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TABLE OF CONTENTS
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CONSTITUTION |
INTERPRETATIONS :
Interpretation No. 1-80 “Powers ossesid by.) Tribar ‘government
Interpretation No. 2.80 Authority to establish Tribal Court System
:
Interpretation No. i 3-81 Contracting. and ‘administering educational prograins limiting
- benefits to. children. of “or more Indian blood awe
Interpretation No. £84 power" to inter pret the Constitution
. ‘Authority and a
”
5-84. _ Definii ‘majority of eligible
oo
Interpretation No. a ‘01 “ votes cast. ” (Reseinded)
Interpretation No. 6-84. * ReGORAS’ open to inspection uider Section 4 ).
Interpretation No. Defi nition. of and how. number is to be
7-89 - “resident teligible voters”
Interpretation 8-94 “Committee, oo


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Interpretation No..; 9- -95 Rights of reservation voters to’ petition fora referendum
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Interpretation ‘No... 10-96 Reaffirmation of. position: that officials of. the government of
fo the: United States do not possess any legal authority to."
.
. fog.
; . «interpret
+ the Constitution of the: Minnesota Chippewa ‘Tribe
No. 9-95. ct
Interpretgtion _ 1 Reinstate: Interpretation ”
i er GA - ms ae ‘
1
Interpretation Not 1 09: Selif “Born to a member included” ad,
Interpretation No. 13- 09° “pllatbility of candidate for. This, a lesser crime: under
-
i we : applicable law office. es \
a :
‘ Le : é
Interpretation No. eH 2/3 Provision yet of Article X, Section 2 of the revised
; =. Tribe
.
‘ Rey , Constitution and Bylaws of the Minnesota Chippewa
ay a
. 154] n “article x Section 3. of the: Revised Constitution and Bylaws of
| the Minnesota, Chippewa Tribe shall be interpreted as’
hy, requ iring a majority. vote of. the members of a Reservation
Busihess,Committee to: ‘schedule. recall election and alll
“My om ithe accused member, shall be permitted
Li membersyincluding
.
“to vote :
Sie . 2!


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TRIBAL CONSTITUTION
INTERPRETATION NO. 1-80
WHEREAS, The Minnesota Chippewa Tribe is federally recognized Indian Tribe organized under
Section 16 of the Act of June 18, 1934 (48 Stat. 984) as amended; and
WHEREAS, The Tribal! Executive Committee and the Reservation Business Committees of the White
Earth, Leech Lake, Fond du Lac, Bois Forte (Nett Lake), Grand Portage, and Non-removal Bands of
Mille Lacs Chippewa Indians are the governing bodies of The Minnesota Chippewa Tribe; and
WHEREAS, The Minnesota Chippewa Tribe possesses the powers of sovereignty and self
government; and
WHEREAS, The Tribal Executive Committee possesses and exercises quasi-judicial powers and
among said quasi-judicial powers is the power to give official binding opinions regarding the meaning
and powers possessed by tribal-government under said Constitution,
NOW THEREFORE, The Minnesota Chippewa Tribal Executive Committee does declare that it shall
henceforth issue written opinions as to the meaning and interpretation of its Constitution. Said opinions
shall be issued in writing upon written request of the Reservation Business Committees, the Tribal
Executive Director, Division Heads of the Tribe’s subdivisions, Tribal Judges, the:United States and its
various departments and bureaus, the State of Minnesota and its political subdivisions and other entities
at the discretion of The Tribal Executive Committee or upon its own motion. Said opinions shall be
conclusive and final as to the meaning and interpretation of The Minnesota Chippewa Tribe's
Constitution and. the powers contained therein. (Said opinions shall be binding upon any tribal court
system established by tribal ordinance.) All written opinions of the Tribal Executive Committee
relating to- interpretation of the Tribe's Constitution shall be numbered as Tribal Constitution
Interpretations and given a number and said number shall be followed by the year in which the opinion
is given. The Tribal Secretary shall keep said opinions in a separate binder. This opinion shal! be
known as Tribal Constitution Interpretation No. 1-80.
We do hereby certify that the foregoing Constitution Interpretation was duly presented and acted upon
by a vote of 11 for, 0 against, at a regular meeting of the Minnesota Chippewa Tribal Executive
Committee, a quorum present, held on October 22 & 23, 1980, at Grand Portage, Minnesota.
Darrell Wadena, President
The Minnesota Chippewa Tribe
ATTEST: Daniel Morrison, Sr., Secretary
The Minnesota Chippewa Tribe


