall not be concurrent.

Section 15. A vacancy of an elected office by reason of removal, death, resignation or disability of the elected official, for which this Constitution does not provide a process for seating a replacement to serve out the term, shall be filled by appointment by the Principal Chief with confirmation by the Council.

Article VIII. Judicial

Section 1. The Judicial powers of the Cherokee Nation shall be vested in a Supreme Court and such lower courts as the Council shall from time-to-time ordain and establish. The Judicial Appeals Tribunal shall become known as the Supreme Court of the Cherokee Nation. The Supreme Court shall be composed of five (5) members all of whom must be citizens of the Cherokee Nation and be admitted to practice law before the highest Court of any state of the United States.

Section 2. Justices of the Supreme Court shall be appointed by the Principal Chief and confirmed by the Council to serve terms of ten (10) years each after expiration of the initial terms as follows: Seat 1: ending 12/31/2000, Seat 2: ending 12/31/2002, Seat 3: ending 12/31/2004, Seat 4: ending 12/31/2006, Seat 5: ending 12/31/2008. An appointment to the Supreme Court shall take place once every two (2) years, except in the case of filling a vacated seat on the Court for the remainder of that term. The Council shall, within six (6) months of this Constitution taking effect, pass such laws as are necessary for carrying into effect the provisions of this section.

Section 3. Judges of the District Court shall be citizens of the Cherokee Nation, and shall be admitted to practice law before the highest Court of any state of the United States, and shall be appointed by the Principal Chief and confirmed by the Council to serve terms of four (4) years each. In the event of a judicial vacancy due to death, resignation, or removal from said office, any successor duly appointed and confirmed shall only serve the balance of the term of the vacancy being filled.

Section 4. The original jurisdiction of the Supreme Court shall extend to a general supervisory control over all lower courts. General supervisory control does not include suspension, removal, or disciplinary action of any member of the judiciary. These powers are specifically reserved for the Court on the Judiciary as prescribed in Section 5 and/or Article XI.

The Supreme Court shall employ an Administrator, who shall have general administrative duties in the judicial branch. The Justices of the Supreme Court shall have supervisory authority over the Administrator.

In support of its original and appellate jurisdiction, the Supreme Court shall have power to issue, hear and determine writs of habeas corpus, mandamus, quo warranto, certiorari, prohibition and such other remedial writs as may be provided by law and may exercise such other jurisdiction as may be conferred by statute. The appellate jurisdiction of the Supreme Court shall extend to all cases at law and in equity arising under the laws or Constitution of the Cherokee Nation.

The Supreme Court shall promulgate rules of procedure relating to its original and appellate jurisdiction to insure any litigant appearing before it receives due process of law and impartial justice, together with prompt and speedy relief. Decisions of the Supreme Court shall be published and indexed and shall be final insofar as the judicial process of the Cherokee Nation is concerned.

Section 5. There is hereby created a Court on the Judiciary. Each branch of the government shall select two members of the Court; one of whom shall be a member of the Cherokee Nation Bar Association and the other shall be a non-lawyer. The six members shall appoint a seventh member. The members of the Court on the Judiciary shall promulgate its own rules of procedure, assuring due process, to be submitted to the Council for review and approval. The authority of the Court shall include suspension, sanction, discipline or recommendation of removal. The members shall not be employees of the Cherokee Nation or any entities thereof. The Council shall pass such laws as are necessary for carrying into effect the provisions of this section. All members of the Court shall be citizens of the Cherokee Nation.

Section 6. The District Courts of the Cherokee Nation shall be courts of general jurisdiction and shall be vested with original jurisdiction, not otherwise reserved to the Supreme Court, to hear and resolve disputes arising under the laws or Constitution of the Cherokee Nation in both law and equity, whether criminal or civil in nature. The Council shall enact, with advice from the judiciary, rules of procedure which shall insure that all litigants receive due process of law and impartial justice, together with prompt and speedy relief.

Section 7. The Justices of the Supreme Court and Judges of the District Court shall receive a compensation which shall not be diminished during their continuance in office, but shall receive no other fee, gratuity or perquisite of office, nor hold any other position of title, trust or profit within the Cherokee Nation or any entity thereof, either directly or indirectly.

Section 8. Members of the judiciary shall be subject to removal from office only for willful neglect of duty, corruption in office, habitual drunkenness, incompetency or any conviction of a felony, a crime under the laws of the Cherokee Nation that if committed in some other jurisdiction would be a felony, or a misdemeanor involving moral turpitude or offenses against the Cherokee Nation committed while in office.

Article IX. Election

Section 1. There is hereby created a Cherokee Nation Election Commission. The Commission shall be an autonomous and permanent entity charged with the administration of all Cherokee Nation elections, in accordance with election laws. The Council shall enact an appropriate law not inconsistent with the provisions of this Constitution that will govern the conduct of all elections.

Section 2. No person who shall have been convicted of a felony charge under the laws of United States, or of any State, Territory, or Possession thereof, or a crime under the laws of the Cherokee Nation that if committed in some other jurisdiction would be a felony, shall be eligible to hold any office or appointment of honor, profit or trust within this Nation unless such person has received a pardon from the appropriate jurisdiction. Any person who holds any office of honor, profit or trust in any other tribe or Nation of American Indians, either elective or appointive shall be ineligible to hold simultaneously any office of honor, profit or trust of the Cherokee Nation unless approved by the Council.

Section 3. All elections shall be determined by secret balloting. Article X. Fiscal

Section 1. The fiscal year shall commence on the first day of October in each year, unless otherwise provided by law.

Section 2. The Council shall provide by law for annual expenditure of funds, and the source from which funds are to be derived, to defray the estimated expenses of the Executive, Legislative, and Judicial branches and the departments of government of the Cherokee Nation for each fiscal year. The budget shall not exceed estimated revenues.

Section 3. At least forty-five (45) days prior to the beginning of each fiscal year, the Treasurer shall cause to be made and presented to the Council an itemized estimate of revenues and expenditures for the ensuing fiscal year adhering to Generally Accepted Accounting Principles (GAAP).

Section 4. The Council shall require that records be maintained and provided to the Council of all funds, monies, accounts and indebtedness and all other accounts bearing upon the fiscal interests, including but not limited to, any and all outside business interests, both for-profit and not-for-profit, of the Cherokee Nation by the use of an accounting system adhering to Generally Accepted Accounting Principles (GAAP). The annual financial statement shall be audited by a Certified Public Accountant and presented to the Council within six months following the end of each fiscal year. Unaudited reports will be submitted as required by the Council.

