ACT OF UNION BETWEEN THE EASTERN AND WESTERN CHEROKEES
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ACT OF UNION BETWEEN THE EASTERN AND WESTERN CHEROKEES
Whereas our Fathers have existed, as a separate and distinct Nation, in the possession and exercise
of the essential and appropriate attributes of sovereignty, from a period extending into antiquity,
beyond the records and memory of man: AND WHEREAS these attributes, with the rights and
franchises which they involve, remain still in full force and virtue, as do also the national and
social relations of the Cherokee people to each other and to the body politic, excepting in those
particulars which have grown out of the provisions of the treaties of 1817 and 1819 between the
United States and the Cherokee nation, under which a portion of our people removed to this
country and became a separate community: But the force of circumstances having recently
compelled the body of the Eastern Cherokees to remove to this country, thus bringing together
again the two branches of the ancient Cherokee family, it has become essential to the general
welfare that a union should be formed, and a system of government matured, adapted to their
present condition, and providing equally for the protection of each individual in the enjoyment of
all his rights:
Therefore we, the people composing the Eastern and Western Cherokee Nation, in National
Convention assembled, by virtue of our original and inalienable rights, do hereby solemnly and
mutually agree to form ourselves into one body politic, under the style and title of the Cherokee
Nation.
In view of the union now formed, and for the purpose of making satisfactory adjustments of all
unsettled business which may have arisen before the consummation of this union, we agree that
such business shall be settled according to the provisions of the respective laws under which it
originated, and the courts of the Cherokee nation shall be governed in their decisions accordingly.
Also, that the delegation authorized by the Eastern Cherokees to make arrangements with Major
General Scott for their removal to this country shall continue in charge of that business, with their
present powers, until it shall be finally closed. And also that all rights and title to public Cherokee
lands on the east or west of the river Mississippi, with all other public interests which may have
vested in either branch of the Cherokee family, whether inherited from our Fathers or derived from
any other source, shall henceforward vest entire and unimpaired in the Cherokee Nation, as
constituted by this union.
Given under our hands, at Illinois Camp-ground, this 12th day of July, 1839.
By order of the National Convention:
GEORGE LOWREY,
President of the Eastern Cherokees.
GEORGE GUESS, his x mark,
President of the Western Cherokees.
EASTERN CHEROKEES
R. TAYLOR, V.P.,
JAMES BROWN, V.P.,
WESTERN CHEROKEES
TOBACCO WILL, V.P.,
DAVID MELTON, V.P.,
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TE–KE–CHU–LASKEE, V.P.,
GEORGE HICKS,
JOHN BENGE,
THOMAS FOREMAN,
ARCHIBALD CAMPBELL,
JESSE BUSHYHEAD,
LEWIS ROSS,
EDWARD GUNTER,
TE NAH–LA WESTAH,
STEPHEN FOREMAN,
DANIEL McCOY.
JOHN DREW, V.P.,
GEORGE BREWER,
THOMAS CANDY,
MOSES PARRIS,
JAMES CAMPBELL,
LOONEY RILEY,
CHARLES GOARD,
LEWIS MELTON,
YOUNG WOLF,
CHARLES COODEY,
AH–STO–LA–TA,
JACK SPEARS,
LOONEY PRICE.
By order of the National Convention:
JNO. ROSS,
Principal Chief Eastern Cherokees.
GOING SNAKE,
Speaker of Council.
By order of the Nat'l Convention:
August 23, 1839.
JOHN LOONEY, his x mark,
Acting Principal Chief Western Cherokees.
The foregoing instrument was read, considered, and approved by us this 23d day of August, 1839:
Aaron Price, Major Pullum, Young Elders, Deer-track, Young Puppy, Turtle Fields, July, The
Eagle, The Crying Buffalo, and a great number of respectable old settlers and late emigrants, too
numerous to be copied.
