PREAMBLE TO THE
CONSTITUTION
RATIFIED
We the people of the Indigenous Chickasaw Nation, in
order to form a more perfect union and in effort to preserve and enrich our
tribal culture and to secure to ourselves and our posterity of the blessings
of our unique ancestral heritage, culture, freedom and tribal sovereignty,
do design and deliver the articles of this Constitutional Document to
uphold. Gratefully acknowledging, with humility and reverence, the goodness
of the Almighty Creator in permitting us to make a choice of our own form of
government, thusly, in accordance with full respect all the rights of the
Nation of Citizens inscribed in Article 2 of the Treaty of April
28,1866, as “all persons of African descent, resident in said nation at the
date of the treaty of Fort Smith, and their descendants heretofore held in
slavery among said nation, all the rights, privileges, and immunities,
including the right of suffrage, of citizens of said nations, including
Article 3 “The Chickasaws and Chickasaws, in consideration of the sum of
three hundred thousand dollars, hereby cede to the United States the
territory west of the 98 deg. west longitude, known as the leased district”
“to give all persons of African descent, resident in the said nation at the
date of the treaty of Fort Smith, and their descendants, heretofore held in
slavery among said nations, all the rights, privileges, and immunities,
including the right of suffrage, of citizens of said nations” and Article
30, “the said persons of African descent mentioned in the third article
of the treaty“ “the actual occupancy of such persons of African descent
shall have the same effect in their behalf as the occupancies of the
Chickasaws and Chickasaws.“ Imploring the aid of the Creator and his
guidance in its accomplishment--we do hereby ordain and establish this
Constitution for the sovereign government of the Indigenous Chickasaw
Nation. The term "Nation" as used in this Constitution is the same as
"Tribe." The boundaries establishing the seat of our Tribal Government to be
set within the limits historically established by Chickasaw Freedmen Tribal
Communities and Settlements in said Treaty with the Chickasaw and Chickasaw
of 1866, and/or including the boundaries and limits of modern external
Indian Freedmen Communities, Settlements and Reservations procured for our
Nation’s use.
Article 1. Federal Regulations
Section 1. The Indigenous Chickasaw Nation is a sovereign nation at
peace with the Federal Union. Following all terms of the treaty of 1866.
Section 2. The name of this body shall be "the Indigenous Chickasaw
Nation."
Article 2. Bill of Rights
Section 1. Nothing in this Constitution shall be interpreted in a
way which would change the individual rights and privileges the tribal
members have as citizens of the Indigenous Chickasaw Nation.
Section 2. The judicial process of the Indigenous Chickasaw Nation
shall be open to every member of the Indigenous Chickasaw Nation. Speedy and
certain remedy shall be afforded under the terms of this Constitution for
every wrong and injury to person, property or reputation. The Council shall
prescribe the procedures pertinent thereto. The appropriate protections
guaranteed by the Indian Civil Rights Act of 1968 shall apply to all members
of the Indigenous Chickasaw Nation. Except where such laws are referred from
another Nation.
Section 3. Every citizen shall be at liberty to speak, write, or
publish his opinions on any subject, being responsible for the abuse of that
privilege, and no law shall ever be passed curtailing the liberty of speech,
or of the press.
Section 4. The citizens shall have the right, in a peaceable manner,
to assemble together for their common good, and to apply to those invested
with powers of government; for redress of grievances or other purposes, by
address, or demonstration.
Article III. Membership
Section 1. All members of the Indigenous Chickasaw Nation must be
citizens as proven by reference in the Treaty with the Chickasaw and
Chickasaw of April 28, 1866, and as established by documentation of an
unbroken chain of lineal descent from Chickasaw Freedmen Citizens (or their
lineal descendants) enumerated upon either, the Dawes Commission Final
Indian Citizenship Freedmen Rolls, including Tribal Citizenship Rolls and
Court Orders and other rolls used by said commission.