Section 5. The Treasurer shall be authorized to accept all grants, donations of money, interest of funds of the Cherokee Nation, judgments and any and all other sources of monies available to the Cherokee Nation, for uses and purposes and upon the conditions and limitations for which the same are granted or donated. The faith of the Cherokee Nation is hereby pledged to preserve such grants and donations as a sacred trust, and, if or when designated, to keep the same for the use and purposes for which they were granted or donated.

Section 6. The Council shall authorize the Treasurer to invest funds or money of the Cherokee Nation and determine the preference to be given to the security for such investments, the manner of selecting the securities, prescribing the rules, regulations, restrictions and conditions upon which the funds shall be loaned or invested, provided that no investment shall be in mortgages other than first mortgages only, and do all things necessary for the safety of the funds and permanence of the investments. If required by law, such investments would be subject to the approval of the Secretary of the Interior.

Section 7. The credit of the Cherokee Nation shall not be given, pledged, or loaned to any individual, firm, company, corporation, or association without the approval of the Council. The Cherokee Nation shall not make any donations by gift, bonus, or otherwise, to any individual, firm, company, corporation, or association without the approval of the Council.

Section 8. All laws authorizing the expenditures of money by and on behalf of the Cherokee Nation shall specify the purpose for which the money is to be used, and the money so designated shall be used for no other purpose. No monies or resources of the Cherokee Nation or any of its entities shall be used to pay for representation of a defendant in a criminal matter, except where a public defender is authorized under Cherokee law. Annual expenditures shall not exceed the available funds.

Section 9. General laws shall be enacted by the Council providing for the deposit of funds of the Cherokee Nation, and the depository thereof, and such funds shall be under the control of the Treasurer, under such terms and conditions as shall be designated by the Council and under such laws which shall provide for the protection of said funds.

Section 10. No official, member or officer of the Council, Cabinet Member, employee of any official, Council, Cabinet, or subdivisions thereof, or any person employed in any capacity by the Cherokee Nation shall receive from any individual, partnership, corporation, or entity doing business with the Cherokee Nation directly or indirectly, any interest, profit, benefits or gratuity, other than wages, salary, per diem, or expenses specifically provided by law.

Section 11. All officers, elected or appointed, who are authorized by this Constitution or any subsequent legislation to a position of trust over any land, property, accounts or monies, shall execute an official surety bond in the amount as may be required by the Council. Such surety bonds shall inure to the benefit of, and be paid for by, the Cherokee Nation for whose protection or surety the same shall be required. In no event shall said surety bond be other than by a Licensed Insurance Company, authorized to do business in the State of Oklahoma.

Article XI. Removal From Office

Section 1. The Principal Chief, Deputy Principal Chief, members of the Council, Attorney General and Marshal shall be subject to removal from office for willful neglect of duty, corruption in office, habitual drunkenness, incompetency or any conviction of a felony, or a crime under the laws of the Cherokee Nation that if committed in some other jurisdiction would be a felony, or a misdemeanor involving moral turpitude or offenses against the Cherokee Nation committed while in office.

Section 2. Except as otherwise provided in this Constitution, all other appointed officials shall be subject to removal for cause, as prescribed by law.

Section 3. No official may be removed under Sections 1 or 2 of this Article or Section 8 of Article VIII except after trial before the Council, with the accused having been afforded due process and opportunity to be heard. Provided, removal under Sections 1 or 2 of this Article or Section 8 of Article VIII shall require a two-thirds (2/3) vote of the members of the Council.

Section 4. Separate from the Council’s removal powers, the People of the Cherokee Nation reserve unto themselves the exclusive power to recall any elected official through petition and recall referendum. A petition must be signed by Cherokee citizens registered to vote. In the case of Principal Chief or Deputy Principal Chief, signatures must total a number equaling or

exceeding fifteen percent (15%) of the total number of registered voters in the previous general election. In the case of district offices, signatures must total the greater of five hundred (500) or twenty-five percent (25%) of the total number of registered voters in that district in the previous general election. The signed petition shall be filed with the Election Commission to determine whether the signatures are valid. Said determination shall be made within thirty (30) days after the filing of same. Upon verification of the requisite number of signatures the Election Commission shall certify the petition as valid and notify the Council and the Secretary of State. Upon notification of a valid certified petition the Council shall immediately call for and approve a special recall election for the office in question within sixty (60) days. The special recall election shall be limited in scope to the voting populous for the elected office in question. Votes casts shall be tabulated and the results certified in the same manner as in general elections. A majority vote to affirm the official shall retain the official in office. A majority vote to recall shall immediately remove the official from office. In the event of a tie-vote the Council shall call a special meeting to conduct a tie-breaking vote. Elected offices vacated under this section shall be filled as otherwise provided in this Constitution.

Article XII. Employee Rights

No employee, who having served in a position at least one (1) year, shall be removed from the employment of the Cherokee Nation except for cause, and only after being afforded pre-termination due process. Provided, the right of such employee to seek redress in the Cherokee Nation courts shall not be abridged.

Article XIII. Oath

Section 1. All officers elected or appointed shall, before entering upon the duties of their respective offices, take and subscribe to the following oath or affirmation: “I do solemnly swear, or affirm, that I will faithfully execute the duties of ________________ of the Cherokee Nation, and will, to the best of my ability, preserve, protect and defend the Constitutions of the Cherokee Nation, and the United States of America. I swear or affirm further, that I will do everything within my power to promote the culture, heritage and traditions of the Cherokee Nation.”

Section 2. The foregoing oath shall be administered by any person authorized by the Council to administer oaths. The oath shall be filed in the Office of the Secretary of State.

Article XIV. Clans

Nothing in this Constitution shall be construed to prohibit the right of any Cherokee to belong to a recognized clan or organization in the Cherokee Nation.

Article XV. Initiative, Referendum and Amendment

Section 1. Notwithstanding the provisions of Article VI, the People of the Cherokee Nation reserve to themselves the power to propose laws and amendments to this Constitution and to enact or reject the same at the polls independent of the Council, and also reserve power at their own option to approve or reject at the polls any act of the Council.

