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HOW DID THE BLACKFEET CONSTITUTION REFORM BEGIN?
In June 2008, the Blackfeet membership overwhelmingly passes a referendum vote: 2422 FOR/ 322 AGAINST, the balot stated:
“Do you want to see a change in the Blackfeet Tribal Government by amending the constitution & bylaws to include Separation of Powers? If the tribal membership agrees to this restructuring, a committee of five persons will be appointed by the Tribal Council to conduct community meetings and come up with recommendations on the Separations of Powers, Utilization of Blackfeet Traditions, Values and Ethics and other amendments which will go to the people for a Secretarial Election.” This started the Blackfeet Constitution Reform Process. WHAT IS A CONSTITUTION?
A constitution indicates how a government is organized as a political body. It lays out the most basic features of the government and the rules by which the tribe intend to be governed. It is the governing document that sets the functions of how the tribe will operate.
WHAT IS THE BLACKFEET CONSTITUTION?
The Blackfeet Constitution includes article I-Territory, Article II- Membership, Article III- Governing Body, Article IV- Elections and Nominations to the Council, Article V- Vacancies and Removal from Office, Article VI- Powers of the Council, Article VII- Land, Article VIII- Bill of Rights, Article IX- Referendum, and Article X- Amendments. The constitution is the legal binding Blackfeet Tribal law that all members and leaders must follow when dealing with any aspect of the tribal government.
HOW DID THE BLACKFEET GET A CONSTITUTION?
In 1934 the United States Government passed the Indian Reorganization Act (IRA). Section 16 of the IRA allowed tribes to govern themselves as well as their assets, resources, and development. Tribes now had the freedom to pursue enrichment and enhancement of their people. Part of the Act determined that each tribe would adopt a constitution that would be the governing document of how the tribe would function. The Blackfeet leaders and other tribal leaders were given a "boiler-plate IRA" Constitution and told that this constitution would benefit their tribes and provide them the ability for self governance and self rule, something that all tribal leaders and members desired. In 1935, the Blackfeet people adopted the constitution. WHAT IS WRONG WITH AN IRA CONSTITUTION? Tribal Constitutions and Codes are the heart of Tribal Self Government; their intent is to create a system of stability in order for tribes to manage resources and develop economies. The IRA Constitution does not have a checks and balance system, it does not allow for a system of stability because it gives only one body (Tribal Councils) ultimate and absolute power. It creates a system of dysfunction and instability and a system of dependency on the United States Government. Any tribe that adopted the IRA Constitution is under strict requirements of approval by the Secretary of Interior for all decisions made by tribes. This in itself is a bruise to the inherent sovereignty that tribes possess. The IRA constitution has created tribal conflicts, abuse, and division. It has kept tribes from economic development and growth. Most tribes that adopted the IRA Constitution have dealt with the same issues, problems, and inconsistencies. Many tribes throughout the United States have reformed their constitutions in order to incorporate separation of powers that provides checks and balances, accountability, and ethics.
WHAT IS "SEPARATION OF POWERS"? Separation of Powers means a government that is free from political interference and conflicts of interest that allows for a fair and ethical administration of that government. In other words, it is a system that does not allow the leadership, the bureaucracy and the people to abuse power, resources, and dollars of the tribe due to separating the powers of the tribal government and incorporating strong codes of ethics and accountability into the constitution. The system of dividing the powers and duties of a government into different branches in order to create a checks and balanced system that does not allow unethical behavior of the leadership, the employees, and the people. |
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