Accepted Documentation shall consist of:
Persons descended from Citizens identified as Chickasaw Freedmen whose
names appear on the list of Tribal Citizens, members identified by the Dawes
Commission Final Indian Citizenship Chickasaw Freedmen Rolls from 1898 to
1907. Such lists shall also include successive Tribal Citizenship Rolls,
including Chickasaw Tribal Rolls from 1812 through 1970, Court Orders and/or
holders of Chickasaw Nation Tribal Land Allotment Patents from 1830 to 1914
and Chickasaw Freedmen Applicants Certified and placed upon the Chickasaw
Freedmen Register by the interim Agency Freedmen Descendants of the 5
Civilized Tribes, Incorporated from 2003 until such time as the Indigenous
Chickasaw Nation establishes a certified citizenship registration
department. Such enrollment shall be maintained by the Office of the
Registrar of the Sovereign Indigenous Chickasaw Nation or it assigned agent
Section 2. The Tribal Legislature shall have the power to enact
ordinances governing future citizenship of the Indigenous Chickasaw Nation.
Section 3. There shall be established a Chickasaw Freedmen Register,
to be processed and kept initially by Freedmen Descendants of the 5
Civilized Tribes, Incorporated, a 501(c)3, IRS registered Native American
Foundation, until the establishment of the Official Registrar of the
Indigenous Chickasaw Nation, for the inclusion of any Chickasaw Freedmen for
membership purposes in the Indigenous Chickasaw Nation who presents the
necessary evidence of eligibility for registration. (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 Chickasaw Freedmen
Register. The Registration Committee shall consist of a Registrar and two
(2) assistants. All members shall be appointed by the Governor, and
confirmed by the Council. (b) There shall be a number assigned to every name
which is approved and entered into the Chickasaw Freedmen Register. This
number shall be preceded by the three words, "Chickasaw Freedmen Registry
Number." (c) The decisions of the Registration Committee shall be subject to
review by the Tribunal created by Article VII.
Section 4. Registration as used in this article refers to the
process of enrolling as a member of the Indigenous Chickasaw Nation and is
not the same as the registration for voting purposes.
Section 5. Any person of Indian Freedmen Descent whose name appears
pursuant to the Documentation expressed in Section 1 of this Article, may be
enrolled in the Sovereign Indigenous Chickasaw Nation upon written
application if admitted to membership by a majority vote of the Tribal
Council.
Article IV. Distribution of Powers
The powers of the government of the Indigenous Chickasaw Nation shall be
divided into three (3) separate departments: Legislative, Executive and
Judicial, as set forth in the Treaty with the Chickasaw and Chickasaw of
1866; and except as provided in this Constitution, the Legislative,
Executive and Judicial departments of government shall be separate and
distinct and distinct and no person or collection of persons, being one of
those departments, shall exercise any power properly belonging to either of
the others.
All elected officials shall be included in the executive branch of
government
Article V. Legislative
Section 1. The legislature shall consist of one legislative body to
be called the Tribal Council of the Indigenous Chickasaw Nation. The initial
election of members to the Council pursuant to this Constitution shall occur
within 120 days from the date of its ratification on a day to be announced
by the Governor of the Indigenous Chickasaw Nation.
Section 2. The Tribal Council shall establish its rules for its
credentials, decorum and procedure.
Section 3a. The initial tribal council will be appointed by the
Governor of the Indigenous Chickasaw Nation. The appointees will hold
office until such time as the voting age citizenship reaches 500 citizens
for the purpose of general elections.
3b.
The Tribal Council shall consist of Thirteen (13) members, who are members
by lineal Descent of the Indigenous Chickasaw Nation. Each Tribal Council
member shall be elected in the general election for a term of four (4) years
and until his successor is duly elected and installed after the conditions
of 3a have been met. .
Section 4. The Tribal Council shall establish representative
districts/regions.
Section 5. The Tribal Council, at its first regular session each
year, shall organize and elect officers from its membership. Officers to be
elected are a Chairperson and a Secretary. A Recording Secretary and
Sergeant-At-Arms (non-members of the Tribal Council) shall be nominated by
the Chairperson, and placed in office by and with the advice and consent of
the Tribal Council. The Chairperson shall preside over all meetings of the
Tribal Council.
Section 6. The Secretary of the Tribal Council shall maintain all
records and enactments of the Tribal Council. They shall be kept on file in
the Indigenous Chickasaw Nation Headquarters and available for inspection by
Chickasaw Freedmen citizens during normal office hours. All such records and
enactments of the Tribal Council shall be the property of the Indigenous
Chickasaw Nation.
Section 7. The Tribal Council shall enact rules and regulations
pertaining to the Indigenous Chickasaw Nation.