Section 2. Any amendment or amendments to this Constitution may be proposed by the Council, and if the same shall be agreed to by a majority of all the members of the Council, such proposed amendment or amendments shall, with the yeas and nays thereon, be entered into the Journal and referred by the Secretary of State to the People for their approval or rejection, at the next regular general election, except when the Council, by a two-thirds (2/3) vote, shall order a special election for that purpose. If a majority of all the registered voters voting at such election shall vote in favor of any amendment thereto, it shall thereby become a part of this Constitution.

Section 3. The first power reserved by the People of the Cherokee Nation is the initiative, and ten percent (10%) of the registered voters shall have the right to propose any legislative measures by petition and fifteen percent (15%) of the registered voters shall have the right to propose amendments to the Constitution by petition, and every such petition shall include the full text of the measure so proposed.

The second power is the referendum, and it may be ordered (except as to laws necessary for the immediate preservation of the public peace, health or safety), either by petition signed by five percent (5%) of the registered voters or by the Council as other enactments are effectuated. The ratio and percent of registered voters hereinbefore stated shall be based upon the total number of votes cast in the last general election involving the office of Principal Chief.

Section 4. Referendum petitions shall be filed with the Secretary of State not more than ninety (90) days after the final adjournment of the session or meeting of the Council which passed the bill on which the referendum is demanded. The veto power of the Principal Chief shall not extend to measures voted on by the People. All elections on measures referred to the People of the Cherokee Nation shall be had at the next regular general election except when the Council or the Principal Chief shall order a special election for the express purpose of making such reference. Any measure referred to the People by the initiative shall take effect and be in force when it shall have been approved by a majority of the votes cast thereon.

Section 5. Petitions and orders for the initiative and for the referendum shall be filed with the Secretary of State and addressed to the Principal Chief of the Cherokee Nation, who shall submit the same to the People. The Council shall make suitable provisions for carrying into effect the provisions of this Article.

Section 6. The referendum may be demanded by the People against one or more items, sections or parts of any enactment of the Council in the same manner in which such power may be exercised against a complete enactment. The filing of a referendum petition against one or more items, sections or parts of an enactment shall not delay the remainder of such act from becoming operative.

Section 7. If two or more amendments are proposed they shall be submitted in such manner that registered voters may vote for or against them separately.

Section 8. No proposal for the amendment of this Constitution which is submitted to the voters shall embrace more than one general subject and the voters shall vote separately for or

against each proposal submitted; provided, however, that in the submission of proposals for the amendment of this Constitution by articles, which embrace a general subject, each proposed article shall be deemed a single proposal or proposition.

Section 9. No convention shall be called by the Council to propose a new Constitution, unless the law providing for such convention shall first be approved by the People on a referendum vote at a regular or special election. Any amendments, alterations, revisions or new Constitution, proposed by such convention, shall be submitted to the registered voters of the Cherokee Nation at a general or special election and be approved by a majority of the registered voters voting thereon before the same shall become effective. The question of such proposed convention shall be submitted to the citizens of the Cherokee Nation at least once every twenty (20) years.

Article XVI. Supersedes Constitutions of 1839 and 1976

The provisions of this Constitution overrule, supersede, and repeal the provisions of the Cherokee Nation Constitution enacted the 6th day of September, 1839, and the provisions of the Constitution of the Cherokee Nation of Oklahoma enacted the 26th day of June, 1976.

Article XVII. Seat of Government

The Seat of Government of the Cherokee Nation shall be at Tahlequah, Oklahoma.

Article XVIII. Adoption

This Constitution shall become effective when ratified by the registered voters of the Cherokee Nation. It shall be engrossed on parchment and signed by the Principal Chief and the President of the United States, or his authorized representative. It shall be filed in the office of the Cherokee Nation and sacredly preserved as the fundamental law of the Cherokee Nation. The Constitution shall be printed in both Cherokee and English, provided however, that the English version shall be controlling for all governmental and legal purposes. The Council shall enact laws in conformance with this Constitution within eighteen (18) months of its ratification, provided that the provisions for Article XI shall be enacted within six (6) months of its ratification.

Native American tribal governments are an integral part of the political fabric of the United States. As the Supreme Court of the United States determined in its 1831 decision in Cherokee Nation v. Georgia, 30 U.S. (5 Peters) 1, tribal governments are not “states” in a constitutional sense, nor are they “foreign states,” at least for purposes of Article III original jurisdiction. Instead, they are “domestic dependent nations,” with many sovereign powers retained from the pre-contact period. As tribal governments have grown in political and economic power, the Supreme Court, the United States Congress, the federal executive, and the tribes have engaged in an increasingly important discussion to determine the scope of their powers. States, municipalities and individual citizens have all contributed to this conversation. The result is a legal regime of fascinating complexity.
More than 500 tribal governments are recognized by the United States government. Some have large membership bases and control vast domains. The Navajo, for example, comprise a population of more than 225,000 and govern lands totaling in excess of 15 million acres spread over three Southwestern states. The largest tribe in terms of membership is the Cherokee Nation, which has more than 300,000 citizens. Most tribes, however, have fewer than 1000 members. Approximately 40% of all federally recognized tribes are village groups in Alaska. The smallest tribal reservation is smaller than 100 acres. The state with the largest Indian population is California, with Oklahoma a close second. Alaska is the state with the highest percentage of Native Americans residing within its borders.

Each tribal government operates according to its own constitutional rules. Most tribes have written constitutions. Many of these are modeled after form constitutions prepared by the United States Department of the Interior pursuant to the Indian Reorganization Act of 1934, a New Deal initiative designed to strengthen tribal government. Tribes that operate under these
constitutions are called “IRA” tribes. By electing, according to the terms of the Indian Reorganization Act, not to opt out of the Act’s coverage, these tribes were empowered by Congress to borrow funds for economic development and form tribal corporations. Some tribes, most notably the Navajo, voted to opt out of the IRA’s coverage. The Oklahoma tribes were not covered by the Act; instead, they were made were subject to a similar statute, the Oklahoma Indian Welfare Act. IRA tribes ordinarily have strong executives, although constitutional amendment has replaced many of these with balanced executives, legislatures and judiciaries.