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TRIBAL CONSTITUTION
INTERPRETATION NO. 2-80
WHEREAS, The Minnesota Chippewa Tribal Executive Committee on its own motion has reviewed
its Tribe’s Constitution to make a determination as to whether The Tribal Executive Committee has the
power and authority to establish a Tribal Court System by ordinance, and
WHEREAS, the Preamble of the Constitution sets forth that the Chippewa Indians of the White
Earth, Leech Lake, Fond du Lac, Bois Forte (Nett Lake), Grand Portage and, Non-removal Bands of
Mille Lacs Chippewas organized under section 16 of the Act of June 18, 1934 (48 Stat. 984) as
amended, and it states “to form a representative Chippewa Tribal organization, maintain and establish
justice for our Tribe, and to conserve and develop our Tribal resources and common property; to
promote the general welfare of ourselves and descendants;”
Article 1, Section 3 of said Constitution sets forth “the purpose and function of this organization shall
be to conserve and develop Tribal resources and fa promote the conservation and. development of
individual Indian trust property; to promote the general welfare of the members of the Tribe; to preserve
and maintain justice for its members and otherwise exercise all powers granted, and provided the’
Indians, and take advantage of the privileges afforded by the Act of-June 18, 1934 (48 Stat. 984) and
acts amendatory thereof or supplemental thereto, and all ‘the purposes expressed, in the preamble
-
hereof.”
It is now therefore the opinion of the Tribal Executive Committee that among the inherent powers of
self government, The Tribal Executive Committee has the power to create by ordinance a judicial
system to fulfill the necds and. purposes set forth in, the Preamble to the Tribe's Constitution and in
Article 1, Section 3. A judicial system is necessary to maintain and establish justice for our Tribe, to
conserve and develop Tribal resources and common property, to provide for the general welfare of the
members of the Tribe. That said power is among the powers granted and provided Indians under the
Act of June 18, 1934 (48 Stat. 984) as amended, and among the inherent rights of self government and
sovereignty possessed by The Minnesota Chippewa Tribe.
It is the further opinion of the Tribal Executive Committee that the purposes of the Tribe as set forth
in the Preamble to the Constitution and Article I, Section 3 relating to organization and purpose would
be meaningless if interpreted to mean the implementation of these purposes was limited only to the
authorities as set forth in Article V and VI of the Constitution.
The United States Supreme Court in the case of Santa Clara Pueblo -vs- Martinez, 98S. Ct. 1670
(1978) held that Tribal Courts have repeatedly been recognized as appropriate forums for the exclusive
adjudication of disputes affecting important personal and property interests of both Indians and non-
Indians. It held the Tribes must apply and enforce the substantive provisions of the Indian Civil Rights
Act of 1968, 25 U.S.C. § 1301-1341.
It is necessary that a Tribal and Reservation Court system be established by ordinance to allow The
Minnesota Chippewa Tribe to apply and enforce the substantive provisions of the Indian Civil Rights
Act in order to promote the general welfare and maintain justice within the jurisdiction of The
Minnesota Chippewa Tribe.
We do hereby certify that the foregoing Constitutional Interpretation was duly presented and acted upon
by a vote of 11 for, 0 against, at a regular meeting of The Minnesota Chippewa Tribal Executive
Committee, a quorum present, held October 22 & 23, 1980, at Grand Portage, Minnesota.
Darrell Wadena, President
THE MINNESOTA CHIPPEWA TRIBE
ATTEST: Daniel Morrison, Sr., Secretary
THE MINNESOTA CHIPPEWA TRIBE
51


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TRIBAL CONSTITUTION
INTERPRETATION NO. 3-81
WHEREAS, the Tribal Executive Director has requested a written opinion as to whether the
Minnesota Chippewa Tribe is violating Article XIII—Rights of Members when it contracts and
administers education contracts with the United States and the State of Minnesota which do not allow
the funds granted under said contracts to be used to educate children of less than one-fourth (1/4) Indian
blood and whose parents are citizens of the United States and of the State in which they reside.
WHEREAS, Article XII]—Rights of Members provides:
“All members of the Minnesota Chippewa Tribe shall be accorded by the governing body equal
rights, equal protection, and equal opportunities to participate iu the economic resources and
activities of the Tribe, and no member shall be denied any of the constitutional rights or guarantees
enjoyed by other citizens of the United States, including but not limited to freedom of religion and
canscignee, freedom of speech, the right to orderly association or assembly, the right to petition for
action or the redress of grievances, and due process of law.”
And,
WHEREAS, Title 25, Section 297 of the United States Code, 40 Stat. 564, provides:
“$297. Expenditure for children with less than one-fourth Indian blood. No appropriation, except
appropriations made pursuant to treaties, shall be used to educate children of less than one-fourth
Indian blood whose parents are citizens of the United States and of the State wherein they live and
where there are adequate free school facilities provided.”
NOW, THEREFORE, it is the opinion of the Tribal Executive Committee that the Tribal Executive
Committee may, through its employees on behalf of the Minnesota Chippewa Tribe, contract and
administer grants and education programs with the United States government and the State of
Minnesota even though said grants and programs limit their use to children of at least one-fourth Indian
blood. The contracting and administering of said education programs docs not violate Article XIII of
the Tribe’s Constitution.
The Tribe’s Constitution under Article II, Section C, now limits tribal enrollment to “all children of
at least one-quarter (1/4) degree Minnesota Chippewa blood born after July 3, 1961, to a member,
provided that an application for enrollment was or is filed with the Secretary of the Tribal Delegates for
the Tribal Executive Committee within one year after the date of birth for such children.”
The United States Congress and the Legislature of the State of Minnesota have seen fit to pass
legislation that limits their educational appropriations for the education of Indian children of one-fourth
Indian blood or more, The acceptance and administering of these funds for educational programs by the
Minnesota Chippewa Tribe is not denying equal rights, and equal opportunities to members of the Tribe
who possess less than one-fourth Indian blood.
The Tribe, through its officers and employees, is merely administering Federa] and State funds
according to the provisions of the legislation authorizing said funds and programs. The Tribe is not
exercising any authority or creating any classcs among its members.
The reasonable classification of members of the Tribe that grant or deny certain rights or benefits is
not a violation of the rights of those members. The Tribe’s Constitution sets out reasonable classes by
setuog foyth membership requirements in Article II, Voting Rights, and Conditions for being a
Candidate for Ofice mn Artele LV.
52