Section 8. The Tribal Council shall prescribe procedures and
regulations for voter registration.
Section 9The Tribal Council shall sit as a court in all cases of
impeachment; its decision shall be final.
Section 10. The Governor of the Indigenous Chickasaw Nation
shall prepare an Annual Tribal Budget and present it to the Council for
approval. Approval shall require a majority vote of the Council. Rejection,
amendment or alteration shall be considered by legislative act subject to
executive veto. Such veto shall be over-ridden only by an affirmative vote
of at least nine (9) members of the Legislature.
Section 11.
For all business of the Tribal Council, a quorum is required. A quorum
consists of nine (9) members of the Council.
Section 12. The Tribal Council shall have the power to fix and
prescribe salaries and allowances for all elected or appointed officials and
employees of the Nation. The salary and allowances for elected and appointed
officials shall not be increased or diminished during terms of office for
which they have been elected. The Tribal Council will set a pay scale for
all tribal employees.
Section 13. 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 Tribal Council unless at least two-thirds
(2/3) of members thereof regularly elected and 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 14. Special meetings of the Council may be called: (A) by
the Governor of the Indigenous Chickasaw Nation, (B) by the Lt. Governor of the Indigenous Chickasaw Nation when he has the full powers of the
Governor 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 registered voters of the Indigenous Chickasaw
Nation. The purposes of said meeting shall be stated in a notice published
not less than ten (10) days prior to the meeting, and the Council may not
consider any other subject not within such purposes. No special meetings may
convene until (30) days have elapsed after the adjournment of a prior
session or meeting, unless called pursuant to (A) and (B) above.
Section 15. 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 member of the Tribe is discussed; or (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 16. 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 or laws shall be: "Be It Enacted By The Indigenous Chickasaw Nation.''
The style of all resolutions shall be "Be It Resolved By The Indigenous
Chickasaw Nation."
Section 17. No laws passed by the Council shall have retroactive
effect or operation.
Section 18. The Council shall have the power of removal and said
removal must be conducted in accordance with Article XI of this Constitution
Section 19. Members of the Council and all Executive Officers shall
be bound by oath, provided in Article XIII, to support the Constitution of
the Indigenous Chickasaw Nation do everything within the individual's power
to promote the culture, heritage and traditions of the Indigenous Chickasaw
Nation and to perform the duties of their respective offices with fidelity.
Section 20. 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 Governor of the Indigenous
Chickasaw Nation, if he approves, he shall sign it; if not, he shall return
it with his 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 Governor of the Indigenous Chickasaw Nation. 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 Governor of the Indigenous Chickasaw Nation within five (5) working days after
it shall have been presented to him, the same shall be law in like manner as
if he had signed it, unless the Council shall, by its adjournment, prevent
its return, in which case, it shall become a law without the approval of the
Governor of the Indigenous Chickasaw Nation. No enactment shall
become a law after the final adjournment of the Council, unless approved by
the Governor of the Indigenous Chickasaw Nation within fifteen (15)
working days after such adjournment. Robert's Rules of Order shall be
followed in conducting Tribal Council business unless in conflict with this
Constitution.
Section 21. The Tribal Council shall adopt rules of procedure for
operation of the Tribal Legislature within ninety (90) days after the
initial installation of legislators.
Article VI. Executive
Section 1. The Supreme executive power of this Nation shall be
vested in a Governor Magistrate, who shall be styled "The Governor of the Indigenous Chickasaw Nation." The
Governor of the
Indigenous Chickasaw Nation shall hold his/her office for the term of four
(4) years; and shall be elected by the qualified 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 for that particular
year, provided, the Governor of the Indigenous Chickasaw Nation
appointed into office initially, shall, when this Constitution is ratified
continue in office until his/her successor is duly elected in the election
in the year following the first year the Indigenous Chickasaw Nation has 500
voting age citizens, that age being established as 18 years old at the time
of the election and every four years as aforementioned thereafter.
Section 2. The returns of the election for the Governor of
the Indigenous Chickasaw Nation shall be sealed and directed by the lawfully
appointed election officials to the Secretary, who shall, immediately after
the organization of the Council, and before proceeding to other business,
open and publish the same in the presence of a majority of the Council. The
person having the highest number of votes, shall be the Governor of
the Indigenous Chickasaw Nation; but if two (2) or more shall be equal and
highest in votes, one of them shall be chosen by a vote of the Council. The
manner of determining contested elections shall be as directed by Indigenous
Chickasaw Nation law.