Tribal governments exercise power that has been diminished over time by acts of the federal government. Congress, which has “plenary” power over Indian affairs (Lone Wolf v.Hitchcock, 187 U.S. 553 (1903)), has repeatedly acted to limit the scope of tribal power. Perhaps the most dramatic instance occurred in 1968 with the passage of the Indian Civil Rights Act. As non-parties to the United States Constitution, the tribes are not subject to the restrictions contained in the Bill of Rights or subsequent amendments. Talton v. Maves, 163 U.S.. 376 (1896). Thus tribes have been free historically to legislate to the extent allowed by their own constitutions. Many of these constitutions contained provisions equivalent or analogous to the Bill of Rights provisions. Nevertheless, in 1968, inspired by the Civil Rights movement, Congress passed a statute imposing on tribal governments many of the Bill of Rights provisions and other limitations as well. Some of the Bill of Rights provisions were not included in the Indian Civil Rights Act. The Act does not, for example, prohibit the establishment of religion by tribal governments. On the other hand, in some instances the Act is more limiting than the Bill of Rights. Under the Act in its present version, for example, tribal courts are denied the power to impose sentences in criminal cases in excess of $5000 and/or one year in jail. This restriction has made it difficult for many tribal courts to address criminal activity in their jurisdictions. The Indian Civil Rights Act provides statutory, but not constitutional, limitations. Individuals who feel their Indian Civil Rights Act rights have been violated by a tribal government cannot bring a federal civil rights suit to challenge the allegedly violating act. Instead, as the Supreme Court made clear in Santa Clara Pueblo v. Martinez, 436 U.S. 49 (1978), persons wishing to bring Indian Civil Rights Act claims may do so only in tribal court, and then only if the tribe has accorded that court jurisdiction. Congress has also limited the power of tribes by making tribal governments subject to certain laws of general application, for example, environmental protection laws. Where these laws fail to mention tribes and their application impinges on treaty rights, courts must make individual deterrninations to assess whether a given law applies to a tribe. Congress has the power to abrogate Indian treaty rights, but when it does so it is liable to pay the tribe compensation under the Fifth Amendment to the United States Constitution. Before a court will find a Fifth Amendment taking to have occurred it will look to Congress’ intent. Current federal circuit court splits include tribal accountability under the Occupational Safety and Health Act and the federal collective bargaining laws.

Since the late 1970s, the Supreme Court has also been an active participant in placing limits on the scope of tribal sovereign power. The Supreme Court is the architect and custodian of a federal common law doctrine called the “discovery doctrine.” Introduced in the 1823 case of Johnson v. M’Intosh, 2 1 U.S. (8 Wheat.) 543, the discovery doctrine provided that at the discovery of the New World by Europeans, title to all discovered lands vested in the discovering European sovereign, while the tribes retained an occupancy right alienable only to the same discovering sovereign. Discovery had deprived the tribes of the power to alienate their lands freely. In 1978, in Oliphant v. Suquamish Indian Tribe, 435 U.S. 191, the Supreme Court held that discovery also deprived the tribes of the power to conduct criminal prosecutions of non-Indians. In 1990, in Duro v. Reina, 495 U.S. 676, the Oliphant holding was expanded to proscribe tribal criminal prosecutions of non-member Indians. The Duro decision prompted a federal legislative override; the constitutionality of this override has been questioned, and its effect remains uncertain. Other discovery-related limitations on tribal power involve the exercise of civil jurisdiction. In Montana v. United States, 450 U.S. 544 (198 l), the Supreme Court held that tribes could not exercise civil regulatory jurisdiction over non-Indian activities on non-Indian-owned lands within the bounds of reservations, unless the non-Indian had some commercial relationship with the tribe or the activity threatened or had some direct upon the tribe’s political integrity, economic security, or health or welfare. In Strate v. A-l Contractors, 520 U.S. 438 (1997), the Court expanded this rule to deny a tribal court the right to hear a civil dispute brought by a non-Indian against another non-Indian for a tort arising on a state right-of way within the reservation.

Tribes exercise jurisdiction over Indian Country, as defined in 11 U.S.C. 8 115 1. Indian Country includes all land within the limits of Indian reservations, all “dependent Indian communities”, and all restricted Indian allotments, i.e., individual restricted parcels formerly part of reservations but allotted to Individual tribal members pursuant to the General Allotment Act of 1887 or similar statute. Reservations, for the most part, resulted from treaties. Conceptually, “reservations” were not lands given to the tribes, but tribal lands reserved by the tribes from larger tracts other parts of which were ceded to the United States. This applies to other treaty rights as well: where the rights – e.g., the right to hunt and fish – are not expressly ceded by the
tribe, they are deemed “reserved.” In most instances – the lands of the Five Civilized Tribes in Oklahoma and the Pueblos are the most notable exceptions – the tribes do not own the underlying fee title to reservation land. Instead, that title is held to have passed to the United States by way of the original European discovery of the land. As noted above, the doctrine that supports this rule, the “discovery doctrine”, was adopted by the Supreme Court of the United States in Johnson v. M’Intosh.

The situation of the Alaska Natives is sufficiently different to warrant brief digression. In 1971, Congress settled tribal claims to most of Alaska by passing the Alaska Native Claims Settlement Act (“ANCSA”), pursuant to which, in exchange for relinquishing their claims to 365 million acres, Alaska Natives received land selection rights to 44 million acres plus cash payments equaling $962.5 million. Title to these new native lands was vested not in tribal governments, but in tribal village corporations, chartered under state law, and individual Alaska Natives became corporate shareholders. According to the Supreme Court, most Alaska Native land ceased at that time to be Indian Country. Alaska v. Native Village of Venetie Tribal
Government, 522 U.S. 520 (1998).

The United States is trustee or guardian for the tribes. This role traces to the Supreme Court’s opinion in Cherokee Nation v. Georgia, in which Chief Justice John Marshall wrote that the relationship of the tribes to the United States resembles that of a “ward to its guardian.” Because of this role, the United States holds the underlying fee title to tribal lands in trust for the tribes. For this reason, they are styled “trust lands.” The role of the United States as guardian or trustee has several consequences. When managing tribal or individual Indian property, the United States is held to a high standard of care. The tribal status as ward entitles tribes to sue officers of the United States when that standard of care is violated. In addition, because they are federal wards, tribes may seek United States assistance in litigating against states or private
parties. As the Supreme Court decided in United States v. Kagama, 118 U.S. 375 (1886), the guardianship responsibility also serves as an extra-constitutional source of authority for Congress to pass legislation affecting Indians.