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It is not unconstitutional to decide that people over 65 will receive retirement benefits; that people
under 18 cannot vote; that one must be a resident of a reservation for one year or more to be eligible to
run for office.
The Minnesota Chippewa Tribe did not create the classification or pass the legislation with the
language contained in 25 U.S.C. 297, 40 Stat. 564. The Tribal Executive Committee finds that the
contracting and administering of educational programs that limit the benefits to children of one-fourth
or more Indian blood does not violate the rights of members as set forth in Article XIII of the Tribal
Constitution.
We do hereby certify that the foregoing Constitution Interpretation was duly presented and acted upon
by a vote of 9 for, 0 against, at a regular meeting of the Minnesota Chippewa Tribal Executive
Committee, a quorum present, held on January 27 & 28, 1981, at St. Paul, Minnesota.
Darrell Wadena, President
The Minnesota Chippewa Tribe
ATTEST: Alfred Pemberton, Acting Secretary
The Minnesota Chippewa Tribe
53


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TRIBAL CONSTITUTION
INTERPRETATION NO. 4-81
WHEREAS, the Office of the Field Solicitor of the Department of the Interior has issued an opinion,
by
a letter dated November 19, 1980, directed to Edwin L. Demery, Area Director of the Minneapolis
Area Office of the Bureau of Indian Affairs; said letter being signed by Mariana R. Shulstad for the
Field Solicitor, and said letter concludes:
“We thus conclude that, under the present provisions of the Minnesota Chippewa Tribe Revised
Constitution and Bylaws, the TEC may not validly create a subordinate corporate entity such as
they have attempted to do here. A constitution amendment would be necessary to give them such
power. We hope this letter had adequately dealt with your questions on this matter. If you have
further questions, or if we may assist you in any way, you may contact Ann M. Spencer of this
office.”
NOW, THEREFORE, the Tribal Executive Committee of the Minnesota Chippewa Tribe on its own
motion does give the following opinion as to its authority as the governing body of the Minnesota
Chippewa Tribe to create and recognize corporate entities.
There is no dispute that the Chippewa People existed in North America and what is now the United
States long before Europeans arrived here. The Chippewa people were self-governing long before there
was
a United State of America or a State of Minnesota.
The European governments, and laler the United States government, dealt with all of the Indian
nations, tribes, and bands as sovereign peoples. The United States government has entered into a long
series of treaties with the Chippewa Nation since the first treaty of 1785, 7 Stat. 16, 16 Stats. 719.
The principal of this relationship between Indian nations and tribes is set out in the Handbook of
Federal Law, by John Cohen, wherein he states, at page 34:
“Generally speaking, the incidents attaching to a treaty with a foreign power have been held
applicable to Indian treaties. Thus, in accordance with the general mile applicable to foreign
treaties, the courts will not go behind a treaty which has been ratified to inquire whether or not an
Indian tribe was properly represented by its head men, or determine whether a treaty has been
procured by duress or fraud, and declare it inoperative for that reason. United States v. New York
Indians, 173 U.S. 464 (1899); United States v. Old Settlers, 148 U.S. 427 (1893).
. the treaty, after executed and ratified by the proper authorities of the Government, becomes the
supreme law of the land, and the courts can no more go behind it for the purpose of annulling its
effect and operation than they can behind an Act of Congress. Fellow v. Blacksmith, 60 U.S. 366
(1856).
It
is common knowledge among Indian people, including the Chippewa people, that the United States
government in some cases negotiated treaties where valuable land was ceded for nominal sums from
Indian people who did not have the authority to cxecute those treaties. The United States has said,
through opinions of its Supreme Court, that the courts will not look to see if the head men negotiating
the
treaty properly represented the tribe.
lias the opinion of the Tribal Executive Committee that it is the only proper body to interpret the
Constitution of the Minnesota Chippewa Tribe and that the United States, through its courts, solicitors,
or
employees, lacks the authority or jurisdiction to determine the meaning of the Constitution of the
Minnesota Chippewa Tribe in opposition to the interpretations or actions of the Tribal Executive
Committee.
54


