6.3 Constitutional Reform and Revision Processes
2 min read•august 9, 2024
Constitutional reform and processes are crucial for Native American tribes to update their governing documents. These processes involve establishing review committees, engaging the community, and implementing ratification procedures to ensure broad participation and approval.
Tribes use various mechanisms to revise their constitutions, including processes and adaptive governance frameworks. These approaches allow for specific changes or flexible structures that can evolve with changing circumstances, balancing stability with the need for modernization.
Constitutional Reform Processes
Establishing Review Committees and Community Engagement
Top images from around the web for Establishing Review Committees and Community Engagement
20121205-OSEC-RBN-2725 | Navajo Code Talker veterans attende… | Flickr View original
Is this image relevant?
A Step-by-Step Guide to Tribal Leadership: Part 1: The Five Stages of Tribal Culture | emergent ... View original
Is this image relevant?
Transformative learning, tribal membership and cultural restoration: A case study of an embedded ... View original
Is this image relevant?
20121205-OSEC-RBN-2725 | Navajo Code Talker veterans attende… | Flickr View original
Is this image relevant?
A Step-by-Step Guide to Tribal Leadership: Part 1: The Five Stages of Tribal Culture | emergent ... View original
Is this image relevant?
1 of 3
Top images from around the web for Establishing Review Committees and Community Engagement
20121205-OSEC-RBN-2725 | Navajo Code Talker veterans attende… | Flickr View original
Is this image relevant?
A Step-by-Step Guide to Tribal Leadership: Part 1: The Five Stages of Tribal Culture | emergent ... View original
Is this image relevant?
Transformative learning, tribal membership and cultural restoration: A case study of an embedded ... View original
Is this image relevant?
20121205-OSEC-RBN-2725 | Navajo Code Talker veterans attende… | Flickr View original
Is this image relevant?
A Step-by-Step Guide to Tribal Leadership: Part 1: The Five Stages of Tribal Culture | emergent ... View original
Is this image relevant?
1 of 3
- Constitutional review committees consist of tribal members appointed to evaluate and propose changes to the existing constitution
- Committee members typically include elders, legal experts, and representatives from different clans or districts within the tribe
- involves hosting town halls, focus groups, and surveys to gather input from tribal members on constitutional issues
- Tribal governments often create dedicated websites and social media channels to disseminate information and collect feedback throughout the reform process
- Educational workshops help tribal members understand the current constitution and proposed changes (Navajo Nation Constitutional Task Force)
Ratification and Voting Procedures
- Ratification process requires approval from tribal members through a formal vote
- Secretarial elections, overseen by the Bureau of Indian Affairs, involve federal government supervision of the voting process
- Tribal referendums allow tribes to conduct their own voting procedures without federal involvement
- Voting eligibility criteria may include age requirements, tribal enrollment status, and residency on tribal lands
- Tribes often establish a minimum voter turnout threshold to ensure broad participation in constitutional changes (Cherokee Nation 2003 Constitution)
Constitutional Revision Mechanisms
Amendment Processes and Procedures
- Constitutional amendments allow for specific changes to existing tribal constitutions without complete overhauls
- Amendment proposals can originate from tribal councils, constitutional committees, or through citizen initiatives
- Tribes typically require a supermajority vote (often two-thirds) to pass constitutional amendments
- Some tribes impose limits on the frequency of constitutional amendments to maintain stability (Muscogee Creek Nation)
- Amendment processes often include public comment periods and multiple readings of proposed changes before final votes
Adaptive Governance and Flexible Constitutional Frameworks
- Adaptive governance incorporates flexibility into tribal constitutions to address changing circumstances
- Sunset clauses in constitutional provisions allow for automatic review and potential revision after a set period
- Some tribes include mechanisms for regular constitutional conventions to systematically review and update their governing documents (Ho-Chunk Nation)
- Flexible constitutional frameworks may include broad principles rather than overly specific rules to allow for interpretation and adaptation over time
- Tribes increasingly incorporate traditional knowledge and into their constitutions to balance adaptability with cultural preservation
Key Terms to Review (18)
Amendment: An amendment is a formal change or addition proposed to a legal document, particularly a constitution. It serves to adapt and update the governing framework, reflecting the evolving values, needs, and circumstances of society. Amendments are essential in ensuring that constitutions remain relevant and effective over time, allowing for legal adjustments without the need for complete rewrites.
Community engagement: Community engagement refers to the active participation and collaboration of individuals and groups within a community in decision-making processes, fostering a sense of ownership and responsibility towards their shared environment. This concept emphasizes the importance of inclusive practices that empower community members, enhancing their ability to influence governance, cultural practices, and educational initiatives.
Constitutional Convention: A constitutional convention is a gathering of representatives convened for the purpose of drafting, revising, or amending a constitution. This process is crucial in shaping the fundamental laws and governance structures of a political entity, allowing for a formal discussion and agreement on constitutional changes.