The principal federal agency charged with carrying out the trust responsibility is the Bureau of Indian Affairs in the Department of the Interior. The Bureau is headed by the Assistant Secretary for Indian Affairs. Other offices charged with carrying out the trust responsibility include the Indian Resources Section of the Environment and Natural Resources Division of the United States Department of Justice. The trust responsibility runs to all federally recognized tribes. Some tribes are not federally recognized. Many of these are recognized by the states in which they are located. Others are not officially recognized by either the state or federal governments. The Department of the Interior has established a procedure whereby such groups
can petition for federal recognition. The process involves demonstrating political cohesiveness and continuity. Currently, the process is overseen by the Branch of Acknowledgment and Research of the Bureau of Indian Affairs. Alternatively, non-federally-recognized tribes can petition Congress for recognition.

Tribal status is a political classification. Thus statutes and regulations providing different treatment for Indians as enrolled tribal members are not subject to challenge as racediscrimination under the equal protection clause of the Fourteenth Amendment. Morton v. Mancari, 417 U.S. 535 (1974). Statutes affecting Indians and Indian tribes are for the most part collected in Title 25 of the United States Code. Federal agencies also issue regulations affecting Indians and tribal governments.

Not all substantive tribal rights are located in statutes and regulations. Prior to 1871, the federal government dealt with tribes by treaty. Many of these pre-1871 treaties remain in force. Treaties were routinely negotiated in ways disadvantageous to tribes. United States negotiators frequently worked into these documents legal concepts and terms unfamiliar to tribal negotiators, binding tribes to obligations they did not fully understand. Treaties were often executed by tribal signatories appointed by the United States. Language difficulties confounded many tribal negotiators. For these and other reasons, when courts interpret these treaties today, they employ canons of construction similar to those used when courts interpret long corporate form adhesion contracts: ambiguous terms are interpreted in favor of the Indians; treaties are interpreted as the Indians would have understood them; and treaties are liberally construed in favor of the Indians. Application of these canons does not always meet with popular approval. In 1974, when the United States District Court for the Western District of Washington ruled that the treaties at issue in United States v. Washington, 384 F. Supp. 3 12 (1974), must be interpreted to allow the tribes 50% of the anadromous fish run in Washington State, the federal judge was hanged in effigy.
Perhaps the most complicated interaction in Federal Indian Law is that between the tribes and the states. The Supreme Court in Worcester v. Georgia, 3 1 U.S. (6 Peters) 5 15 (1832) attempted to establish a bright line rule disallowing any state authority in Indian Country. This rule has been eroded over time, however, and while Worcester still provides a benchmark, other analytical methods are employed to determine whether a state’s purported exercise of jurisdiction is valid. One such method was introduced by the Court in Williams v. Lee, 358 U.S. 217 (1959). Williams involved a state court’s attempt to exercise jurisdiction over a breach of contract claim brought by a non-Indian storeowner against a Navajo couple for an alleged failure to pay on an on-reservation store account. The Court held that the state had no authority to exercise jurisdiction over an on-reservation transaction if to do so would “infringe on the right of reservation Indians to make their own lawsreservation Indians to make their own laws and be governed by them.” Subsequently, the Court identified an additional ground for denying state jurisdiction: federal preemption, against a backdrop of tribal sovereignty. If the United States heavily regulates timber harvesting on reservation, for example, a state cannot impose a tax on non-Indian truck operators using Bureau of Indian Affairs roads to carry timber off the reservation under contract with the tribe. White Mountain Apache Tribe v. Bracker 448 U.S. 136 (1980). The difficulty of applying these tests and enforcing the exercise of state jurisdiction even where appropriate has led many states, with the Court’s encouragement, to enter into compacts with tribes setting forth terrns of resolution of jurisdictional disputes. These compacts cover a wide area, from tax revenue sharing to water rights sales.

Perhaps the most publicly discussed state-tribal compacts today are those involving Indian gaming. Indian gaming as an industry began modestly in the 1970s. Then California moved to shut down the Cabazon Band’s bingo operation. The tribe took the case to the Supreme Court, which ruled that California had no authority to prohibit or regulate the operation. California v. Cabazon Band of Mission Indians ,480 U.S. 202 (1987). Overnight, other tribes moved to establish gaming facilities. In 1988, Congress responded to complaints from states that without some regulation lawlessness would result by passing the Indian Gaming Regulatory Act. The Act divides gaming into three classes: traditional tribal games with nominal prizes are Class I; bingo and like games are Class II; and all other games (including slot machines, horse racing and card games played against the house) are Class III. Before a tribe can open a facility offering Class III games, it must compact the terms of operation (including law enforcement) with the state. In addition to tribal supervision and compacted state supervision, Indian gaming facilities are subject to federal supervision through the National Indian Gaming Commission. As a result, Indian gaming facilities are among the most heavily regulated such facilities in the world. While only a minority of tribes are located in areas sufficiently close to large urban areas to draw large clienteles, many tribes have received economic benefit from gaming. These benefits pass directly to tribal members and the surrounding community as a result of federal requirements that revenues go to public functions.

Tribal economic development has long been an expressed purpose of federal Indian policy. In the Indian Reorganization Act of 1934, Congress provided for the creation of tribal corporations to carry out development projects. Since that time, Congress has amended restrictive legislation to allow tribes more flexibility in developing their economies. The Indian Mineral Development Act of 1982, for example, allowed tribes for the first time to enter into joint venture and other types of agreements with outside mineral development partners. Because of their remote locations and various statutory limitations, including the restraint on land alienation, which precludes mortgaging, tribes have had to be creative in economic development planning. One natural avenue has been the sale of items subject to excess taxation by the states. These products (including cigarettes) are sold off reservation at inflated tax rates partly to discourage use. To the extent that tribes can sell them on reservation without these taxes, they can sell them at competitive prices and draw business to their remote locations. In a series of decisions, the Supreme Court has held that while tribes can sell tax-free to their members, they cannot sell tax-free to non-members. Difficulties in working out a mechanism to enforce the collection of taxes on non-members has led many states, such as Oklahoma, to compact with tribes terms for tax revenue collection and distribution that are intended ultimately to benefit both tribe and state.

One modem trend that has facilitated tribal economic development is the transfer of responsibility for the managing of federal programs for tribes from the federal government to the tribes themselves. The federal Self-Determination and Education Assistance Act of 1975 established a procedure for tribes to apply to the United States Department of the Interior to take over the running of existing BIA programs in Indian Country. Congress subsequently expanded this program to allow certain tribes (designated “Self Governance” tribes) to create their own programs using federal funds.

