CROW TRIBE OF INDIANS

CONSTITUTION

AND BYLAWS

OF THE

CROW TRIBE OF INDIANS

CROW INDIAN RESERVATION, CROW AGENCY, MONTANA

PREAMBLE

We, the adult members of the Crow Tribe of Indians located on the Crow Indian Reservation as

established by the Fort Laramie Treaties of 1851 and 1868, in an effort to enforce and exercise

our treaty rights, our inherent sovereign rights, to secure certain privileges and retain inherent

powers do hereby adopt this Constitution to create a governing body to represent the members of

the Crow Tribe of Indians, to promote the general welfare of the Crow Tribe and to provide for

the lawful operation of government.

ARTICLE I - GOVERNING BODY

The traditional name of the government of the Crow Tribe of Indians of the Crow Indian

Reservation shall be the Apsaalooke Nation Tribal General Council hereinafter known formally

as the Crow Tribal General Council. The Crow Tribal General Council as governing body of the

Crow Tribe of Indians hereby establishes three branches of government, the Executive,

Legislative and Judicial Branches, which shall exercise a separation of powers. The Crow Tribal

General Council shall consist of all adult enrolled members of the Crow Tribe of Indians

eighteen (18) years of age or older who are entitled to vote. Descendant members of the Crow

Tribe shall not be included in the Crow Tribal General Council of the Crow Tribe. The Crow

Tribal General Council shall meet biannually for the purpose of receiving information from the

Executive and Legislative Branches. The Crow Tribal General Council shall vote, by secret

ballot, on all petitions forwarded by the Executive or Legislative Branches for removal of a

Tribal Official or an Executive Branch member or to vote on a referendum or initiative in

accordance with Article IX of this Constitution.

Any rights or powers heretofore vested in the Crow Tribe of Indians but not expressly referred to

in this Constitution shall not be lost by reason of their omission from this Constitution but may

be exercised by the Crow Tribal General Council through the adoption of appropriate

amendments to this Constitution.

Crow Tribal Constitution - Page

1

Approved by Council: July 14, 2001

Effective Date:

July 1 4, 2001

Secretarial Signature:

12/04/2001

ABTTCLF, TT - T FRRIT QRY—

The jurisdiction of the Crow Tribal General Council shall extend to all lands within the exterior

boundaries of the Crow Indian Reservation including those lands within the original boundaries

of the Crow Indian Reservation as determined by federal statutes and case law and to such other

lands as may hereafter be acquired by or for the Crow Tribe of Indians.

ARTICLE III - MEMBERSHIP

Membership Criteria The Crow Tribal General Council shall have the inherent

authority to determine membership of the Crow Tribe of Indians. Membership shall be

Section 1.

.

determined as follows:

who possess one-quarter (1/4) Crow Indian blood or more; or

(a)

all persons

(b)

all those persons

who are enrolled as Crow Indians on the date of passage of this

Constitution; or

(c)

Crow Indians referred to above with the enrollment status

and benefits of such descendants determined by the Crow Tribal Enrollment

all descendants of such

Ordinance.

Section 2. Dual Membership Prohibited

.

No person who is or becomes a member of another

tribe, band or group of Indians shall be eligible for enrollment in the

Crow Tribe of Indians

unless he/she shall first relinquish in writing all rights to membership in such other tribe, band or

group of Indians.

The Crow Tribal General Council shall have the power to

adopt ordinances, consistent with this Constitution, governing future membership andrioss of

Section 3. Enrollment Ordinance

.

membership of members of the Crow Tribe of Indians.

ARTICLE IV - EXECUTIVE BRANCH OF GOVERNMENT

Executive Officers The Crow Tribal General Council shall elect from its

membership by secret ballot an Executive Branch of Government which shall consist of a

Chairperson, Vice-Chairperson, Secretary and Vice-Secretary. Each Executive Officer shall be

elected by the qualified voters in an election held in accordance with an Election Ordinance duly

Section 1

.

.

adopted by the Crow Tribe. The Executive Branch of the Crow Tribe shall operate as a separate

and distinct branch of the Crow Tribal Government and shall exercise a separation of powers

from the other branches of the Crow Tribal Government. Members of the Executive Branch

shall serve a four (4) year term or until their successors are duly elected and installed. No person

may serve as Tribal Chairman, Vice-Chairman, Secretary or Vice-Secretary for more than two

Branch positions after

(2) four (4) year terms. A person may not serve in other Executive

serve two (2) four (4)

may

serving two (2) four (4) year terms as Tribal Chairman. A person

year terms in the positions of Vice-Secretary, Secretary and Vice-Chairman and still serve in the

Crew/ Tribal Constitution - Page 2

J).ther.£xecutive Branch positions of a higher leveLfbc-np.tQ-.two (2) terms.