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It is the further opinion of the Tribal Executive Committee that it has both the inherent power and the
authority, both implied and stated, under its Constitution to create and recognize corporate entities. No
constitutional amendment is required to do so.
The Minnesota Chippewa Tribe has chartered corporations since the 1960s when it chartered the
Housing Authorities. Since then, literally millions of dollars have changed hands based upon the
authority of these corportions to do what they were chartered to do. Currently, many contracts and
legal obligations on all of the six reservations are dependent upon the authority of these tibally
chartered corporations to do business. Substantial rights would be affected and unnecessary litigation
would proliferate if these corporations were held to have no authority nor to be validly in existence.
Such a result is not necessary or desirable.
The Minnesota Chippewa Tribe finds the United States government and its Departments, such as the
Department of the Interior, to be constantly in the position of supporting the authority of Indian leaders
who executed treaties, either without authority or under duress or fraud whereby the vast estate and
resources of the Chippewa people were depleted and, on the other hand, attempting to find tribal
leadership without power or authority to perform necessary government functions and exercise
authority needed to promote the welfare, maintain justice, and develop tribal resources for the members
of the Minnesota Chippewa Tribe.
We do hereby certify that the foregoing Constitution Interpretation was duly presented and acted upon
by a vote of 9 for, 0 against, at a regular meeting of the Minnesota Chippewa Tribal Executive
Committee, a quorum present, held on January 27 & 28, 1981, at St. Paul, Minnesota.
Darrell Wadena, President
The Minnesota Chippewa Tribe
ATTEST: Alfred R. Pemberton, Acting Secretary
The Minnesota Chippewa Tribe
55


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TRIBAL CONSTITUTION
INTERPRETATION NO. 5-84
WAS RECINDED BY THE
TRIBAL EXECUTIVE COMMITTEE
ON NOVEMBER 7, 1996.
TRIBAL CONSTITUTION
INTERPRETATION NO. 5-84
WHEREAS, the Tribal Executive Committee of The Minnesota Chippewa Tribe did in Tribal
Constitution Interpretation No. 1-80 find that the Tribal Executive Committee has the authority to make
final interpretations of the Constitution of The Minnesota Chippewa Tribe; and
serCSM elections held under this Constitution, the majority of eligible votes cast shall
Ret ag rovided by and act of Congress.
The questions to be ded@ledeiréce of eligible votes cast” means a number greater than
@ajority
the total or if it means a preporgxcrant majority or share?
This opinion is consistent with the interpretations applied
Tribal Executive Committee in past elections.
The Tribal Executive Committee has the authority under Article V — Tribal Elections, of the
Constitution of The Minnesota Chippewa Tribe to adopt a uniform election ordinance to provide for
primary elections when there are more than two candidates for an office and to provide that the two
candidates receiving the most votes cast in the primary, shall then run in a general election for that
office. The candidate then receiving the most votes would also receive over half of the total. Until such
time as the Tribal Executive Committee decides to adopt a uniform election ordinance that provides for
primary elections, majority vote shall mean the greater share of votes received.
We do hereby certify that the foregoing Constitutional Interpretation was duly presented and acted upon
by a vote of 8 for, 4 against, * at a Special Meeting of The Minnesota Chippewa Tribal Executive
Committee, a quorum present, held on March 12 & 13, 1984, at Cass Lake, Minnesota.
Darrell Wadena, President
THE MINNESOTA CHIPPEWA TRIBE
ATTEST: Daniel Morrison, Sr. Secretary
THE MINNESOTA CHIPPEWA TRIBE
* Roll Call Vote
36


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TRIBAL CONSTITUTION
INTERPRETATION NO. 6-84
WHEREAS, the Tribal Executive Committee of The Minnesota Chippewa Tribe did in Tribal
Constitution Interpretation 1-80 find that the Tribal Executive Committee has the authority to make
final interpretations of the Constitution of the Minnesota Chippewa Tribe, and
WHEREAS, the Legislative Subcommittee of the Tribal Executive Committee has requested the full
Tribal Executive Committee to issue a forma! interpretation of Section 4, (b) of the By-laws of the
Revised Constitution of The Minnesota Chippewa Tribe, which provides:
Section 4 (b); keep and maintain, open to inspection by members of the Tribe or representative
of the Secretary of Interior, at all reasonable times adequate and correct accounts of the
properties and business transactions of the Tribe.
The questions to be decided as to what records of the Minnesota Chippewa Tribe are included to be
Open to inspection to members of the Tribe or representatives of the Secretary of the Interior under this
section.
NOW THEREFORE BE IT RESOLVED, that the Tribal Executive Committee of The Minnesota
Chippewa Tribe is of the opinion that Section 4 (b) is limited in its application to only certain records of
The Minnesota Chippewa Tribe. It specifically refers to allowing members of the Tribe or
representatives of the Secretary of the Interior to inspect at reasonable times, “adequate and correct
accounts of the properties and business transactions of the Tribe.”
This section makes no reference to other types of records or accounts. The Tribal Executive Committee
is of the opinion that properties refers to such tangible items as real property, timber, equipment and
other tangible property by the Tribe. It is the further opinion of the Tribal Executive Committee
that business transactions refers to transactions that are in the nature of business and not governmental
in nature.
Such records do not include the personnel records of the employees of the Tribe or expenditures for
meetings of the Tribal Executive Committee or of the costs of operating Tribal government as examples
of records not covered by this section.
It is the opinion of the Tribal Executive Conunittce that the clear intent of the meaning of Section 4 (b)
is to allow Tribal members or representatives of the Secretary of Interior to inspect accounts of the
physical assets of the Tribe and of its business activities in order that both Tribal members and
representatives of the Secretary of the Interior can be kept aware of the transactions that might effect
both the trust properties of the Tribe or its economic well-being from business transactions.
Tribal government could be brought to a standstill by demands to inspect all of its records including its
governmental! operation records. This interpretation does not prevent the Tribal Executive Committee
from adopting, by ordinance, resolution, or guidelines, provisions to allow members to examine or
inspect other records than those covered by this interpretation. The purpose to be served by this
interpretation is to establish that the Revised Constitution and By-laws of The Minnesota Chippewa
Tribe does not provide for inspection of all of the records and accounts of The Minnesota Chippewa
Tribe.
We do hereby certify that the foregoing Constitutional Interpretation #6-84 was duly presented and
acted upon by a vote 8 For, 0 Against, 0 Silent, at a Special Meeting of The Minnesota Chippewa Tribal
Executive Committee, a quorum present, held on April 10, 1984, at Duluth, Minnesota.
Darrell Wadena, President
The Minnesota Chippewa Tribe
ATTEST: Daniel Morrison Sr., Secretary
The Minnesota Chippewa Tribe
57