Section 3. The Governor of the Indigenous Chickasaw Nation
shall be a citizen of the Indigenous Chickasaw Nation in accordance with
Article III; and shall have obtained the age of twenty-six (26) years of age
at the time of his or her election and be a member by lineal descent of the
Indigenous Chickasaw Nation.
Section 4. The qualified electors shall also elect a Lt.
Governor
who shall assist the Governor and perform all duties as assigned to
him by the Governor. The Lt. Governor of the Indigenous Chickasaw
Nation, who shall possess the same qualifications as the Governor of
the Indigenous Chickasaw Nation, for a term of four (4) years at the same
time and in the same manner as herein provided for the election of the
Governor. The Lt. Governor of the Indigenous Chickasaw Nation
appointed into office initially, shall, when this Constitution is ratified
continue in office until his/her successor is duly elected in the first
tribal election and installed, and every four years as aforementioned
thereafter.
Section 5. The Governor and the Lt. Governor shall run as a
team and shall be elected for a term of four (4) years and shall serve until
their successors have been elected and installed. The initial election of
the Governor and Lt. Governor of the Indigenous Chickasaw Nation
shall take place in conjunction with the first Council election pursuant to
this Constitution and in accordance with Section I of this Article.
Section 6. In case of the absence of the Governor of the
Indigenous Chickasaw Nation from office due to his/her death, resignation,
removal or inability to discharge the powers and duties of the said office,
the same shall devolve upon the Lt. Governor of the Indigenous Chickasaw
Nation for the remaining portion of the four (4) year term to which the
Governor of the Indigenous Chickasaw Nation has been elected. In case
of disability, such powers shall continue during the term of such
disability, Vacancies in the office of the Lt. Governor of the Indigenous
Chickasaw Nation shall be filled by the Council.
Section 7. The Council may, in the case of removal, death,
resignation or disability of both the Governor of the Indigenous Chickasaw
Nation and the Lt. Governor of the Indigenous Chickasaw Nation, provide by
law what officer shall then act as Governor
of the Indigenous Chickasaw Nation until the disability be removed or a
successor shall be elected.
Section 8. The Governor of the Indigenous Chickasaw Nation
and Lt. Governor of the Indigenous Chickasaw Nation shall, at stated times,
receive for their service a compensation not inconsistent with Article X.
Section 9. Before the Governor of the Indigenous Chickasaw
Nation assumes his office, he shall take the oath or affirmation as provided
for in Article XIII.
Section 10. The Governor of the Indigenous Chickasaw Nation
may on extraordinary occasions convene the Council at the seat of government
pursuant to Article V, Section 5, and such notice and other laws as may be
prescribed by the Council. The purpose 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 11. At every session of the Council, and immediately upon
its organization, the Governor of the Indigenous Chickasaw Nation
shall communicate by message, delivered to the Council upon the condition of
the Indigenous Chickasaw Nation; and shall recommend such matters to the
Council as he shall judge expedient.
Section 12. The Governor of the Indigenous Chickasaw Nation
shall cause the laws of the Indigenous Chickasaw 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 Indigenous
Chickasaw Nation. The Governor of the Indigenous Chickasaw Nation may
cause to be formed and operated, trusts, the beneficiary of which shall be
the Indigenous Chickasaw 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 13. The Lt. Governor of the Indigenous Chickasaw Nation
shall, by virtue of his/her office, aid and advise the Governor of
the Indigenous Chickasaw Nation in the administration of the government and
shall preside over the Council but shall vote only for the purpose of
breaking a tie vote.
Section 14. Nothing in this Constitution shall be construed as
preventing the Governor of the Indigenous Chickasaw Nation from
appointing such administrative assistants as he deems proper.
Section 15. Any citizen of the Indigenous Chickasaw Nation who is at
least twenty-six (26) years of age and a lineal descendant of Chickasaw
Freedmen Citizens enumerated upon Tribal Citizenship Rolls, the Dawes
Commission Final Indian Citizenship Rolls or Court Order may be eligible to
become a candidate for the office of Governor or Lt. Governor.
Section 16. The Governor and the Lt. Governor must be
registered to vote and must have been a member of the Indigenous Chickasaw
Nation for at least one (1) year immediately preceding any election for
which they are candidates and must remain a member of the Indigenous
Chickasaw Nation during the tenure of their office.