CONSTITUTION OF THE CHEROKEE NATION 1839
Constitution of 1839
The Eastern and Western Cherokees having again reunited, and become one body politic, under the
style and title of the Cherokee nation; Therefore,
We, the people of the Cherokee nation, in National Convention assembled, in order to establish
justice, insure tranquility, promote the common welfare, and to secure to ourselves and our
posterity the blessings of freedom—acknowledging, with humility and gratitude, the goodness of
the Sovereign Ruler of the Universe in permitting us so to do, and imploring His aid and guidance
in its accomplishment—do ordain and establish this Constitution for the government of the
Cherokee Nation.
ARTICLE I.
Sec. 1. The boundary of the Cherokee Nation shall be that described in the treaty of 1833 between
the United States and Western Cherokees subject to such extension as may be made in the
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adjustment of the unfinished business with the United States.
Sec. 2. The lands of the Cherokee nation shall remain common property; but the improvements
made thereon, and in the possession of the citizens of the Nation, are the exclusive and indefeasible
property of the citizens respectively who made, or may rightfully be in possession of them:
Provided, That the citizens of the Nation possessing exclusive and indefeasible right to their
improvements, as expressed in this article, shall possess no right or power to dispose of their
improvements, in any manner whatever, to the United States, individual States, or to individual
citizens thereof; and that, whenever any citizen shall remove with his effects out of the limits of
this Nation, and become a citizen of any other Government, all his rights and privileges as a citizen
of this Nation shall cease: Provided, nevertheless, That the National Council shall have power to
re-admit, by law, to all the rights of citizenship, any such person or persons who may, at any time,
desire to return to the Nation, on memorializing the National Council for such readmission.
Moreover, the National Council shall have power to adopt such laws and regulations as its wisdom
may deem expedient and proper to prevent citizens from monopolizing improvements with the
view of speculation.
ARTICLE II.
Sec. 1. The power of this Government shall be divided into three distinct departments—the
Legislative, the Executive, and the Judicial.
Sec. 2. No person or persons belonging to one of these departments shall exercise any of the
powers properly belonging to either of the others, except in the cases hereinafter expressly directed
or permitted.
ARTICLE III.
Sec. 1. The Legislative power shall be vested in two distinct branches—a National Committee, and
Council; and the style of their acts shall be—Be it enacted by the National Council.
Sec. 2. The National Council shall make provision, by law, for laying off the Cherokee Nation into
eight districts; and if subsequently it should be deemed expedient, one or two may be added
thereto.
Sec. 3. The National Committee shall consist of two members from each district, and the Council
shall consist of three members from each district, to be chosen by the qualified electors in their
respective districts for two years; the elections to be held in the respective districts every two years,
at such times and places as may be directed by law.
The National Council shall, after the present year, be held annually, to be convened on the first
Monday in October, at such place as may be designated by the National Council, or, in case of
emergency, by the Principal Chief.
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Sec. 4. Before the districts shall be laid off, any election which may take place shall be by general
vote of the electors throughout the Nation for all officers to be elected.
The first election for all the officers of the Government—Chiefs, Executive Council, members of
the National Council, Judges, and Sheriffs—shall be held at Tah-le-quah before the rising of this
Convention; and the term of service of all officers elected previous to the first Monday in October,
1839, shall be extended to embrace, in addition to the regular constitutional term, the time
intervening from their election to the first Monday in October, 1839.
Sec. 5. No person shall be eligible to a seat in the National Council but a free Cherokee male
citizen who shall have attained to the age of twenty-five years.
The descendants of Cherokee men by all free women except the African race, whose parents may
have been living together as man and wife, according to the customs and laws of this nation, as
well as the posterity of Cherokee women by all free men. No person who is of negro or mulatto
parentage, either by the father or mother's side, shall be eligible to hold any office of profit, honor,
or trust under this Government.
Sec. 6. The electors and members of the National Council shall in all cases, except those of
treason, felony, or breach of the peace, be privileged from arrest during their attendance at
elections, and at the national Council, in going to and returning.
Sec. 7. In all elections by the people, the electors shall vote viva voce.
All free male citizens who shall have attained to the age of eighteen years shall be equally entitled
to vote at all public elections.
Sec. 8. Each branch of the National Council shall judge of the qualifications and returns of its own
members; and determine the rules of its proceedings; punish a member for disorderly behavior,
and, with the concurrence of two thirds, expel a member; but not a second time for the same
offence.