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TRIBAL CONSTITUTION
INTERPRETATION NO. 7-86
WHEREAS,
Article X, Section 3 of the Constitution of the Minnesota Chippewa Tribe provides as
follows:
Section 3. “Any member of the Reservation from which the Reservation Business
Committees elected may prefer charges by written notice supported by the signatures
of no less than 20 percent of the resident eligible voters of said Reservation, stating
any of the causes for removal set forth in Section 2 of this Article, against any
member or members of the respective Reservation Business Committee. The notice
must be submitted to the Business Committee. The Reservation Business Committee
shall consider such notice and take the following action:”................ and
WHEREAS,
a question has arisen as to the definition of the term “resident eligible voters” and
how the number of resident eligible voters is to be determined.
NOW
THEREFORE BE IT RESOLVED that the following is the interpretation to be given the term
“resident eligible voters” and how the number is to be determined.
1. Resident Eligible Voters shall mean all enrolled members of a Band who reside
within the boundaries of their Reservation who are 18 years of age and otherwise
qualify to vote on their Reservation of enrollment. They need not have voted in any
election.
2. Resident Eligible Voters shall be determined by each Reservation Business
Committee who shall maintain a list of enrolled members who reside upon their
reservation of enrollment. The list of eligible resident voters shall be updated every
two (2) years.
We do hereby
certify that the foregoing Resolution was duly presented and acted upon by a vote of 9
silent, at a Special Meeting of the Minnesata Chippewa Tribal Executive Committee, a
for, 2 against, 0
held on April 11, 1986 at Cass Lake, Minnesota.
quorum present,
Darrell Wadena, President
The Minnesota Chippewa Tribe
ATTEST: Daniel Morrison, Sr., Secretary
The Minnesota Chippewa Tribe
58


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TRIBAL CONSTITUTION
INTERPRETATION 8-94
WHEREAS, the Tribal Executive Committee of the Minnesota Chippewa Tribe did in Tribal
Constitution Interpretation 1-80 find that the Tribal Executive Committee has the authority to make
final interpretations of the Constitution of the Minnesota Chippewa Tribe; and
WHEREAS, the Sccretary/Treasurer of the White Earth Reservation Business Committee (also
known as the Tribal Council) requested the Tribal Executive Committee to interpret the Minnesota
Cliippewa Tribe Constitution’s provisions relating to the powers of Chairpersons of Reservation
Business Committees. (also known. as Reservation Tribal Councils) and relating to delegation of
authority; and
WHEREAS, the Minnesota Chippewa Tribe Constitution states in Article VI:
Section 1, Each of the Reservation Business Committees shall, in accordance with applicable laws
or regulations of the Department of the Interior, have the following powers:
(e) To delegate to committees, officers, employees or cooperative associations any of the foregoing
authorities, reserving the right to review any action taken by virtue of such delegated authorities.
NOW THEREFORE BE IT RESOLVED that the Tribal Executive Committee interprets the language
of the Constitution to mean that the delegation of authority is given to the Reservation Business
Committee (also known as Reservation Tribal Council),
We do hereby certify that the foregoing Constitutional Interpretation was duly presented and acted upon
by a vote of 11 For, 0 Against, 0 Silent at a Special Meeting of the Minnesota Chippewa Tribal
Executive Committee, a quorum present, held on July 13, 1994, at St. Paul, Minnesota.
Darrell Wadena, President
The Minnesota Chippewa Tribe
ATTEST: Peter J. Defoe, Jr., Secretary
The Minnesota Chippewa Tribe
59