A person may not

serve in lowerlevelpositions after completing terms in a higher level position.

The Executive Branch Officials shall serve the

Tribe on a salaried, full-time basis with salaries commensurate with services and hours provided.

Section 2. Executive Officer Compensation

.

Tribal Officials shall also be entitled to compensation for travel and expenses. Further, all

Executive Branch Officials will receive no additional or personal benefits for their service to the

Tribe.

Enumerated Powers The Executive Branch shall exercise the following powers and

responsibilities herein provided, subject to any limitations imposed upon such powers by the

statutes and laws of the United States:

Section 3.

(a)

.

represent the Crow Tribe of Indians in negotiation with Federal, State and local

governments and other agencies, corporations, associations, or individuals in

matters of welfare, education, recreation, social services and economic

development affecting the Crow Tribe of Indians;

(b)

administer and oversee all functions of the Executive Branch of the Crow Tribal

Government including the hiring, firing, and staffing of all agencies, departments,

and instrumentalities of the Executive Branch in accordance with established

written policy;

(c)

(d)

engage in any business that will further the economic well-being of the members

of the Tribe and undertake any economic development activity which does not

conflict with the provisions of the Constitution;

administer any funds within the control of the Tribe and make expenditures from

available funds for tribal purposes, including salaries and expenses of Tribal

Officials or employees and prepare an annual budget for the operation of the

Tribal Government, including separate budgets for the Legislative and Judicial

Branches, for approval by the Legislative Branch of the government and the

Secretary of the Interior;

(e)

(f)

employ legal counsel for the protection and advancement of the rights of the

Crow Tribe and its members;

negotiate and approve or prevent any sale, disposition, lease or encumbrance of

Tribal lands, interests in lands or other Tribal assets, including buffalo, minerals,

gas and oil with final approval granted by the Legislative Branch;

(g)

enforce all laws, ordinances, resolutions, regulations or guidelines passed by the

Legislative Branch providing for the levying of taxes and licensing of members

and non-members for various purposes;

Crow Tribal Constitution - Page 3

•

vr

Uffniduitir

.

_ (h).

exclude from.the..restricte(Llands of the Crow-Tribe.. of Indians persons. not-legally

entitled to reside therein, under ordinances which shall be adopted by the

Legislative Branch;

(i)

purchase, under condemnation proceedings in courts of competent jurisdiction,

land or other property needed for public purposes, under ordinances which shall

be adopted by the Legislative Branch;

0)

protect and preserve the property, wildlife, and natural resources including air and

water of the Tribe in accordance with ordinances adopted by the Legislative

Branch; and

(k)

negotiate and approve limited waivers of sovereign immunity when such a waiver

is necessary for business purposes in accordance with Article V, Section 2(f) of

this Constitution.

Section 4, General Duties

(a)

.

The general duties of the Executive Branch Officials shall be:

to implement all laws, resolutions, codes and policies duly adopted by the

Legislative Branch;

(b)

to provide for the fiscal management of the Executive Branch and prepare

complete financial reports for the Crow Legislative Branch on a quarterly basis

and biannual reports for the Crow Tribal General Council. The Executive Branch

shall set the financial budget for the Legislative and Judicial Branches.

Section 5

.

Chairman’s Duties and Authorities

.

The specific duties and authorities of the

Chairman shall be:

(a)

to appoint Cabinet members including a Comptroller who shall be bonded, Chief

Executive Officer and other such Cabinet positions adopted by Tribal Ordinance,

Resolution or Policy who shall all serve in subordinate positions to the Tribal

Officials;

(b)

(c)

QcSOVUTlOtJ

to appoint committee members to Executive Branch committees;

to delegate, at his prerogative, his authority, in writing, to the Vice-Chairman

when the Chairman is unavailable due to illness or death in the family. The

Tribal Chairman may also, at his prerogative, delegate his authority to the ViceChairman in writing from time to time for specific purposes or projects and for

specific periods of time. An automatic delegation of authority from the Chairman

to the Vice-Chairman shall occur if the Chairman is unavailable or absent for a

period of five working days.