Sec. 9. Each branch of the National Council, when assembled, shall choose its own officers; a
majority of each shall constitute a quorum to do business, but a smaller number may adjourn from
day to day and compel the attendance of absent members in such manner and under such penalty as
each branch may prescribe.
Sec. 10. The members of the National Council, shall each receive from the public Treasury a
compensation for their services which shall be three dollars per day during their attendance at the
national Council; and the members of the Council shall each receive three dollars per day for their
services during their attendance at the National Council, provided that the same may be increased
or diminished by law, but no alteration shall take effect during the period of service of the
members of the National Council by whom such alteration may have been made.
Sec. 11. The National Council shall regulate by law by whom and in what manner, writs of
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election shall be issued to fill the vacancies which may happen in either branch thereof.
Sec. 12. Each member of the National Council, before he takes his seat, shall take the following
oath, or affirmation: I, A. B. do solemnly swear (or affirm, as the case may be,) that I have not
obtained my election by bribery, threats, or any undue and unlawful means used by myself or
others by my desire or approbation for that purpose; that I consider myself constitutionally
qualified as a member of ____, and that on all questions and measures which may come before me
I will so give my vote and so conduct myself as in my judgment shall appear most conducive to the
interest and prosperity of this Nation, and that I will bear true faith and allegiance to the same, and
to the utmost of my ability and power observe, conform to, support and defend the Constitution
thereof.
Sec. 13. No person who may be convicted of felony shall be eligible to any office or appointment
of honor, profit or trust within this Nation.
Sec. 14. The National Council shall have power to make all laws and regulations which they shall
deem necessary and proper for the good of the Nation, which shall not be contrary to this
Constitution.
Sec. 15. It shall be the duty of the National Council to pass such laws as may be necessary and
proper to decide differences by arbitration, to be appointed by the parties, who may choose that
summary mode of adjustment.
Sec. 16. No power of suspending the laws of this Nation shall be exercised, unless by the National
Council or its authority.
Sec. 17. No retrospective law, nor any law impairing the obligation of contracts, shall be passed.
Sec. 18. The National Council shall have power to make laws for laying and collecting taxes, for
the purpose of raising a revenue.
Sec. 19. All bills making appropriations shall originate in the National Committee, but the Council
may propose amendments or reject the same; all other bills may originate in either branch, subject
to the concurrence or rejection of the other.
Sec. 20. All acknowledged treaties shall be the supreme law of the land, and the National Council
shall have the sole power of deciding on the construction of all treaty stipulations.
Sec. 21. The Council shall have the sole power of impeaching. All impeachments shall be tried by
the National Committee. When sitting for that purpose the member shall be upon oath or
affirmation; and no person shall be convicted without the concurrence of two-thirds of the
members present.
Sec. 22. The Principal Chief, assistant Principal Chief, and all civil officers shall be liable to
impeachment for misdemeanor in office; but judgment in such cases shall not extend further than
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removal from office and disqualification to hold any office of honor, trust, or profit under the
Government of this Nation.
The party whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial,
judgment, and punishment according to law.
ARTICLE IV.
Sec. 1. The Supreme Executive Power of this Nation shall be vested in a Principal Chief, who shall
be styled the Principal Chief of the Cherokee Nation.
The Principal Chief shall hold his office for the term of four years; and shall be elected by the
qualified electors on the same day and at the places where they shall respectively vote for members
to the national Council. The returns of the election for Principal Chief shall be sealed up and
directed to the president of the national Committee, who shall open and publish them in the
presence of the national Council assembled. The person having the highest number of votes shall
be Principal Chief; but if two or more shall be equal and highest in votes, one of them shall be
chosen by joint vote of both branches of the Council. The manner of determining contested
elections shall be directed by law.
Sec. 2. No person except a natural born citizen shall be eligible to the office of principal Chief;
neither shall any person be eligible to that office who shall not have attained to the age of
thirty-five years.
Sec. 3. There shall also be chosen at the same time by the qualified electors in the same manner for
four years an assistant Principal Chief, who shall have attained to the age of thirty-five years.