===== page 13 =====

TRIBAL CONSTITUTION
INTERPRETATION NO. 9-95
WAS RECINDED BY THE
TRIBAL EXECUTIVE COMMITTEE
ON AUGUST 8, 1996.
TRIBAL CONSTITUTION
INTERPRETATION NO. 9-95
WHEREAS, Article XIV of the Revised Constitution of the Minnesota Chippewa Tribe provides
for a referendum process with regard to Reservation Business Committee resolutions
or ordinances; and
WHEREAS, Article XIV is silent on several issues, and further interpretation is needed concerning
the circumstances in which the referendum process can be used; and
The Minnesota Chippewa Tribal Executive Committee is the governing body of The
~,
Minnesota Chippewa Tribe and has the authority to interpret the Tribal Constitution;
V,,Seetion 2, of the Revised Constitution of
Sing ppretad as follows:
1.
.
resolutions or ordinances of a ReservittioG
finally enacted by the Committee. .
2. The right of reservation voters to petition for a referendum is limited to
legislative enactments by the Reservation Business Committee, and does not
extend to the exercise of administrative and executive power of the Committee
3. The right of reservation voters to petition for a referendum does not extend to
emergency enactments passed for the preservation of the public peace, health,
and safety.
4. The right of reservation voters to petition for a referendum does not extend to
enactments or appropriations necessary for the expenses, maintenance, and
support of the reservation government and its institutions.
We do hereby certify that the foregoing Constitutional Interpretation was duly presented and acted upon
by a vote of 9 For, @ Against, 2 Absent, at a Regular Meeting of The Minnesota Chippewa Tribal
Executive Committee, a quorum present, held on May 19, 1995, at Duluth, Minnesota.
Norman W. Deschampe, President
THE MINNESOTA CHIPPEWA TRIBE
ATTEST: Peter J. Defoe, Secretary
THE MINNESOTA CHIPPEWA TRIBE


===== page 14 =====

TRIBAL CONSTITUTION
INTERPRETATION NO. 10-96
WHEREAS, The Minnesota Chippewa Tribal Executive Committee is the duly elected governing
body of the Minnesota Chippewa Tribe; comprised of six member reservations (Bois Forte, Fond du
Lac, Grand Portage, Leech Lake, Mille Lacs, and White Earth); and
WHEREAS, In a letter dated June 26, 1996, the Acting Area Director, Minneapolis Area Office,
Bureau of Indian Affairs has stated that because of the “lack of constitutional direction” he possessed
the legal authority to take “extraordinary measures”, and that-he has the power to remove duly elected
members of a Tribal Council of a Band of the Minnesota Chippewa Tribe and establish rules for the
operation of that Tribal Council; and
WHEREAS, The Tribal Executive Committee of the Minnesota Chippewa Tribe established the
principle, in its Constitutional Interpretation No. 4-81, on January 27 and 28, 1981 that the Tribal
Executive Committee—
Is the only proper body to interpret the Constitution of the Minnesota
Chippewa .Tribe and that the. United Statés, through its courts,
solicitors, or employees, lacks the authoyity or jurisdiction to determine
the meaning of the Constitution of the Minnesota Chippewa Tribe in
opposition to the interpretations or actions of the Tribal Executive
Committee. 7
NOW THEREFORE BE IT RESOLVED, The Tribal Exeoutive Committee of the Minnesota
Chippewa Tribe does herewith reaffirm its long-held position that the officials of the government of the
United States, including but not limited to the Acting Area Director of the Minneapolis Area Office,
Bureau of Indian Affairs, do not possess any legal authority to interpret the Constitution of the Minnesota
Chippewa Tribe, or to remove sitting members a government of a Band of the Tribe, or to establish
rules for the operation of.a government of a Band of the Minnesota Chippewa Tribe.
We do hereby certify that the foregoing Constitution Interpretation was duly presented and acted upon by
a vote of 10 For, 0 Against, 0 Silent during a telephone conference meeting with the Minnesota
Chippewa Tribal Executive, Conunittce, a quorum present, held on July 3, 1996.
Norman W. Deschampe, President
THE MINNESOTA CHIPPEWA TRIBE
ATTEST: Peter J. Defoe, Secretary
THE MINNESOTA CHIPPEWA TRIBE
61


===== page 15 =====

TRIBAL CONSTITUTION
INTERPRETATION NO. 11-09
WHEREAS,
Article XIV of the Revised Constitution of the Minnesota Chippewa Tribe
provides for a referendum process with regard to Tribal Executive
Committee and Reservation Business Committee resolutions or
ordinances; and
WHEREAS,
Article XIV is silent on several issues, and further interpretation is needed
concerning the circumstances in which the referendum process can be
used; and
WHEREAS,
the Minnesota Chippewa Tribal Executive Committee is the governing
body of the Minnesota Chippewa Tribe and has the authority to interpret
the Tribal Constitution; and
WHEREAS,
there are certain responsibilities that are so fundamental to the operation
and continuation of self-government that they cannot be affected by
referendum; and
WHEREAS,
on May 19, 1995, the Tribal Executive Committee interpreted the Tribal
Constitution to provide some guidance with regard to the use of the
referendum process and designated that guidance as Interpretation No. 9-
95: and
WHEREAS,
on August 8, 1996, the Tribal Executive Committee rescinded
Interpretation No. 9-95; and
WHEREAS,
the Tribal Executive Committee finds that reinstatement of the principles in
Interpretation No. 9-95 and extending its applicability to enactments of the
Tribal Executive Committee is desirable; and
NOW
THEREFORE BE IT RESOLVED that Article XIV of the Revised Constitution of
the Minnesota Chippewa Tribe is hereby interpreted as follows:
1. The right of reservation voters to petition for a referendum is limited
to resolutions or ordinances of the Tribal Executive Committee or a
Reservation Business Committee which have been finally enacted
by the Committee.
2. The right of reservation voters to petition for a referendum is limited
to legislative enactments by the Tribal Executive Committee or the
Reservation Business Committee, and does not extend to the
exercise of administrative and executive power of the Committee.
62