Article VII Judicial
There is hereby created a Judicial Appeals Tribunal composed of three (3)
members all of whom must be admitted to practice law before the highest
Court, and -all of whom shall be members of the Indigenous Chickasaw Nation,
appointed by the Governor of the Indigenous Chickasaw Nation and
approved by the Council for such terms until the appointed judge resigns,
retires, or deemed unfit to dispatch the duties of their office by joint 2/3
vote of the legislative and executive branches of the Indigenous Chickasaw
Nation.. The purpose of this Tribunal shall be to hear and resolve any
disagreements arising under any provisions of this Constitution or any
enactment of the Council. The Council shall provide for a procedure which
shall insure that any litigant receives due process of law together with
prompt and speedy relief. The decision of the Judicial Appeals Tribunal
shall be final insofar as the judicial process of the Indigenous Chickasaw
Nation is concerned.
Article VIII. Cabinet
Section 1. There shall be a cabinet composed of the following
persons who shall be members of the Indigenous Chickasaw Nation: Secretary,
Treasurer Secretary of Health, Education and Welfare Secretary of Commerce
and Industrial Development General Counsel Secretary of Communications.
Section 2. These persons shall be appointed by the Governor
of the Indigenous Chickasaw Nation and approved by the Council. The Council,
on recommendation of the Governor only, may create additional cabinet
positions and departments. The Governor 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 Governor of the Indigenous
Chickasaw Nation, abolish any established cabinet position or function or
revise the title or responsibilities of any foregoing department or
function.
Article IX. Election
All political power is inherent in the people, and all free governments are
founded on their authority, and instituted for their benefit; and they have
at all times the inalienable right to alter, reform or abolish their form of
government in such a manner as they may think expedient; provided, such
action is taken pursuant to this Constitution.
Section 1. The Council shall enact an appropriate law not
inconsistent with the provisions of this Constitution that will govern the
conduct of all elections, provided that the initial election of the Council
and Lt. Governor of the Indigenous Chickasaw Nation shall be conducted
pursuant to rules and regulations promulgated by the Governor of the
Indigenous Chickasaw Nation and the provision set forth in Articles V and VI
of this
Constitution, notwithstanding, the Governor of the Indigenous
Chickasaw Nation or Council may adopt rules requiring a majority vote for
any elective office.
Section 2. Any member by lineal descent of the Indigenous Chickasaw
Nation at least twenty-five years of age on the date of the election may be
a candidate for the Council, No person who shall have been convicted of or
has pled guilty or has pled no defense to a felony charge under the laws of
the Indigenous Chickasaw Nation, or of any State, Territory, or Possession
thereof, shall be eligible to hold any office or appointment of honor,
profit or trust within this Nation unless such person has received a pardon.
Any person who holds any office of honor, profit or trust in any other tribe
of Indians, either elective or appointive, shall be ineligible to hold
simultaneously any office of honor, profit or trust of the Indigenous
Chickasaw Nation.
Section 3. All elections shall be determined by secret balloting.
Section 4. No person who votes as a citizen of another tribe shall
be eligible to vote.
Article X. Fiscal
Section 1. The fiscal year shall commence on the first day of July in
each year, unless otherwise provided by law.
Section 2. The Council shall provide by law for an annual
expenditure of funds, and the source from which funds are to be derived, to
defray the estimated expenses of the Executive Council, Cabinet and
Departments of Government of the Indigenous Chickasaw Nation for each fiscal
year. The budget shall not exceed estimated revenues.
Section 3. At least thirty (30) days prior to the convening of each
regular session of the Council, the Treasurer shall make and present to the
Council an itemized estimate of the revenue to be received by the Indigenous
Chickasaw Nation, together with a statement of the sources from which
revenues are to be received, under the laws, grants judgments, interests,
and any other sources in effect at the time such estimate is made for the
next ensuing fiscal year. The Treasurer shall prepare annual financial
statements reflecting the results of operations of all tribal Activities and
shall prepare a consolidated balance sheet in conformity with generally
accepted accounting s within sixty (60) days after the end of the fiscal
year.