Sec. 4. In case of the removal of the Principal Chief from office, or of his death or resignation, or
inability to discharge the powers and duties of the said office, the same shall devolve on the
assistant Principal Chief until the disability be removed or the vacancy filled by the National
Council.
Sec. 5. The National Council may by law provide for the case of removal, death, resignation, or
disability of both the Principal and assistant Principal Chief, declaring what officer shall then act as
Principal Chief until the disability be removed or a Principal Chief shall be elected.
Sec. 6. The Principal Chief and assistant Principal Chief shall, at stated times, receive for their
services a compensation which shall neither be increased nor diminished during the period for
which they shall have been elected; and they shall not receive within that period any other
emolument from the Cherokee Nation or any other Government.
Sec. 7. Before the Principal Chief enters on the execution of his office, he shall take the following
oath or affirmation: "I do solemnly swear, or affirm, that I will faithfully execute the duties of
Principal Chief of the Cherokee Nation, and will, to the best of my ability, preserve, protect, and
defend, the Constitution of the Cherokee Nation."
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Sec. 8. He may, on extraordinary occasions, convene the National Council at the seat of
Government.
Sec. 9. He shall, from time to time, give to the National Council information of the state of the
Government, and recommend to their consideration such measures as he may deem expedient.
Sec. 10. He shall take care that the laws by faithfully executed.
Sec. 11. It shall be his duty to visit the different districts at least once in two years, to inform
himself of the general condition of the country.
Sec. 12. The assistant Principal Chief shall, by virtue of his office, aid and advise the Principal
Chief in the administration of the government, at all times during his continuance in office.
Sec. 13. Vacancies that may occur in offices, the appointment of which is vested in the National
Council shall be filled by the Principal Chief, during the recess of the National Council, by
granting commissions which shall expire at the end of the next session thereof.
Sec. 14. Every bill which shall pass both branches of the National Council shall, before it becomes
a law, be presented to the Principal Chief; if he approve, he shall sign it, but if not, he shall return
it, with his objections to that branch in which it may have originated, who shall enter the objections
at large on their journals, and proceed to reconsider it; if, after such reconsideration, two-thirds of
that branch shall agree to pass the bill, it shall be sent, together with the objections, to the other
branch, by which it shall likewise be reconsidered, and if approved by two-thirds of that branch, it
shall become a law. If any bill shall not be returned by the Principal Chief within five days
(Sundays excepted) after the same has been presented to him, it shall become a law, in like manner
as if he had signed it, unless the National Council, by their adjournment, prevent its return, in
which case it shall be a law, unless sent back within three days after their next meeting.
Sec. 15. Members of the National Council, and all officers, Executive and Judicial, shall be bound
by oath to support the Constitution of this Nation, and to perform the duties of their respective
offices with fidelity.
Sec. 16. In case of disagreement between the two branches of the National Council, with respect to
the time of adjournment, the Principal Chief shall have power to adjourn the same to such a time as
he may deem proper; provided, it be not to a period beyond the next constitutional meeting thereof.
Sec. 17. The Principal Chief shall, during the session of the National Council, attend at the seat of
Government.
Sec. 18. There shall be a council composed of five persons to be appointed by the National
Council, whom the Principal Chief shall have full power at his discretion to assemble; he, together
with the assistant Principal Chief, and the counsellors, or a majority of them, may, from time to
time, hold and keep a Council for ordering and directing the affairs of the Nation according to law;
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provided the National Council shall have power to reduce the number, if deemed expedient, after
the first term of service, to a number not less than three.
Sec. 19. The members of the Executive Council shall be chosen for the term of two years.
Sec. 20. The resolutions and advice of the Council shall be recorded in a register, and signed by the
members agreeing thereto, which may be called for by either branch of the National Council, and
any counsellor may enter his dissent to the majority.
Sec. 21. The Treasurer of the Cherokee Nation shall be chosen by a joint vote of both branches of
the National Council for the term of four years.
Sec. 22. The Treasurer shall, before entering on the duties of his office, give bond to the nation
with sureties to the satisfaction of the National Council, for the faithful discharge of his trust.