===== page 16 =====

3.
The right of reservation voters to petition for a referendum does not
extend to emergency enactments passed for the preservation of the
public peace, health, and safety.
4.
The right of reservation voters to petition for a referendum does not
extend to enactments or appropriations necessary for the
expenses, maintenance, and support of the tribal and reservation
governments and their institutions.
6.
The right of reservation voters to petition for a referendum does not
permit either the disavowal of lawful contracts entered into by the
Tribal Executive Committee or a Band goveming body or the
abridgement of rights created under such contracts.
6.
The right of reservation voters to petition for a referendum is Kmited
to the extent that any such proposed referendum seeks to compel
the Tribal Executive Committee or a Band governing body to act in
a manner which violates the rights of members secured by Article
XIII of the Constitution and by the statutes of the United States,
specifically including the Indian Civil Rights Act, 25 U.S.C. § 1301,
et. seq.
We do hereby
certify that the foregoing Constitutional Interpretation was duly presented
a vote of 11 For, 0 Against, 0 Silent, at a Special Meeting of the
and acted upon by
Minnesota
Chippewa Tribal Executive Committee, a quorum present, held on December
Lake, Minnesota.
§, 2009 at Prior
Norman W. Deschampe, P
E MINNESOTA CHIPPEWA TRIBE
Heister,
ranklin B. Secretary
THE MINNESOTA CHIPPEWA TRIBE
63


===== page 17 =====

TRIBAL CONSTITUTION
INTERPRETATION NO. 12-09
WHEREAS, Interpretation No. 1-80 provides that the Tribal Executive Committee
(TEC) may at its own motion issue written opinions as to the meaning and
interpretation of the Revised Constitution and Bylaws of the Minnesota
Chippewa Tribe; and
WHEREAS,
Article li, Saction 1(c) of the Revised Constitution and Bylaws provides
that the membership of the Tribe shall include “[a]ll children of at least one
quarter (4 ) degree Minnesota Chippewa Indian blood born after July 3,
1961, member, (Emphasis added); and
WHEREAS,
a question has arisen whether a child adopted by a member or members
of the Minnesota Chippewa Tribe may assume % of the Minnesota
Chippewa Tribe blood of an adoptive parent or parents; and
WHEREAS,
the Section III.G. of the Enrollment Ordinance adopted by the TEC on July
30, 2003, defines “child born to a member’ as meaning “the biological
child of a person who at the time of the child's birth was an enrolled
member...; and
WHEREAS,
Article II, Section 3 of the 1936 Minnesota Chippewa Tribe Constitution
provided that “[nJo person shall be enrolled as a member of the tribe
unless he or she is a descendent of a member of the tribe; and
WHEREAS,
the enrollment practices of the MCT have always determined Minnesota
Chippewa Indian blood by reference to biological parents and not adoptive
parents; and
NOW
THEREFORE BE IT RESOLVED that the requirement of being “born to a
member” in Article It of the Revised Constitution and Bylaws of the
Minnesota Chippewa Tribe has always meant that an applicant is
attributed only with the Minnesota Chippewa Indian blood of his or her
biological parents.
We do
hereby certify that the foregoing Constitutional Interpretation was duly presented
and acted
upon by a vote of 11 For, 0 Against, 0 Silent, at a Special Meeting of the
Minnesota
Chippewa Tribal Executive Committee, a quorum present, held on December
Prior Lake, Minnesota.
8, 20089 at
Norman W. Deschampe, President Franklin B. Heisler, Secretary
THE
MINNESOTA CHIPPEWA TRIBE THE MINNESOTA CHIPPEWA TRIBE
64