Tribal economic, political and cultural development has also been encouraged by federal Indian education legislation. The most important of these statutes, the Indian Education Act of 1972, established the Office of Indian Education and the National Advisory Council on Indian Education and made federal funds available for Native American educational initiatives at all grade levels.

A final, and increasingly important, tribal political initiative that has facilitated tribal economic development is the creation of tribal judicial systems. Tribal courts hear both civil and criminal cases and often provide non-Indians their first exposure to tribal political culture. Not all tribal courts are equally busy. Some states (the so-called “Public Law 280″ states) assumed jurisdiction over criminal and civil causes arising in Indian Country during the 1960s, pursuant federal P.L. 280, and in these states on-reservation disputes are routinely litigated in state court. Other states, on the other hand, including Oklahoma, have made provision for tribal court decisions to be recognized in the state courts, thus making at least theoretically possible the full participation of tribal courts in the national justice system.

Tribal sovereignty in the United States is the inherent authority of indigenous tribes to govern themselves within the borders of the United States of America. The U.S. federal government recognizes tribal nations as “domestic dependent nations” and has established a number of laws attempting to clarify the relationship between the federal, state, and tribal governments. The reference to Indians in the Constitution is not to grant local sovereignty. The only reference is Article 1, Section 2, which states, “Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other Persons.” This reference is for determining the number of representatives and taxes for a state. This does not allow for the exclusion of Indians from taxes. and later federal laws grant local sovereignty to tribal nations, but do not grant full sovereignty equivalent to that of foreign nations, hence the term “domestic dependent nations”.

It may be noted that while Indian tribal sovereignty is partially limited as “domestic dependent nations,” so too is the sovereignty of the federal government and the individual states – each of which is limited by the other. The people’s sovereignty underlies both the U.S. federal government and the States, but neither sovereignty is absolute and each operates within a system of parallel sovereignty. According to the reservation clause of the Tenth Amendment, the U.S. federal government possesses only those powers delegated to it by the states or the people, while other aspects of the people’s sovereignty reside in the individual states. For example, the individual states hold full police powers. On the other hand, the individual states, like the Indian tribes, do not print currency or conduct foreign affairs; and the individual states are constrained by federal authority under the U.S. Constitution and are bound by the Bill of Rights. Viewed in this light, tribal sovereignty is yet another form of parallel sovereignty within the U.S. constitutional framework, constrained by but not subordinate to other sovereign entities.

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February 3,1959: Buddy Holly 22, Jiles P Richardson, known as the Big Bopper 28, and Ritchie Valens, 17 killed in air crash


1959: Buddy Holly killed in air crash
February 3 1959 is also infamously known as the day that music died. That fatal day Buddy Holly flew to his death while on tour with the Winter Dance Party, a package that included Dion and the Bellmonts as well. It was the first time Buddy Holly had flown. With Holly, R&R also lost famous DJ the Big Bopper and Richie Valens in a bizar twist of events. Eventually it were Tommy Allsup and Waylon Jennings who were going to board that plane. Jennings gave up his spot to the Big Bopper when he came down with the flu, in exchange for a sleeping bag. Allsup accepted a bet from Richie Valens and lost his seat in a coin toss. Valens even joked how it was the first time he had ever won anything. Years down the line Don McLean would give that date the name it had since when he looked back in the lyrics of his 1971 monster hit, singing “I can’t remembered if I cried, when I read about his widowed bride. But something touched me deep inside, the day that music died.

Three young rock ‘n’ roll stars have been killed in a plane crash in the United States.
Buddy Holly, 22, Jiles P Richardson – known as the Big Bopper – 28, and Ritchie Valens, 17, died in a crash shortly after take-off from Clear Lake, Iowa at 0100 local time.

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When the show ended, Carroll Anderson drove Holly, Valens, and Richardson to the airport. The plane departed from the ramp and taxied to then-Runway 17 at around 12:55 a.m. Central Time on Tuesday, February 3. The weather report indicated light snow with a ceiling of 3,000 feet (910 m) MSL and winds from 20 to 30 mph (32 to 48 km/h). Though there were indications of deteriorating weather along the route, the weather briefings Peterson received failed to relay the information. The Civil Aeronautics Board (CAB) investigated the crash. The results of the CAB investigation suggest that, soon after takeoff, Peterson became disoriented due to the unfamiliar way the aircraft’s attitude indicator depicted pitch, combined with an inability to find a point of visual reference on a starless night with no visible lights on the ground and the inability to detect the horizon. He lost control of the plane, and the aircraft cartwheeled across a cornfield belonging to Albert Juhl.

The pilot of the single-engined Beechcraft Bonanza plane was also killed.

Early reports from the scene suggest the aircraft spun out of control during a light snowstorm.

Only the pilot’s body was found inside the wreckage as the performers were thrown clear on impact.

Holly hired the plane after heating problems developed on his tourbus.

All three were travelling to Moorhead, Minnesota, the next venue in their Winter Dance Party Tour

Holly had set up the gruelling schedule of concerts – covering 24 cities in three weeks – to make money after the break-up of his band, The Crickets, last year.

Recorded life

Born Charles Hardin Holley – changed to Holly after a misspelling on a contract – he had several hit records, including a number one, in the US and UK with That’ll be the Day in 1957.

After terminating his partnership with the Crickets, Holly assembled a new band consisting of Waylon Jennings, Tommy Allsup, and Carl Bunch, to play on the ‘”Winter Dance Party” tour. The tour also featured rising artists Ritchie Valens and the Big Bopper, who were promoting their own recordings as well. The tour was to cover 24 Midwestern cities in three weeks.

A singer and guitarist, he was inspired by Elvis Presley after seeing him at an early concert in his home town of Lubbock, Texas.

With Presley serving in the Army, some critics expected Holly to take over his crown.

Richard Valenzuela was the first Mexican American to break into mainstream music, after being discovered by record producer Bob Keane, who changed his name to Ritchie Valens.

He had made three albums and achieved a number two chart position in the US with his composition Donna – about his girlfriend – in 1958.

His rock ‘n’ roll re-working of the traditional Mexican song La Bamba – on the B-side of Donna – has also received acclaim.

The Big Bopper had been a record-breaking radio DJ – with a 122-hour marathon stint – and reached number six in the American charts with his record Chantilly Lace.