Crow Tribal Constitution - Page 4

.

Section 6. Secretary’s Duties ... The^pecific.dutigsjand.authQrities of the_ Secretary of the

———

Executive Branch shall be:

(a)

to keep records of all actions of the Executive Branch, insure proper reports in

accordance with this Constitution are forwarded to the Crow Tribal General

Council; and

(b)

to delegate, at his prerogative, his authority, in writing, to the Vice-Secretary

when the Secretary is unavailable due to illness or death in the family. The

Secretary may also, at his prerogative, delegate his authority to the Vice-Secretary

in writing from time to time for specific purposes or projects and for specific

An automatic delegation of authority from the Secretary to the

periods of time.

Vice-Secretary shall occur if the Secretary is unavailable or absent for a period of

five working days.

ARTICLE V - LEGISLATIVE BRANCH OF GOVERNMENT

Membership The Crow Tribal General Council shall elect three members from each

of the established districts within the Crow Reservation known as Valley of the Giveaway or

Big Horn, Black Lodge, Valley of the Chiefs or Lodge Grass, Arrow Creek or Pryor, Center

Lodge or Reno, and Mighty Few or Wyola, to serve as legislators comprising the Legislative

Branch of the Crow Tribal government. The election of members of the Legislative Branch of

government shall be by secret ballot voting in each of the Crow Reservation Districts. The duly

elected members of the Legislative Branch shall be officially seated thirty (30) days after

election. The Legislative Branch of the Crow Tribe shall operate as a separate and distinct

branch of the Crow Tribal Government and shall exercise a separation of powers from the other

branches of the Crow Tribal Government. The initial election of the Legislative members shall

be held within sixty (60) days of approval of this Constitution. Thereafter, the members of the

Section 1.

.

Legislative Branch shall be elected by qualified voters in an election held in accordanfce with an

Election Ordinance duly adopted pursuant to Article VI, Section 5 of this Constitution. One (1)

representative from each district will serve an initial term of two (2) years and two (2)

representatives shall serve initial four (4) year terms. After completion of the initial terms,

election for members of the Legislative Branch shall occur after four (4) years from the

commencement of each initial term, resulting in staggered terms for the Legislative Branch

members.

Section 2. Powers and Duties

(a)

.

The powers and duties of the Legislative Branch shall be:

to promulgate and adopt laws, resolutions, ordinances, codes, regulations, and

guidelines in accordance with this Constitution and federal laws for the

governance of the Crow Tribe of Indians and for providing for the manner of the

or other

sale, disposition, lease or encumbrance of tribal lands, interests in land,

taxes,

of

levying

assets of the Crow Tribe of Indians; for providing for the

of

licensing of members and non-members for various purposes; for the exclusion

persons not legally entitled to reside or remain within the exterior boundaries of

Crow Tribal Constitution - Page 5

_

(b)

the Crow Indian Reservation;

--

.....

to adopt legislation, not inconsistent with

this Constitution, which is necessary in

exercising the duties conferred upon the three branches

(c)

'

-

of government;

of the Crow Tnbe for the

development, housing, education or other purposes not

to adopt legislation chartering instrumentalities

purposes of economic

inconsistent with this Constitution;

(d)

to grant final approval or disapproval of items

negotiated by the Executive Branch

of Government pertinent to the sale, disposition, lease

or encumbrance of Tribal

that a process for such

lands, interests in lands or mineral assets provided

approval or disapproval may be established, by legislation,

(e)

to grant final approval or disapproval of an

annual budget prepared by the

Executive Branch of Government; and

(f)

limited waivers of sovereign immunity

Government when waivers are necessary for business

to grant final approval or disapproval of

by the Executive Branch of

purposes provided that a process for such approval or

disapproval may be

established by legislation.

shall meet

The Legislative Branch of the Crow Tribal Government

and October at the Crow Tnba

quarterly during the second week of January, April, July

compensated on an hourly rate basis for

Administration Offices. The Legislative Branch shall be

with Tribal policy. The meetings of t e

their services and entitled to expenses in accordance

the most current version of the

Legislative Branch shall be conducted in accordance with

quorum for

conduct duly adopted by the Legislature. A

Section 3. Meetings

.

_

Robert’s Rules of Order and any rules of

plus the Speaker of the House. 'Legislators

the Legislative Branch shall be twelve (12) members

Vice-Chairman of the Executive

not vote by proxy. Upon a tie vote of the legislators, the

may

Branch shall vote to break the tie.

