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The Development of the MCT Constitution
Philip M. Brodeen
Brodeen & Paulson PLLP
Power Point Presentation
Overview of Presentation
Important Federal Laws
History of the MCT Constitution
Powers & Duties of the TEC
Powers & Duties of RBC
Day-to-day operations
Important Federal Laws
General Allotment Act of 1887
Nelson Act of 1889
Indian Reorganization Act of 1934
General Allotment Act of 1887
Converted communally owned Indian land to individually owned parcels through allotment
Goal was to break up the communal aspect of Indian society and turn Indians into farmers
Individual members would receive allotments to work and live on
Excess lands sold to non-Indians
Led to the dispossession of millions of acres of Indian land and significantly fractionated
ownership
Nelson Act of 1889
Federal law that intended to relocate Anishinaabe people in Minnesota to the White Earth
Reservation
Mandated allotment of communal lands and allowed the sale of surplus lands
Focused on all Anishinaabe in Minnesota, including Red Lake
Improper timber valuations and the taking of land led to the Nelson Act Settlement
Indian Reorganization Act of 1934
Combatted the alienation of Indian land
Imposed a standardized model of governance on tribes
Adoption of the IRA was voluntary and each reservation had 18 months to vote on whether
or not to adopt
Initial Organization of MCT
The Anishinaabe in Minnesota followed traditional political systems which employed
localized control by hereditary chiefs
* Bands lived in fairly independent communities scattered throughout the northern part of
the state
There was no tribal organization that represented all of the Anishinaabe in Minnesota
Initial reservations were set aside for individual Bands of Anishinaabe pursuant to treaties
Nelson Act created the “Chippewa in Minnesota Fund”
¢ even
included all Anishinaabe, Red Lake
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Initial Organization of MCT (continued)
To ease administration of the fund, the Indian Office attempted to deal w/ the Anishinaabe in
Minnesota as one tribe instead of as individual reservations
In the span of four years, the Indian Office began with practically no local organizations and
built a tribal organization to represent all Anishinaabe in Minnesota
In 1913, the Chippewa General Council was formed to act as a medium between the
Anishinaabe and their money in the Nelson Act’s “Chippewa in Minnesota Fund”
Considerable controversy occurred between full-blooded Indians and mixed-bloods related to
administration
Red Lake’s opposition to allotment led to them being considered separate from the 6 Bands
of the MCT
¢ Separation was upheld by the 1937 Supreme Court case titled Chippewa Indians of
Minnesota v. United States (Red Lake Band, Interveners)
The Chippewa General Council failed to garner local support and lost legitimacy
Overview of MCT Constitution
IRA Constitution adopted in 1936
Amended and Revised Constitution adopted in 1963
¢
4 additional amendments
= —
Amendment I 1972
=» —
Amendment II 1972
=» —
Amendment III 2006
= -
Amendment IV 2006
1936 MCT Constitution
After passage of the IRA, significant discussion occurred on whether the 6 Reservations
should be organized separately or together
¢ Indian Office only saw confusion ahead if the Bands organized separately so they pushed
a centralized form of governance on the 6 reservations
1936 MCT Constitution was drafted by Leech Lake member and Indian Office employee
Jacob Munnell and Cass County Attorney Edward Rodgers
* Included a consolidated governmental structure (the TEC) based on tribal
communities/districts
* Called for the creation of separate charters for each of the six reservations
Tribal Delegates
¢ Each Community/ District was allowed to select 2 delegates
¢
Tribal delegates from each Reservation would then elect 2 members from each
Reservation to sit on the TEC
* were over
Originally there approximately 32 reservation precincts ( 65 elected officials)
Governing body was TEC
* 1936 MCT Constitution embodied the concept of a “Tribe” covering several reservations
* Idea was approved by tribal delegates but they still didn’t want the principal powers
of the Tribe channeled through a centralized government
¢ ‘We understand from the representatives who met with the tribal delegates that the tribe
does not wish to give the tribal organization power to control the local reservation or
community organizations and wishes to leave these local organizations free to operate in
an
independent way.”