Sec. 23. No money shall be drawn from the Treasury but by warrant from the Principal Chief, and
in consequence of appropriations made by law.
Sec. 24. It shall be the duty of the Treasurer to receive all public moneys, and to make a regular
statement and account of the receipts and expenditures of all public moneys, at the annual session
of the National Council.
ARTICLE V.
Sec. 1. The Judicial powers shall be vested in a Supreme Court, and such Circuit and Inferior
courts as the National Council may, from time to time, ordain and establish.
Sec. 2. The Judges of the Supreme and Circuit courts shall hold their commissions for the term of
four years, but any of them may be removed from office on the address of two-thirds of each
branch of the National Council to the Principal Chief, for that purpose.
Sec. 3. The Judges of the Supreme and Circuit courts shall, at stated times, receive a compensation
which shall not be diminished during their continuance in office; but they shall receive no fees or
perquisites of office, nor hold any other office of profit or trust under the Government of this
Nation or any other Power.
Sec. 4. No person shall be appointed a Judge of any of the courts until he shall have attained to the
age of thirty years.
Sec. 5. The Judges of the Supreme and Circuit courts shall be elected by the National Council, and
there shall be appointed in each district as many justices of the peace as it may be deemed
expedient for the public good, whose powers, duties, and duration in office, shall be clearly
designated by law.
Sec. 6. The Judges of the Supreme Court and of the Circuit courts shall have complete criminal
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jurisdiction in such cases and in such manner as may be pointed out by law.
Sec. 7. No Judge shall sit on trial of any cause when the parties are connected by affinity or
consanguinity, except by consent of the parties.
In case all the Judges of the Supreme Court shall be interested in the issue of any cause, or related
to all or either of the parties, the National Council may provide by law for the selection of a
suitable number of persons of good character and knowledge for the determination thereof, and
who shall be specially commissioned for the adjudication of such case by the Principal Chief.
Sec. 9. All writs and other process shall run "in the name of the Cherokee Nation," and bear test,
and be signed by the respective clerks.
Sec. 10. The Supreme court shall, after the present year, hold its session annually at the seat of
Government, to be convened on the first Monday of October, in each year.
Sec. 11. In all criminal prosecutions, the accused shall have the right of being heard; of demanding
the nature and cause of the accusation; of meeting the witnesses face to face; of having compulsory
process for obtaining witnesses in his or their favor; and in prosecutions by indictment or
information, a speedy public trial, by an impartial jury of the vicinage; nor shall the accused be
compelled to give evidence against himself.
Sec. 12. The people shall be secure in their persons, houses, papers, and possessions from
unreasonable seizures and searches, and no warrant to search any place, or to seize any person or
things, shall issue without describing them as nearly as may be, nor without good cause supported
by oath or affirmation.
Sec. 13. All persons shall be bailable by sufficient securities, unless for capital offences, where the
proof is evident, or presumption great.
ARTICLE VI.
Sec. 1. No person who denies the being of a God, or a future state of reward and punishment, shall
hold any office in the civil department in this Nation.
Sec. 2. The free exercise of religious worship, and serving God without distinction shall, forever,
be enjoyed within the limits of this Nation: provided, that this liberty of conscience shall not be so
construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or
safety of this Nation.
Sec. 3. When the National Council shall determine the expediency of appointing delegates, or other
public agents, for the purpose of transacting business with the Government of the United States,
the Principal Chief shall recommend, and, by the advice and consent of the National Committee,
appoint and commission such delegates or public agents accordingly. On all matters of interest,
touching the rights of the citizens of this Nation, which may require the attention of the United
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States Government, the Principal Chief shall keep up a friendly correspondence with that
Government, through the medium of its proper officers.
Sec. 4. All commissions shall be "in the name, and by the authority of the Cherokee Nation;" and
be sealed with the seal of the nation, and signed by the Principal Chief. The Principal Chief shall
make use of his private seal until a National seal shall be provided.