Section 4. Speaker of the House

.

At the initial session of the Legislature, the

select a Speaker of the House to serve until the following

members shall

January. Thereafter elections for

shall be entitled to vote.

of the House

Speaker of the House shall be each January. The Speaker

Legislative Branch. Upon the

The Speaker of the House shall conduct all sessions of the

may select a Speaker of the House pro

unavailability or absence of the Speaker, the members

only.

tern for the one session, or a portion of the session,

of the Legislature the members

Section 5. Secretary of the Legislature At the initial session

Therea er

until the following- January.

shall select a Secretary of the Legislature to serve

e ecre ary o

each January.

elections for Secretary of the Legislature shall be

times ,

meeting time

Legislature shall provide notices of

shall be entitled to vote. The Secretary of the

roles

Legislative Branch in accordance with

dates and location to all other members of the

keep

shall

Legislature

The Secretary of the

established and adopted by the Legislative Branch.

.

;

Crow Tribal Constitution - Page 6

—

minutes.QfLalLmeedngs .and official records. of the Legislative Branch v -The-Secretary of the

Legislature shall prepare all proposed legislation for distribution to all members of the

:

Legislative Branch.

Section 6. Proposed Legislation

.

Each member of the Legislature shall bring any proposed

legislation to the legislative body for consideration at the initial session of the Crow

thirty

Legislature. Thereafter, Members of the Legislature shall hold a District meeting at least

Tribal

The District Representative

(30) days prior to the commencement of each legislative session.

meeting and in

shall provide notice of district meetings at least ten (10) days prior to the

with policy established by the Legislature. At least fifteen (15) days prior to the

accordance

commencement of the legislative session, each member may submit proposed legislation, with a

of

petition bearing signatures, addresses and enrollment numbers of at least ten percent (10%)

District, to the

the District’s eligible voters, as recorded in the voter registration roles of each

Secretary of the Legislature.

The Secretary of the Legislature shall provide notice to all

members of the Legislature, ten (10) days prior to the commencement of the session, with a list

of

of proposed legislation for consideration by the Legislature as duly submitted by the members

the Legislature.

Executive

Section 7. Executive Branch Chairman’s Proposed Legislation The Chairman of the

Branch shall submit proposed legislation to the Secretary of the Legislature at least fifteen (15)

.

days prior to the commencement of the Legislature.

be

Section 8. Approval and Veto of Legislation All legislation passed by the Legislature must

a

has

Chairman

The

approved by the Chairman of the Executive Branch to become effective.

proposed legislation

right to veto any legislation passed by the Legislature. Upon a veto of any

.

by the Chairman, the Legislature has the power to override the veto if the proposed legislation is

approved by two-thirds (2/3) of the members of the Legislature. Upon an override of the

Chairman’s veto, the Chairman may submit the subject legislation to the Crow Tribal General

Council for a referendum vote in accordance with Article DC, Section 1 of this Constitution.

Section 9. Conflict of Interest

.

Any member of the Legislature who stands to gain a personal

the vote on

benefit from any proposed legislation shall remove himself from all discussion and

to a

the legislation. Upon a member’s recusal from consideration of proposed legislation due

conflict of interest, the member shall not be counted for purposes of establishing

a quorum.

ARTICLE VI - ELECTIONS

Section 1. Executive Branch Elections

.

The current Tribal Officials, constituting the Executive

Branch of the Crow Tribal Government, in office at the time of approval of this Constitution by

office until their

the Secretary of the Interior or his authorized representative, shall remain in

Thereafter,

2004.

December,

successors are duly elected in November, 2004 and seated in

elections for all Executive Branch positions shall be held every four (4) years in

the month of

November with inauguration into office in December.

Section 2. Legislative Branch Elections

Crow Tribal Constitution - Page 7

.

The Crow Tribal General Council shall hold an election

of members of .the Legislative B ranchj-Gthin-sixty (60) days of approval of this Constitution-by

-

-

the'Secretaryofinterior or his authorized representative. The initial election of the Legislative

Branch shall occur after eligible candidates file a written notice of candidacy with a $250.00

filing fee with the Secretary of the Executive Branch within thirty (30) days of approval of this

Constitution and after proper notice is posted in each Crow Reservation District.

