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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 I, Section 3 of said Constitution sets forth "the purpose
and function of this organization shall be to conserve and develop
Tribal resources and to 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 13,
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 needs and purposes set forth in the Preamble to the Tribe's
Constitution and in Article I, 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, 985. 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


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Act of 1968, 25 U.S.C. § 1301-1342.
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, 90 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.
Barrett ghicdlenn,
Darrell Wadena, President
THE MINNESOTA CHIPPEWA TRIBE
\b (
ATTEST: ¢ see
LN wal’
Daniel Morrison, Sr., Secretary
THE MINNESOTA CHIPPEWA TRIBE