The distance between venues and the conditions prevalent aboard the poorly equipped tour buses adversely affected the performers. Cases of flu spread among the band members, and Bunch was hospitalized due to frostbite. Frustrated by the conditions, Holly decided to charter a plane when they stopped for their performance in the Surf Ballroom in Clear Lake, Iowa, to reach their next venue in Moorhead, Minnesota. Carroll Anderson, owner of the Surf Ballroom, chartered the plane from the Dwyer Flying Service. Richardson, who was affected by the flu, swapped places with Waylon Jennings, taking the latter’s place on the plane, while Tommy Allsup lost his place to Ritchie Valens on a coin toss. Dion DiMucci (of Dion and the Belmonts fame) decided not to board the plane for the $36 fee (equivalent to $291 in 2015).

February 3rd 1959 may have been the day that Buddy Holly died, but he had already helped to give birth to a new generation. As they say, R&R is dead, long live R&R! And God bless Buddy Holly 22, Jiles P Richardson – known as the Big Bopper – 28, and Ritchie Valens, 17.

George Washington Groundhog: One Of The Original WWII Code Talkers (Inventors Of Native Coding) ; Grandfather Of Lisa Christiansen


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My Grandfather George Washington Groundhog was one of the original “Code Talkers and inventors of Native Coding.” I thank him with my humble gratitude for these priceless gifts of knowledge, language and culture…

TAHLEQUAH, Ok.
George Washington Groundhog (Seq. Employee 1950s-60s), 65, of Stilwell died Sunday Feb. 18, 1979 at a Tahlequah nursing home.
Services were held Tuesday Feb. 20th in the Reed-Culver Funeral Chapel with Rev. Joe Chuculate officiating. Burial was in the Cedar Tree Cemetery.

Pallbearers were Andy Sellers, John R. Sellers, Dicky Sellers, Tom Pickup, Dan Christie and Tom Bearpaw.

Born Aug. 21, 1913 in Eldon, he retired from Frisco railroad and was employed for several years at Sequoyah High School. He lived in Stilwell for eight years; lived in Cherokee, North Carolina for seven years and the rest of his life was spent in Cherokee County.

He was an Army veteran of World War Two. He served in the Rhineland and central Europe under General George S. Patton. He was decorated with three Bronze Service Stars and received a Purple Heart.

Survivors include one brother, Dennis (Groundhog) Ogan (Seq. Cls’36) of Portland, Ore.; two sisters, Melinda Keys of Stilwell, Mary Groundhog Sellers (Seq. Student) of Welling, one step-daughter, Fayeola Vann of Briggs; and one granddaughter, Lisa Christine Groundhog Christiansen (Seq. student 1981-1984).

http://sequoyahalumni.net/Page-two/Obits/Groundhog_GeorgeW.html

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Keeping It Equal: Strength Training For Cyclists 35+


IMG_2632-0Recent research is pointing to positive benefits from strength training, particularly for riders 35 years and up, where the effects are much greater than in younger riders. While the benefits that have been observed are not to be dismissed, it should be noted that VO2 max is not affected, so while adding strength training is likely to have positive benefits it should not be a substitute for adequate aerobic training.


Page two has more on the exact ways strength training can benefit you:
It appears that the benefits are two-fold, being in both improvement in force exerted on the pedals, and a greatly reduced incident of injury – with some evidence suggesting that this could be by up to 50%.


The strength benefits are shown to narrow the gap between younger cyclists and those from an older generation:
For competitive cyclists and those looking for ways to improve performance and reduce injury risk, it is a very valuable form of cross-training.


Research evidence also suggests that older cyclists are likely to benefit more than those in their physical prime. Furthermore, strength training is becoming more and more important in the treatment and rehabilitation of muscle and tendon injuries such as tendinopathy, often in favour of stretching and flexibility exercises. It has been shown to help re-strengthen damaged tissues while decreasing the likelihood of a recurrence of the injury.
One study in particular showed some very promising results. Louis et al. (2011) studied the effect of three weeks of strength training on cycling efficiency on two groups — young athletes and masters-age athletes.


The study states: “In masters, the strength training induced an enhancement in maximal and endurance torque production and cycling efficiency, thus reducing age-related differences in performance recorded before training… These results suggest that strength training added to endurance training might be a complementary strategy to preserve functional capacity and performance with ageing.”
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Challenger disaster marks 29th anniversary


challenger-disaster-marks-28th-anniversary by Lisa Christiansen

The crew of the space shuttle Challenger. From left, first row: Michael J. Smith, Francis R. (Dick) Scobee and Ronald E. McNair. Second row, from left: Ellison S. Onizuka, Christa McAuliffe, Gregory Jarvis and Judith A. Resnik.

Where were you in January 28, 1986? I was in Tahlequah Oklahoma at the Sonic car hop waiting for my Fish sandwich, onion rings and lemonade when the girl bringing me my food asked me “what do you think of the space shuttle blowing up?” I thought she was joking, I laughed and said “you’re too funny” and moments later sitting there eating my food I suddenly lost my appetite when I heard the radio announce “The Space Shuttle Challenger explodes 72 seconds into its flight”

In 1986 Space Shuttle Challenger disintegrated over Cape Canaveral, killing 7 crew members including Christa McAuliffe, a teacher who was suppose to be the first “citizen in space.” The space shuttle Challenger explodes shortly after lifting off from Kennedy Space Center. All seven crew members died in the explosion, which was blamed on faulty o-rings in the shuttle’s booster rockets.

"A Nation Prays And Asks Why" was the headline on the front page of The Daily News on January 30, 1986 regarding the explosion of the space shuttle Challenger.

“A Nation Prays And Asks Why” was the headline on the front page of The Daily News on January 30, 1986 regarding the explosion of the space shuttle Challenger.

Man’s dream of conquering space died a little yesterday.
In a boiling maelstrom of flame, the shuttle Challenger disintegrated 72 seconds into a flight from Cape Canaveral, killing teacher Christa McAuliffe, the first “citizen in space,” and her six astronaut companions. America’s ambitious venture to reach beyond our world suddenly became more costly, and President Reagan and the nation mourned the loss of “seven heroes.”

U.S. President Ronald Reagan is shown in the oval office in the Whitehouse after a televised address to the nation about the shuttle challenger explosion on January 28, 1986.

U.S. President Ronald Reagan is shown in the oval office in the Whitehouse after a televised address to the nation about the shuttle challenger explosion on January 28, 1986.