*
Memo from Indian Agency Personnel Zimmerman to Burns
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1936 MCT Constitution (continued)
* Submitted for ratification to the MCT on June 20, 1936
¢ 1,528 votes for
¢ 544 votes against
* Approved by Secretary of Interior on July 24, 1936
* BIA had a strong influence in drafting the initial constitution
*
Provided little localized autonomy
¢ In order to ensure localized control, the Indian Agency called for the passage of Local
Charters of Organization
¢ Supposed to be tailored to each specific reservation, but ended up being nearly
identical
* Opposition to the form of government incorporated in the 1936 MCT Constitution was
significant
¢
Some argued that Munnell and Edwards drafted the Constitution for the benefit of the
Indian Office to ensure easier administration
* Some stated that the local Indians did not understand the governance structure when
they voted on accepting the IRA
* By 1945, 3 reservations wanted to leave the central government due to a lack of local
control
Revised Constitution (1963)
Revised Constitution and Bylaws of the Minnesota Chippewa Tribe was enacted in 1963 and
approved by the Secretary of the Interior on March 3, 1964
Removed local charters
Created Reservation Business Committee structure
¢
Allowed for greater local control
Implemented %4 degree blood quantum
Changed term from 1 to 4 years
Revised MCT Constitution
Preamble
Article I — Organization and Purpose
* Conserve and develop tribal resources, promote general welfare, preserve and maintain
justice
Article II - Membership
¢ 1941 roll; children of 1941 roll born from 1941 to 1961; and % bloods born to a member
Article III] - Governing Body
¢ TEC for larger issues; RBC for local issues
Article IV — Tribal Elections
Article V — TEC Authorities
Article VI — RBC Authorities
Article VII — Duration
*
Perpetual duration
Article VIII — Majority vote
¢
Atall elections under constitution, the majority of eligible voter cast shall rule, unless
otherwise provided by an Act of Congress
Article [IX — Bonding
¢
Required bonding of officials for the faithful performance of duties
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Revised MCT Constitution (continued)
¢
—
Article X Vacancies and Removal
*
Vacancies filled on TEC by Indians from Reservation which vacancy occurs, in interim,
RBC can select temporary TEC member until an election can occur, requires 2/3 vote of
RBC for removal
*
—
Article XI Ratification
¢ Not operative until ratified by a majority vote of adult members of the MCT, provided
that 30 percent of those entitled to vote shall vote
*
-
Article XII Amendment
¢
Can be amended by majority vote of adult members, provided that at least 30 percent of
those entitled to vote shall vote
¢
—
Article XIII Rights of Members
*
Members accorded equal rights, equal protection, and equal opportunity to participate in
economic resources and activities of tribe, no member denied any constitutional rights or
guarantees enjoyed by other citizens of the United States
¢
—
Article XIV Referendum
¢
Submit any enacted or proposed resolution or ordinance to a referendum vote of all TEC
members upon receipt of a petition signed by 20 percent of resident voters, or by
affirmative vote of eight (8) members of the TEC
¢
—
Article XV Manner of Review
*
Review by Secretary of Interior is required
*
Bylaws
¢
Article I— Duties of TEC Officers
e
Describes duties of President, Vice-President, Secretary, Treasurer
«
Article II—- TEC Meetings
¢
—
Article III Installation of Members
e
Oath of office
¢
—
Article TV Amendments
e Same manner as constitution
¢
Article V— Miscellaneous
e Fiscal year starts July 1, books audited yearly
*
Article VI— RBC Bylaws
e
RBCs shall by ordinance adopt bylaws
Constitutional Amendments
¢
Amendment I
¢
Approved by Secretary of Interior on November 6, 1972
e Stated all members of the Tribe, over 18 years of age shall have the right to vote at all
elections held within the reservation of their enrollment
*
Amendment II
¢
on
Approved by Secretary of the Interior November 6, 1972
e Stated candidates must reach 21 years of age before the election