Sec. 5. A Sheriff shall be elected in each district, by the qualified electors thereof, who shall hold
his office two years, unless sooner removed. Should a vacancy occur, subsequent to an election, it
shall be filled by the Principal Chief, as in other cases; and the person so appointed, shall continue
in office until the next regular election.
Sec. 6. No person shall for the same offence be twice put in jeopardy of life or limb; nor shall the
property of any person be taken and applied to public use without a just and fair compensation:
Provided, That nothing in this clause shall be so construed as to impair the right and power of the
National Council to lay and collect taxes.
Sec. 7. The right of trial by jury, shall remain inviolate; and every person, for injury sustained in
person, property, or reputation, shall have remedy by due course of law.
Sec. 8. The appointment of all officers, not otherwise directed by this Constitution, shall be vested
in the National Council.
Sec. 9. Religion, morality, and knowledge, being necessary to good government, the preservation
of liberty, and the happiness of mankind, schools, and the means of education, shall forever be
encouraged in this Nation.
Sec. 10. The National Council may propose such amendments to this Constitution, as two-thirds of
each branch may deem expedient; and the Principal Chief shall issue a proclamation, directing all
civil officers of the several districts to promulgate the same as extensively as possible within their
respective districts, at least six months previous to the next general election. And if, at the first
session of the National Council, after such general election two-thirds of each branch shall, by ayes
and noes, ratify such proposed amendments, they shall be valid to all intent and purposes, as parts
of this Constitution: Provided, That such proposed amendments shall be read on three several days
in each branch, as well when the same are proposed, as when they are ratified.
Done in Convention at Tah-le-quah, Cherokee Nation, this sixth day of September, 1839.
GEORGE LOWREY,
President of the National Convention.
Hair Conrad, his x mark,
John Benge, his x mark,
Thomas Candy
Young Wolf,
Joseph Martin Lynch,
George Brewer, his x mark,
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Archibald Campbell, his x mark
John Drew
George Guess, his x mark,
Walter Scott Adair
Young Elders, his x mark,
Will. Shorey Coodey
Thomas Foreman
Richard Taylor
Thomas Fox Taylor
O-kan-sto-tah Logan, his x mark,
James Spears, his x mark,
John Spears
Stephen Foreman
Sal-la-tee-skee Watts, his x mark,
Young Glass, his x mark,
Looney Price
Tobacco Will, his x mark,
Major Pullum, his x mark,
Moses Parris
George Washington Gunter
Kenah Logan, his x mark,
Joshua Buffington,
Jesse Bushyhead,
Jesse Russell,
John Fletcher Boot, his x mark,
Crying Buffalo, his x mark,
Bark Flute, his x mark,
Oo-la-yo-a, his mark,
Soft-shell Turtle, his x mark,
Edward Gunter,
Daniel Colston, his x mark,
Lewis Ross,
George Hicks,
Turtle Fields, his x mark,
Elijah Hicks,
Tah-lah-see-nee, his x mark,
James Brown,
Charles Coodey,
Riley Keys,
Daniel McCoy,
Lewis Melton,
CONSTITUTION OF THE CHEROKEE NATION OF OKLAHOMA 1975
PREAMBLE
We, the people of the Cherokee Nation, in order to preserve and enrich our tribal culture, achieve
and maintain a desirable measure of prosperity the blessings of freedom, acknowledging, with
humility and gratitude, the goodness of the Sovereign Ruler of the Universe in permitting us so to
do, and imploring his aid and guidance in its accomplishment—do ordain and establish this
Constitution for the government of the Cherokee Nation. The term "Nation" as used in this
Constitution is the same as "Tribe."
Article I. Federal Relationship
The Cherokee Nation is an inseparable part of the Federal Union. The Constitution of the United
States is the Supreme law of the land; therefore, the Cherokee Nation shall never enact any law
which is in conflict with any Federal law.
Article II. Bill of Rights
Section 1. The judicial process of the Cherokee Nation shall be open to every member of the
Cherokee Nation. Speedy and certain remedy shall be afforded under the terms of this Constitution
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for every wrong and injury to person, property or reputation wherein said remedy does not conflict
with the laws of the United States. The Council shall prescribe the procedures pertinent thereto.