The election of

members of the Legislative Branch of government shall be by secret ballot voting in each of the

Crow Reservation Districts. The duly elected members of the Legislative Branch shall be

officially seated thirty (30) days after election. Thereafter, all elections for members of the

Legislative Branch of the Crow Tribal Government shall be in accordance with a duly adopted

election ordinance.

Section 3. Eligible Voters

.

Crow Tribal General Council members who are eighteen (18) years

of age or older at the time of election shall be entitled to vote in any election of the Executive

Branch, Legislative Branch, committee elections and referendum votes. Descendant members of

the Crow Tribe shall not be entitled to vote.

Section 4. Candidate Requirements

.

All candidates for all branches of the Crow Tribal

Government must physically reside within the exterior boundaries of the Crow Reservation for at

least one year and must be thirty (30) years of age for any Executive Branch position and

twenty-five (25) years of age for any Legislative Branch position. Candidates must further

possess a high school diploma or a General Equivalency Diploma, unless over 55 years of age

and all candidates shall have no felony convictions. Candidates for the Legislative Branch

cannot be employed by the Executive Branch and members of the Legislature are prohibited

from employment by the Crow Tribe. No person elected into any position in any branch of the

Crow Tribal Government may be employed by the United States Government Bureau of Indian

Affairs, Indian Health Service or other federal agencies.

Section 5. Election Ordinance

.

The Legislative Branch of the Crow Tribal Government shall

adopt a comprehensive election ordinance within six (6) months following the effective date of

this Constitution.

Such ordinance shall prescribe procedures for the conduct of elections,

nominations, secret balloting, and resolving election disputes. Provisions shall also be included

regarding the conduct of recall and referendum elections. Elections to amend this Constitution

shall be conducted in accordance with Article XII of this Constitution.

ARTICLE VII - VACANCIES

Section 1. Executive Branch

.

If an officer of the Executive Branch of the Crow Tribal

Government shall die, resign, be removed or recalled, or be convicted of a felony while in office,

the Chairman of the Executive Branch, or his official designee, shall immediately declare the

office vacant and direct the Secretary of the Executive Branch, or his official designee, to hold

an election within sixty (60) days of the declaration of vacancy to elect a successor to fill the

The election shall occur in accordance with the duly adopted election

ordinance. If the position of Chairman shall become vacant, 'the Vice-Chairman shall act as

Chairman until the election of a new Chairman. If the position of Secretary shall become vacant,

the Vice-Secretary shall act as Secretary until the election of a new Secretary.

unexpired term.

Crow Tribal Constitution - Pane 3

-

Section-2. Legislative Branch ..If an officer of the-Legislative-B ranch of the-Crow Tribal

Government shall die, resign, be removed or recalled, or be convicted of a felony while in office,

the Speaker of the House of the Legislative Branch, or his official designee, shall immediately

declare the office vacant and direct the Secretary of the Executive Branch, or his official

designee, to hold an election in the appropriate district within sixty (60) days of the declaration

of vacancy to elect a successor to fill the unexpired term. The election shall occur in accordance

with the duly adopted election ordinance.

ARTICLE VIII - REMOVAL AND RECALL

Section 1

.

Executive Branch

.

An Executive Branch Official may submit a petition to expel any

other member of the Executive Branch who is suspected of improper conduct or of gross neglect

of duty as specifically defined by the Crow Tribal General Council, by its Legislative Branch, in

adopted policy. Such policy shall include the following:

(a)

(b)

(c)

(d)

(e)

indictment or charged with a felony crime;

serious illness which interferes with the ability to fulfill Council responsibilities;

misuse of tribal funds;

abuse of authority; and

abuse of drugs and/or alcohol.

The petition may not be submitted to the Crow Tribal General Council without the unanimous

the

vote of the remaining officials not named in the petition. The properly submitted petition by

Executive Branch, with a complete statement of the charges against him/her, shall be provided to

before the

the subject Official at least ten (10) days before a scheduled hearing on the petition

Crow Tribal General Council. The hearing before the Crow Tribal General Council on the

removal petition shall be conducted by the Chairman of the Executive Branch or his designee.

The hearing shall allow the Official named in the petition full opportunity to address allegations

Upon the

against him/her. Following the hearing, the Crow Tribal General Council shall vote

two-thirds

(2/3) majority

removal petition by secret ballot. The removal petition must pass by a

percent (25 %) of

vote. A removal petition election shall not be valid unless at least twenty-five

the Crow Tribal General Council vote in the removal petition election.

Tribal General Council shall be final.