Customary law: Customary law refers to the traditional norms and practices that have evolved within a community and are recognized as binding. This type of law plays a crucial role in governing relationships and resolving disputes based on the customs and traditions that have been passed down through generations, particularly in indigenous cultures.
Federal Recognition: Federal recognition is the formal acknowledgment by the United States government of a Native American tribe's sovereignty and status as a distinct political entity. This recognition grants tribes specific rights and benefits, including access to federal funding, legal protections, and the ability to govern themselves, which are essential for their self-determination and self-governance.
Government-to-government relations: Government-to-government relations refer to the formal interactions and agreements between tribal governments and federal or state governments. These relationships recognize the sovereignty of tribal nations, allowing for direct dialogue, negotiation, and collaboration in areas such as policy-making, resource management, and jurisdictional matters. Such relations are vital in shaping the governance structures within tribes, their constitutions, and how they navigate reform processes while ensuring their rights and self-determination are upheld.
Intergovernmental relations: Intergovernmental relations refer to the interactions and relationships between different levels of government, including tribal, state, and federal authorities. This term highlights how these entities cooperate, negotiate, and sometimes clash over jurisdictional issues, policy implementation, and resource management. In the context of Native American governance, these relationships are crucial for understanding the dynamics of power, sovereignty, and the challenges faced by tribal nations in navigating the complex legal landscape.
Montana v. United States: Montana v. United States is a landmark Supreme Court case from 1981 that addressed the extent of tribal sovereignty and jurisdiction over non-Indians on tribal land. This case established important precedents regarding the authority of tribes to regulate activities on their lands and clarified the relationship between state and tribal powers.
Ordinance: An ordinance is a formal law or regulation enacted by a governing body, typically at the local level, to address specific issues or concerns within a community. These laws can govern a wide range of matters, including land use, public health, and safety regulations. In the context of constitutional reform and revision processes, ordinances play a crucial role in shaping the legal framework and operational governance of tribal governments.
Referendum: A referendum is a direct vote in which an entire electorate is invited to vote on a particular proposal and can result in the adoption of new laws or constitutional amendments. It serves as a tool for democratic participation, allowing citizens to express their opinions on significant issues, including constitutional reforms, by voting directly rather than through elected representatives. This mechanism often reflects the will of the people and can influence political decisions and governmental structures.
Revision: Revision refers to the process of reviewing, altering, and amending existing constitutional provisions to improve or adapt them to contemporary needs. This process can involve significant changes that may transform the legal and political framework of governance within a community or state, ensuring that the constitution remains relevant and functional in addressing current societal issues.
Self-determination: Self-determination is the right of a group, particularly Indigenous peoples, to determine their own political status and pursue their economic, social, and cultural development. This concept emphasizes the importance of autonomy and governance for tribes, impacting various aspects of their relations with federal entities and their internal governance structures.
Sovereignty: Sovereignty refers to the supreme authority of a state or governing body to govern itself and make decisions without external interference. In the context of Native American Tribal Governments, sovereignty signifies the inherent right of tribes to self-govern and manage their own affairs, which includes making laws, conducting business, and maintaining cultural practices without being subject to the control of outside entities.
Stakeholder consultation: Stakeholder consultation refers to the process of engaging individuals, groups, or organizations that have an interest in or are affected by a decision, policy, or project. This process is crucial in ensuring that the perspectives, concerns, and insights of these stakeholders are considered, especially during constitutional reform and revision processes, where diverse interests and cultural backgrounds must be acknowledged to create inclusive and representative governance.
Tribal Constitution: A tribal constitution is a governing document that outlines the fundamental principles, structures, and processes for self-governance within a Native American tribe. It serves as the legal foundation for the tribe's government and establishes the rights and responsibilities of its members, connecting to various aspects of governance and identity.
Tribal council: A tribal council is the governing body of a Native American tribe, responsible for making decisions, enacting laws, and managing tribal affairs. This council plays a crucial role in representing the interests of the tribe and ensuring the welfare of its members, often balancing traditional values with contemporary governance needs.
Trust Responsibility: Trust responsibility is a legal and moral obligation that the federal government has toward Native American tribes, which stems from the U.S. government’s recognition of tribes as sovereign entities. This responsibility encompasses the protection of tribal lands, resources, and the welfare of tribal members, recognizing the unique relationship between the government and Native nations.
United States v. Wheeler: United States v. Wheeler is a landmark Supreme Court case from 1978 that affirmed the inherent sovereignty of tribal nations and clarified the scope of tribal authority over their members. The case involved a member of the Navajo Nation, who was prosecuted for a crime committed on tribal land, leading the Court to address the relationship between tribal sovereignty and federal authority.