Section 4. The Council shall require that records be maintained of
all funds, monies, accounts and indebtedness and all other accounts bearing
upon the fiscal interests of the Indigenous Chickasaw Nation by the use of a
uniform system of accounting which records and financial statements shall be
audited by a Certified Public Accountant or as otherwise may be prescribed
by the Council prior to the submission of said accounts to the Council.
Section 5. The Treasurer shall be authorized to accept all grants,
donations of money, interest of funds of the Indigenous Chickasaw Nation,
judgments and any and all other sources of monies available to the
Indigenous Chickasaw Nation, for uses and purposes and upon the conditions
and limitations for which the same are granted or donated; and the faith of
the Indigenous Chickasaw Nation is hereby pledged to preserve such grants
and donations as a sacred trust, and to keep the same for the use and
purposes for which they were granted or donated.
Section 6. The Council shall have the authority to invest funds or
money of the Indigenous Chickasaw Nation and 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.
Section 7. The
credit of the Indigenous Chickasaw Nation shall not be given, pledged, or
loaned to any individual, firm, company, corporation, or association without
the approval of the Council. The Indigenous Chickasaw Nation shall not make
any donations by gift, or otherwise, to any individual, firm, company,
corporation, or association with out the approval of the Council.
Section 8. All laws authorizing the expenditures of money by and on
behalf of the Indigenous Chickasaw 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. 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 Indigenous Chickasaw 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 said
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 Indigenous Chickasaw Nation
shall receive from any individual, partnership, corporation, or entity doing
business with the Indigenous Chickasaw 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, and such surety
bonds shall insure to the benefit of and be paid for by the Indigenous
Chickasaw Nation for whose protection or surety the same shall be required
and in no event shall said surety bond be other than by a Licensed Insurance
Company.
Article XI. Removal From Office
Section 1. The Governor of the Indigenous Chickasaw Nation and
the Lt. Governor of the Indigenous Chickasaw Nation shall be subject to
removal from office for willful neglect of duty, corruption in office,
habitual drunkenness during the performance of official business, illicit
drug use of man made or processed substances [verified by testing for
cause], in competency or any conviction involving moral turpitude committed
while in office.
Section 2. All other elective officers shall be subject to removal
from office in such manner and for such causes as may be provided by laws
passed by the Council.
Section 3. The Council shall pass such laws as are necessary for
carrying into effect the provisions of this Article, insuring therein that
due process is afforded the accused.
Article XII. Employee Rights
Section 1. No employee, who having served in a position at least one
(1) year, shall be removed from the employment of the Indigenous Chickasaw
Nation except for cause. The employee shall be afforded a hearing by the
Judicial Appeals Tribunal under such rules and procedures as may be
prescribed by the Council.
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 Indigenous Chickasaw
Nation, and will, to the best of my ability, preserve, protect and defend
the Constitution of the Indigenous Chickasaw Nation. I swear or affirm
further, that I will do everything within my power to promote the culture,
heritage and traditions of the Indigenous Chickasaw 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.
Article XIV. Clans
Nothing in this Constitution shall be construed to prohibit the right of
any Chickasaw Freedmen to belong to a recognized tribal clan or organization
in the Indigenous Chickasaw Nation.
Article XV. Initiative, Referendum and Amendment
Section 1. Notwithstanding the provisions of Article V, the people of
the Indigenous Chickasaw 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 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 Indigenous
Chickasaw Nation is the initiative and ten percent of the registered voters
shall have the night to propose any legislative measure by petition and
fifteen percent 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 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 at the last general election for the officer receiving the highest
number of votes at such election.
Section 4. Referendum petitions shall be filed with the Secretary
not more than ninety 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 Governor of the Indigenous Chickasaw
Nation shall not extend to measures voted on by the people. All elections on
measures referred to the people of the Indigenous Chickasaw Nation shall be
had at the next regular general election except when the Council or the
Governor of the Indigenous Chickasaw Nation 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 in such
election. Any measure referred to the people by the referendum 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 and addressed to the Governor of the Indigenous Chickasaw 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 electors 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 electors of the
Indigenous Chickasaw Nation at a general or special election and be approved
by a majority of the electors voting thereon, before the same shall become
effective. The question of such proposed convention shall be submitted to
the members of the Indigenous Chickasaw Nation at least once in every twenty
(20) years.