The decision of the Crow

No member of the Executive Branch shall preside over the

meeting at which his removal is being considered.

Section 2. Legislative Branch

.

A Legislative Branch Official may submit a petition to expel any

other member of the Legislative Branch who is suspected of improper conduct or of gross

Legislative

neglect of duty as specifically defined by the Crow Tribal General Council, by its

Branch, in adopted policy. Such policy shall include the following:

(a)

(b)

(c)

(d)

(e)

indictment or charged with a felony crime;

serious illness which interferes with ability to fulfill Council responsibilities;

misuse of Tribal funds;

abuse of Authority; and

abuse of Drugs and/or Alcohol.

Crow Tribal Constitution - Page 9

The petition may not be submitted to the Crow Tribal General Council without a two-thirds (2/3)

majority vote of the remaining legislators not named in the petition. The properly submitted

petition by the Legislative Branch, with a complete statement of the charges shall be provided to

the subject Legislator at least ten (10) days before a scheduled hearing on the petition before the

Tribal General Council. The hearing before the Crow Tribal General Council on the

Crow

removal petition shall be conducted by the Chairman of the Executive Branch or his designee.

The hearing shall allow the Legislative Member named in the Petition full opportunity to address

allegations against him/her. Following the hearing, the Crow Tribal General Council shall vote

upon the removal petition by secret ballot. The removal petition must pass by a two-thirds (2/3)

majority vote.

A removal petition election shall not be valid unless at least twenty-five percent

decision of

(25%) of the Crow Tribal General Council vote in the removal petition election. The

the Crow Tribal General Council shall be final.

Upon receipt of a petition signed by at least twenty-five percent (25%) of the

Crow Tribal General Council demanding a recall of any member of the Executive or Legislative

Section 3. Recall

Branches of government, it shall be the duty of the Secretary of the Executive Branch to call a

within

special election at a Crow Tribal General Council meeting on the question of the recall

recall

the

to

subject

person

The

petition.

thirty (30) days from the date of the filing of a valid

General

Tribal

days notice of the petition prior to the Crow

petition shall be provided ten

(10)

Council meeting called to vote upon the recall petition. At the Crow Tribal General Council

meeting, the officer or member subject to the recall petition shall be given an opportunity to

answer any or all charges prior to the vote of the petition. The recall petition must pass by a

twentytwo-thirds (2/3) majority vote. A recall petition election shall not be valid unless at least

vote in

five percent (25%) of the total number of members of the Crow Tribal General Council

tribal

by

prescribed

manner

the

the recall petition election. The election shall be held in

ordinance.

ARTICLE IX - REFERENDUM AND INITIATIVE

The Tribal Secretary of the Executive Branch shall, upon receipt of a

submit any

petition signed by not less than twenty-five percent (25%) of the qualified voters,

Council. The

General

enacted or proposed tribal legislation to a referendum of the Crow Tribal

Section 1. Referendum

.

that has

Tribal Secretary also shall submit any legislation vetoed by the Chairman of the Tribe

only

Council

General

Tribal

been overridden by the Legislature to a referendum of the Crow

in

voting

upon the Chairman’s request. The decision of a two-thirds (2/3) majority of the voters

/o) of the

the referendum shall be final and binding, provided that at least twenty-five percent (25

such election. The

of receipt of a

shall call the referendum within thirty (30) days from the date

total number of members of the Crow Tribal General Council have voted in

Tribal Secretary

valid petition.

The vote shall be by secret ballot.

Members of the Crow Tribal General Council reserve the power to independently

Secretary of the

propose tribal legislation. Any proposed initiative measure shall be presented to the

Section 2. Initiative

.

/o) of the

Executive Branch accompanied by a petition signed by not less than twenty-five percent (25

the

petition,

oi such a

total number of members of the Crow Tribal General Council. Upon receipt

Crow Tribal Constitution - Page 10

1

Secretary^ f-the-Executive B ranch shall call a special electioaibr-ths-purpose-ef-allowing the Crow

Tribal General Council to vote on the initiative measure. The election shall be held within thirty (30)

days from the date of receipt of a valid petition. The decision of a two-thirds (2/3) majority of the voters

voting in the initiative shall be final and binding, provided that at least twenty-five percent (25%) of the

total number of members of the Crow Tribal General Council have voted in such election.