¢
Amendment III
¢
Approved by Secretary of Interior on January 5, 2006
e Candidates must reside on the reservation of his/her enrollment for one year before
the date of election
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Constitutional Amendments (continued)
Amendment IV
¢ Approved by Secretary of the Interior on January 5, 2006
e Election disqualification for felony or conviction of a lesser crime involving theft,
misappropriation, or embezzlement
Powers & Duties of the TEC
a)
To employ legal counsel for the protection and advancement of the rights of the MCT;
b)
To prevent any sale, disposition, lease or encumbrance of tribal lands, interests in lands, or
other assets including mineral, gas or oil;
To advise with the Secretary of the Interior w/ regard to all appropriation estimates or
c)
Federal projects;
To administer any funds within the control of the Tribe; to make expenditures from tribal
d)
funds in accordance with a budget
To consult, negotiate, contract, and conclude agreements on behalf of the MCT with Federal,
e)
State, and local governments or private persons or organizations;
f)
Except for the powers granted to the RBCs, the TEC shall be authorized to manage, lease,
permit, or otherwise deal w/ tribal lands, interests in lands or other tribal assets; to engage in
any business; to borrow money to loan the money thus borrowed to Business Committees of
the Reservation...
Levy licenses or fees on non-members or non-tribal organizations doing business on two or
g)
more Reservations;
To recognize any community organizations, associations or committees open to members of
h)
the several Reservations and to approve such organizations, subject to the provision that no
such organizations, associations, or committees may assume any authority granted to the
TEC or the RBC;
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.
Powers & Duties of the RBC
To advise the Secretary of the Interior with regard to all appropriation estimates on Federal
a)
projects for the benefit of its Reservation;
To administer any funds within the control of the Reservation; to make expenditures in
b)
accordance with a budget;
To consult, negotiate and contract and conclude agreements with Federal, State and local
c)
governments or private persons or organizations; manage, lease, permit or otherwise deal
with tribal lands, when authorized to do so by the TEC; engage in business; to borrow money
or to loan the money;
Powers & Duties of the RBC (continued)
d)
Levy licenses or fees on non-members or non-tribal organizations doing business solely
within their respective Reservations;
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Interpretations
¢ - can
No. 1-80 only TEC interpret the Constitution
* No. 2-80 - allowed the creation of a court system on the Band and Tribal levels
-
* No. 3-81 related to eligibility for education funds (largely outdated today)
¢ -
No. 4-81 reaffirmed No. 1-80
-
* No. 5-84 rescinded in 1996
-
* No 6-84 related to records
-
* No. 7-86 local RBC decision for what determines the 20% of resident eligible voters
*
-
No. 8-94 related to delegations of authority
° No. 9-95 - rescinded in 1996
¢ No. 10-96 - made clear that the BIA had no authority to ignore the MCT Constitution
¢
-
No. 11-09 rescinded
*
-
No. 12-09 affirmed the Enrollment Ordinance language that only the blood of the biological
parent could be counted
* - a is a
No. 13-09 whether conviction for attempt disqualifying factor
*
-
No. 14-2011 4/5" requirement for removal
¢ No. 15-2011 - majority vote necessary for recall election
Day-To-Day Operation
¢ Day-to-day operations are largely a matter of RBC control
¢ is in:
MCT currently involved
¢
Administration
Education
Finance
Human Services
Administration
¢
Executive Direction
¢
Tribal Operations
¢
Enrollment
¢
Elections
*
Accounting and Liquor Licensing
¢
Human Services
Education
¢
Scholarship Information
¢
Johnson O’Malley Compliance
¢
Curriculum Development
Finance Corporation
¢
Home Loans
*
Business Loans
¢
Homes for Sale
Human Services
¢
Senior Services
¢
Investment, Employment, and Welfare
*
Food Stamp Nutrition Education
355