Article XVI-Supersedes All Prior Chickasaw Freedmen Constitutions
Section 1. The provisions of this Constitution overrule and
supersede the provisions of all prior Indigenous Chickasaw Nation
Constitutions enacted since the Treaty with the Chickasaw and Chickasaw of
April 28, 1866.
Section 2. Nothing in the provisions of the articles of this
Constitution shall limit, invalidate, extinguish or abridge the Treaty,
Civil or Constitutional Rights of the Lineal Descendants or Citizens of the
Indigenous Chickasaw Nation. The articles of this Constitution shall enhance
all rights inscribed in the Treaty with the Chickasaw and Chickasaw of April
28, 1866.
Article XVII-Inalienable Rights
Descendants of Chickasaw Freedmen, opting to select citizenship
enrollment within the Sovereign Indigenous Chickasaw Nation, abiding
by the provisions inscribed in this Constitution document and the Sovereign
Indigenous Chickasaw Nation Bylaws; shall in no way be caused to suffer
harm, alienation, restriction or barred by its terms from seeking enrollment
in the host Chickasaw Nation (Except where such person may be required to
choose only one Nation in which to enroll, vote and pledge Citizenship
Duties thereto).
Enrollment in the Indigenous Chickasaw Nation shall not impede, hinder nor
cause interruption, rejection or illegal abrogation of the guaranteed
Citizenship and/or Treaty Rights of Indigenous Chickasaw Nation Citizens
choosing to retain/maintain their Citizenship, Treaty Rights and/or Voting
Rights Status with the host Chickasaw Nation as stipulated in the Treaty of
April 28,1866 guaranteeing such described rights for African Ancestored
Citizens, Freedmen, Communities and Tribes of the Chickasaw Nation.
Nor shall membership in the Sovereign Indigenous Chickasaw Nation
constitute an abandonment of legal title in reference to litigation, cases
or claims (past, pending or future) involving communal, tribal and/or
individual assets alleged by our host Nation covering the period c. 700 to
A.D. 2004 the period during which our ancestors and relatives were/are
considered part of the indigenous Tribal Unit known as Mobilians, Muskogean
Linguistic Stock, the Chickasaw Nation proper, African Ancestored, Chickasaw
Citizens, Chickasaw Freedmen. Tribal Communities, Townships, Districts,
Allotted Lands, Mineral Rights, Leaseholds, Stock and all Trust Funds
derived from the aforementioned era are Congressionally mandated as
belonging to the heirs of the original Chickasaw Nation of which we remain a
part.
Article XVIII. Adoption
This Constitution shall become effective immediately when embossed on
parchment, approved, signed and therefore executed and witnessed by the
Authorized Interim Executive Representative (s) of the Sovereign Indigenous
Chickasaw Nation. This Constitution is enacted in furtherance of provisions
of the Treaty with the Chickasaw and Chickasaw, April 28, 1866, referencing
equal Citizenship and Treaty Rights of those Citizens and descendants of
Citizens listed in Articles 2, 3 and 30 of said Treaty; and in full
acknowledgement of the Indian Reorganization Act Provisions of June 26,
1936, listed in Article XVII of this Constitution, including Section
9 of Title 25 and Section 1a of Title 25.
February 12, 2005
Sovereign Indigenous Chickasaw Nation Administrative Representatives
Now Therefore, I _____________________________,
affix my signature as Governor of the Indigenous Chickasaw Nation,
and pledge by the oath of this Honorable Office, to uphold the Laws of the
Indigenous Chickasaw Nation Constitution.
This____12___Day of ___Feb._______2005.
Original on file
This Constitution shall be filed in the office of the Indigenous
Chickasaw Nation, used in conjunction with the Bylaws and together sacredly
preserved as fundamental law of the Sovereign Indigenous Chickasaw Nation.
Now therefore I, Eleanor L Wyatt, Chairman-Freedmen Descendants
of the 5 Civilized Tribes, Incorporated, affix my signature and seal as
Witness of the Acceptance and Ratification of the Constitution of the
Sovereign Indigenous Chickasaw Nation.
_______Eleanor
L. Wyatt___
Eleanor L. Wyatt
This 12_Day of _Feb 2005
.
Seal
Amended May 27, 2005
Amendment April 20, 2006
With a 2/3 majority vote the names of Governor and Lt. Governor are to
replace the names of Principle Chief and Deputy Chief of the
Indigenous Chickasaw Nation