-

ARTICLE X - JUDICIAL BRANCH OF GOVERNMENT

A Judicial Branch of the Crow Tribal Government shall consist of all courts established by the Crow

Law and Order Code and in accordance with this Constitution. The Judicial Branch shall have

jurisdiction over all matters defined in the Crow Law and Order Code. The Judicial Branch shall be a

separate and distinct branch of government from the Legislative and Executive Branches of Crow Tribal

Government. The election process for the Judicial Branch judges shall be in accordance with the Crow

Law and Order Code. Qualifications for the Judicial Branch Judges shall be established in the Crow

Law and Order Code. The Judicial Branch shall have no power to review Executive Branch decisions

made within the scope of the enumerated powers of the Executive Branch. The Judicial Branch shall

have a limited review of legislation passed by the Legislative Branch to determine whether the subject

legislation is consistent with or in conflict with this Constitution.

ARTICLE XI - BILL OF RIGHTS

The rights to freedom of worship, conscience, speech, press, assembly and association of

members of the Crow Tribe of Indians shall not be abridged or hindered without due process of law.

Section 1.

This Constitution shall not in any way alter, abridge, or otherwise jeopardize the rights and

privileges of the members of the Crow Tribe of Indians as citizens of the United States.

Section 2

.

Section 3

.

The individual property rights of any member of the Crow Tribe of Indians shall not be

altered, abridged or otherwise affected except as specifically provided in this Constitution.

Section 4

.

In accordance with Title II of the Indian Civil Rights Act of 1968 (82 Stat. 77), the Crow

Tribe of Indians in exercising its powers of self-government shall not:

(a)

make or enforce any law prohibiting the full exercise of religion, or abridging the

freedom of speech, or of the press, or the right of the people peaceably to assemble and to

petition for a redress of grievances;

(b)

violate the right of the people to be secure in their persons, houses, papers and

effects

against unreasonable search and seizure, nor issue warrants, but upon probable cause,

and

supported by oath or affirmation, and particularly describing the place to be searched

the person or thing to be seized;

(c)

subject any person for the same offense to be twice put in jeopardy;

(d)

compel any person in any criminal case to be a witness against him/herself;

Crow Tribal Constitution - Page

1

*"

(e)

’

(f)

(g)

take any private property for a public use without just compensation;

deny to any person in a criminal proceeding the right to a speedy trial, to be informed of

the nature and cause of the accusation, to be confronted with the witnesses against him,

to have compulsory process for obtaining witnesses in his favor, and, to have the

assistance of counsel for his defense at his/her own expense;

require excessive bail, impose excessive fines, inflict cruel and unusual punishments, and

punishment greater

in no event impose for conviction of any one offense any penalty or

than imprisonment for a term of one (1) year or a fine of $1000 or both;

(h)

deny to any person within its jurisdiction the equal protection of its law or deprive any

person of liberty or property without due process of laws;

(i)

pass any bill of attainder or ex post facto law;

(j)

deny to any person accused of an offense punishable by imprisonment the right, upon

request, to a trial by jury of not less than six (6) persons.

ARTICLE XII - AMENDMENTS

Council

This Constitution may be amended by a two-thirds (2/3) vote of the Crow Tribal General

called

provided that at least thirty percent (30%) of the Crow Tribal General Council vote in an election

Constitution

this

to

for the purpose of amending the Constitution. The process to propose amendments

the requirements of this

shall be defined by the Legislative Branch in legislation which complies with

by the Secretary of

approved

Constitution. No amendment shall become effective until

Article of the

the Interior or his duly authorized representative.

«

ARTICLE XIII - ADOPTION

Tribal General

This Constitution, when adopted by a majority vote of the qualified voters of the Crow

the Interior

Council voting at an election called for that purpose shall be submitted to the Secretary of

for his approval, and shall be effective from the date of his approval.

ARTICLE XIV - SEVERABILITY

If any provision of this Constitution shall in the future be declared invalid by a

Court of

competent jurisdiction, the invalid portion shall be severed and the remaining provisions shall

continue in full force and effect.

Crow Tribal Constitution - Page 12

ARTICLE XV- APPROVAL

I,

Secretary of the Interior, or designee, do hereby approve this Constitution of the Crow Tribe

of Indians in accordance with Article

XV of this Constitution. It is effective as of

July 14, 2001, provided, that nothing in this approval shall he construed as authorizing any

action under this document that would be contrary to federal law.

Washington, D.C.

DEC 0 4 2001

Date:

Crow TtSb4 Caadfru irr •

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