“This is truly a national loss,” Reagan said in a national eulogy after canceling his planned State of the Union address last night. “We mourn seven heroes… who escaped the surly bounds of Earth to touch the face of God.”

It was the first in-flight disaster in the 25-year, 56-launch history of the U.S. space program – and the worst recorded disaster for either the Americans or Soviets. NASA immediately suspended its ambitious 1986 shuttle until it can determine why Challenger exploded. “We’re obviously not going to pick any flight activity until we fully understand what the circumstances were relative to launch,” Jesse Moore, associate administrator for spaceflight, said Cape Canaveral. Moore declined to speculate about how long an investigation might take. One area of concern was the amount of ice that formed on the launch pad before the takeoff. Temperatures plunged to a low of 24 degrees overnight and the wind chill at the top of the 250-foot launch tower reached 10 below zero. Water systems were left running to keep lines open. Icicles then formed at various places on the pad.

The countdown leading to the tragic launch was put on hold about 9:08 a.m. and resumed two hours later following inspection of the ice by a team of specialists. One of the victims, McAuliffe, was a high school social studies teacher in Concord, N.H., who had been chosen from 11,146 teachers to become the first “ordinary” citizen in space. Another victim was physicist Ronald McNair, 36, whose father Carl operated an automobile body repair shop in Harlem until about eight months ago. McAuliffe, 37, had planned to give two 15-minute lessons from space, with the PBS public television networked beaming them to 25 million students in school from Florida to Canada and Alaska. Her husband, Steven, and children, Scott, 9, and Caroline, 6, were watching from a VIP stand at the launch site, with Christa’s parents, Edward and Grace Corrigan.

As Challenger exploded into a boiling ball of flame, the Corrigans grabbed each other, but it was not until several seconds later that they appeared to understand what had happened. Francis Scobee, 46, was the commander of the planned six-day flight, which had intended to release and retrieve one satellite to study Halley’s comet and to launch another satellite that would become part of the space communications network. Other members of the doomed crew were co-pilot Michael Smith, 40, Judith Resnik, 36, Ellison Onizuka, 39, and satellite engineer Gregor Jarvis, 41. On Jan. 28, 1986, millions of people watched with excitement when the Challenger space shuttle took off from its Florida launch pad — but the excitement quickly turned into horror when it exploded just 73 seconds after liftoff, killing all 7 astronauts on board.

The National Aeronautics and Space Administration refused to predict the disaster’s impact on the U.S. space program, beyond saying that it would temporarily suspended flights. The last flight of Challenger started in the usual flawless, spectacular fashion: The gleaming craft, one of four in the NASA shuttle fleet, had risen from Launch Pad 39-B at 11:38 a.m. after five postponements caused by freezing weather and technical glitches.
Smooth Climb
It was climbing smoothly, trailing a spectacular but normal 700-foot geyser of fire, when suddenly it erupted in a huge boiling ball of fire and shot out of control.
The news sent shock waves around the world. The crew of the space shuttle Challenger. From left, first row: Michael J. Smith, Francis R. (Dick) Scobee and Ronald E. McNair. Second row, from left: Ellison S. Onizuka, Christa McAuliffe, Gregory Jarvis and Judith A. Resnik. Reagan was presiding over a meeting in the Oval Office when aides rushed in to tell him of the Challenger disaster. He watched a replay on office television set, then announced that he was postponing his State of the Union Address, which had been slated for last night, for one week. Reagan also ordered Vice President Bush to fly to Cape Canaveral to lead the investigation.

The flight was the 10th for the workhorse Challenger and the 25th shuttle flight, and its loss was the worst setback for NASA since the first Apollo moon capsule burned as it sat on its launching pad during a simulated liftoff 19 years and one day ago. Killed in the explosion were astronauts Virgil (Gus) Grissom, Edward White 2d and Roger B. Chaffee.

Flights canceled
Amid confusion over the future of the space program, Reagan said that he was sure that NASA would launch no missions pending the outcome of the Challenger investigation. This might take a year or longer, some experts said. NASA said the Challenger missions seemed entirely normal until one minute 12-seconds after launch, when the shuttle had reached a speed of 1,977 miles per hour – three times the speed of sound. At that point, it was 10.4 miles up and eight miles offshore. Mission control in Houston told the shuttle “Challenger, go at throttle-up” – an order to switch to full power. Scobee increased power to the main engines and, in his final words, said, “Roger, go at throttle-up.” Suddenly, the spacecraft was engulfed in a ball of flame. On a slow-motion video rerun of the explosion, it was difficult to determine the source of the explosion. But closeups of the doomed craft clearly showed that the huge fuel tank, filled with more than 525,000 gallons of volatile liquid hydrogen and oxygen propellant, ruptured and tore Challenger into many pieces.
Boosters fly off
After the explosion, the two solid fuel booster rockets – capable of 2.6 million pounds of thrust – separated and continued to fly crazily out of control in the clear blue sky, trailing long tails of smoke as they plunged into the sea.
A voice on public address system at mission control said, “Flight controllers here after looking very carefully at the situation, obviously a major malfunction.” “We have no down link,” he added, meaning that there was no communication from the orbiter. After a 40-second pause, he said: “We have a report from the flight dynamics officer that the vehicle has exploded. (The) flight director confirms that we are out looking at checking with the recovery forces to see what can be done.” Debris raining down from the $1.2 billion craft, which exploded at an altitude of just over 54,000 feet, prevented rescue squads from entering the area for an hour, a Defense Department spokesman said. Mission control reported that the spacecraft had exploded and fallen in bits into the Atlantic in an area about 18 miles off Cape Canaveral and the ships and planes were en route.

A section of the space shuttle challenger, destroyed 73 seconds after launch on January 28, 1986 is lowered into an abandoned missile silo on Cape Canaveral Airforce Station.

A section of the space shuttle challenger, destroyed 73 seconds after launch on January 28, 1986 is lowered into an abandoned missile silo on Cape Canaveral Airforce Station.

Shortly after the explosion, the House of Representatives held a moment of silence to honor those on the shuttle. Chaplain James David Ford led members in a prayer – “May your spirit, oh Lord, be with them.”

Unlike the shuttle Columbia during its first flights at the dawn of the shuttle era, Challenger was not equipped with ejection seats or other ways for the crew to get out of the spacecraft. Not that it would have made any difference, said experts who saw the explosion.

“We will remember each of these flight member in our prayers always as they have cut new paths for us to fear nothing and reach for everything” ~Lisa Christiansen

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