Seminar Information - Montana & Associates

Amending Tribal Constitutions Today

How a poorly drafted Constitution may negatively effect a tribe’s sovereignty, and the general welfare of the tribe.

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COURSE DESCRIPTION

"*** A thoughtful, carefully written constitution is the cornerstone of a stable tribal government, skillfully balancing the rights of the people against those of the government’s and projecting a positive image of the tribe as an entity that deserves respect and standing in American and Indian society. *** Is your tribe’s constitution written to assure an atmosphere where economic growth and prosperity are possible? Will your constitution protect the rights of your people in times of crisis and political turmoil? Will is stand the test of time, safeguarding sovereignty for this generation and the generations to come? *** Find out by attending Tribal Constitutions and Bylaws, a three day seminar on creating and upgrading tribal governing documents. In addition to covering the general objectives of the course, participants are invited to provide a copy of their tribe’s existing constitution so the instructor can address your specific issues. *** If you are elected tribal official, part of the tribal administrative staff or a federal employee with responsibilities related to a tribal governments, this seminar will offer you the insight and skills you need to meet the governing challenges that tribes will face in the 21st Century."

COURSE CONTENT

I.	CONSTITUTIONAL REVISION?

A.	Reviewing your constitution for problems;

B.	IRA vs. Non-IRA constitutions;

C.	Procedures for Amendments;

D.	Resolutions for Amendments & Revisions;

E.	Constitutional revision committees;

F.	Funding for Constitutional Revisions;

G.	Legal advice re:amendments & revisions.

H.	Federal review requirements.

II.

PREAMBLES-CONSTITUTIONAL

A.	What is a preamble;

B.	Language used and/or required;

C.	Extent of jurisductional and sovereignty language;

D.	Broad language required;

E.	Research of aboriginal boundaries;

F.	Traditional vs. IRA forms;

G.	Effect of P.L. 280;

III.

MEMBERSHIP

A.	Language and form;

B.	Descent requirements;

C.	Blood requirements;

D.	Decision making authority;

E.	Descentency only;

F.	Enrollment Committee vs. Govt. body

G.	Keeping records;

IV.

INDIAN CIVIL RIGHTS ACT

A.	Introduction;

B.	Santa Clara Pueblo Case;

C.	Tribal Courts influence and effect;

D.	Bill of Rights and Talton v. Mayes;

E.	Who does it apply to?;

F.	Effect and Constitutional standards;

G.	Effect and Tribal membership;

H.	Governing body protection.

V.	POWERS OF GOVERNMENT BODY

A.	Authority to be excluded;

B.	Authority to promote the general welfare of group;

Officers;

D.	Seperation of Powers;

E.	Legislative body;

F.	Judicial body;

G.	Executive body/ Removal;

VI.

LANDS

A.	Assignments;

B.	Village Lands;

C.	Allotted Lands;

Leasing;

E.	Exchaanges of Assignments/Inheritance;

F.	Purchase Options.

VII.

REFERENDUM

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