===== page 18 =====

TRIBAL CONSTITUTION
INTERPRETATION NO. 13-08
WHEREAS,
Interpretation No. 1-80 provides that the Tribal Executive Committee
(TEC) may at its own motion issue written opinions as to the meaning and
__
interpretation of the Revised Constitution and Bylaws of the Minnesata
Chippewa Tribe;
WHEREAS,
Article IV, Section 4 of the revised Constitution and Bylaws provides that
*[n]o member of the Tribe shall be eligible to hold office, either as a
Committeeman or Officer, if he or she has ever been convicted of a felony
of any kind; or of a lesser crime involving theft, misappropriation, or
embezzlement of money, funds, assets, or property of an Indian tribe or a
tribal organization”; and
WHEREAS,
a question has arisen whether a conviction for an attempt to commit theft,
misappropriation, or embezzlement of tribal money, funds, assets, or
property is a disqualifying offense under Article IV, Section 4, and
WHEREAS,
the TEC believes that the provisions of the Constitution should be
Interpreted to give effect to the common sense expectations of the
membership; and
NOW
THEREFORE BE IT RESOLVED that Article IV, Section 4 of the Revised
Constitution and Bylaws of the Minnesota Chippewa Tribe is hereby
interpreted as follows:
A conviction of a lesser crime involving theft,
misappropriation, or embezzlement of money, funds,
assets or property of an Indian tribe or tribal
organization shall include a conviction for an attempt
to commit such a crime if the attempt is punishable as
an offense under applicable law.
We do
hereby certify that the foregoing Constitutional Interpretation was duly presented
and acted
upon by a vote of 7 For, 2 Against (Herbert Weyaus, Arthur LaRose), 2 Silent
( Marge
Anderson, Michael Bongo), at a Special Meeting of the Minnesota Chippewa
Tribal
Executive Committee, a quorum present, held on December 8, 2009 at Prior
Minnesota.
Lake,
aschampé, President Franklin B. Heisler, Secretary
MINNESOTA CHIPPEWA TRIBE THE MINNESOTA CHIPPEWA TRIBE
65


===== page 19 =====

TRIBAL CONSTITUTION
interpretation No. 14-2011
WHEREAS,
Interpretation No. 1-80 provides that the Tribal Executive Committee
(TEC) may at its own motion issue written opinions as to the meaning and
interpretation of the Revised Constitution and Bylaws of the Minnesota
Chippewa Tribe; and
WHEREAS,
Article X, Section 2 of the Revised Constitution and Bylaws provides that a
“Reservation Business Committee by a two-thirds (2/3) vote of its
members shall remove any officer or member of the Committee for the
[causes listed thereafter]’ and in accordance with the procedures in Article
X, Section 3; and
from time to time the Tribal Executive Committee has been asked to
WHEREAS,
provide its interpretation of the two-thirds vote provision and did so at a
Special Meeting on January 5, 1998, and
WHEREAS,
the motion that was approved on January 5, 1998, was not memorialized
as a written opinion as to the meaning and interpretation of the
Constitution as required by Interpretation No. 1-80; and
WHEREAS,
in order to conform the interpretation approved on January 5, 1998, to the
requirements of Interpretation No. 1-80, the Tribal Executive Committee
hereby confirms that interpretation; and
NOW
THEREFORE BE IT RESOLVED that the two-thirds provision of Article X,
Section 2 of the Revised Constitution and Bylaws of the Minnesota
Chippewa Tribe shall be interpreted as meaning that four affirmative votes
of a five-member RBC (Band governing body) are required to remove one
of its members and the accused member shall be permitted to vote.
We do
hereby certify that the foregoing Resolution was duly presented and acted upon
by a vote of
11 For, 0 Against, 0 Silent, at a Regular Meeting of the Minnesota
Chippewa
Tribal Executive Committee, a quorum present, held on January 5, 2011 at
Minnesota.
Onamia,
Nérman W.
Deschampe, President Michael J. Bongo, Secretary ~
THE
MINNESOTA CHIPPEWA TRIBE THE MINNESOTA CHIPPEWA TRIBE
66


===== page 20 =====

TRIBAL CONSTITUTION
Interpretation No. 15--2011
WHEREAS,
Interpretation No. 1-80 provides that the Tribal Executive Committee (TEC) may
at its own motion issue written opinions as to the meaning and interpretation of
the Revised Constitution and Bylaws of the Minnesota Chippewa Tribe; and
Article X, Section 3 of the Revised Constitution and Bylaws provides that “[i]f
WHEREAS,
the Reservation Business Committee deems the accused has failed to answer
charges [in a valid petition] to its satisfaction or fails to appear at the appointed
time, the Reservation Business Committee may remove as provided in Section 2
or it may schedule a recall election ...” (Emphasis added); and
the Tribal Executive Committee finds that it is in the best interest of the
WHEREAS,
Minnesota Chippewa Tribe to interpret the Revised Constitution and Bylaws and,
in doing so, determine the number of votes necessary to schedule a recall election;
and
NOW
THEREFORE BE IT RESOLVED that Article X, Section 3 of the Revised Constitution
~
and Bylaws of the Minnesota Chippewa Tribe shall be interpreted as requiring a
majority vote of the members of a Reservation Business Committee to schedule a
recall election and all members, including the accused member, shall be permitted
+
to vote.
We do
hereby certify that the foregoing Resolution was duly presented and acted upon
11 For, 1 Against, 0 Silent, at a Regular Meeting of the Minnesota
by a vote of
Tribal Executive Committee, a quorum present, held on January 5, 2011 at
Chippewa
Minnesota.
Onamia,
Deschampe,
Norman W. Presiient
E MINNESOTA CHIPPEWA TRIBE
;
rh ot ¢ Bow Yo
Michael J. Bongo, Secretary
THE MINNESOTA CHIPPEWA TRIBE
67