The appropriate protections guaranteed by the Indian Civil Rights Act of 1968 shall apply to all
members of the Cherokee Nation.
Article III. Membership
Section 1. All members of the Cherokee Nation must be citizens as proven by reference to the
Dawes Commission Rolls, including the Delaware Cherokees of Article II of the Delaware
Agreement dated the 8th day of May, 1867, and the Shawnee Cherokees as of Article III of the
Shawnee Agreement dated the 9th day of June, 1869, and/or their descendants.
Section 2. There shall be established a Cherokee Register, to be kept by the Registrar, for the
inclusion of any Cherokee for membership purposes in the Cherokee Nation who presents the
necessary evidence of eligibility for registration.
(a) A Registration Committee shall be established. It shall be the duty of the Registration
Committee to consider the qualifications and to determine the eligibility of those applying to have
their names entered in the Cherokee Register. The Registration Committee shall consist of a
Registrar and two (2) assistants. All members shall be appointed by the Principal Chief, and
confirmed by the Council.
(b) There shall be a number assigned to every name which is approved and entered into the
Cherokee Register. This number shall be preceded by the three words, "Cherokee Registry
Number".
(c) The decisions of the Registration Committee shall be subject to review by the Tribunal created
by Article VII.
Section 3. Registration as used in this article refers to the process of enrolling as a member of the
Cherokee Nation and is not the same as the registration for voting purposes.
Article IV. Distribution of Powers
The powers of the government of the Cherokee Nation shall be divided into three (3) separate
departments: Legislative, Executive and Judicial; and except as provided in this Constitution, the
Legislative, Executive and Judicial departments of government shall be separate and distinct and
neither shall exercise the powers properly belonging to either of the others.
Article V. Legislative
Section 1. The legislature shall consist of one legislative body to be called the Council of the
Cherokee Nation. The initial election of members to the Council pursuant to this Constitution shall
occur within 120 days from the date of its ratification on a day to be announced by the Principal
Chief.
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Section 2. The Council shall establish its rules for its credentials, decorum, and procedure.
Section 3. The Council shall consist of fifteen (15) members, who are members by blood of the
Cherokee Nation of Oklahoma. Each Council member shall be elected in the general election for a
term of four (4) years and until his successor is duly elected and installed.
The Council shall establish representative districts which shall be within the historical boundaries
of the Cherokee Nation of Oklahoma. These districts shall be apportioned to afford a reasonably
equal division of tribal membership among the districts.
Section 4. There shall be at least one regular session of the Council in the calendar year which
shall convene on the second Monday in each January or at such other date as the Council shall
determine. No business shall be conducted by the Council unless at least two-thirds (2/3) of
members thereof regularly elected and qualified shall be in attendance, which number shall
constitute a quorum. The session may not exceed a maximum of thirty (30) calendar days for pay
purposes.
Section 5. Special meetings of the Council may be called: (A) by the Principal Chief, (B) by the
Deputy Principal Chief when he has the full powers of the Principal Chief as elsewhere defined,
(C) upon written request of fifty-one percent (51%) of the members of the Council, or (D) upon the
written request of ten percent (10%) of the registered voters of the Cherokee Nation. The purposes
of said meeting shall be stated in a notice published not less that ten (10) days prior to the meeting,
and the Council may not consider any other subject not within such purposes. No special meetings
may convene until thirty (30) days have elapsed after the adjournment of a prior session or
meeting, unless called pursuant to (A) and (B) above.
Section 6. All meetings of the Council and of its committees shall be open to the public except:
(A) When the discussion shall concern employment, retention or discharge of personnel; (B) When
the question of the moral turpitude of any member of the Tribe is discussed; or (C) When the
decorum of the audience shall prejudice orderly administration of business. In the event that
consideration of a subject shall take place in Executive Session, the vote shall take place in an open
meeting.
Section 7. The Council shall have the power to establish laws which it shall deem necessary and
proper for the good of the Nation, which shall not be contrary to the provisions of this Constitution.
Laws or enactments which are required by Federal statutes to be approved shall be transmitted
immediately upon enactment as provided by Section 11 of this Article to the President of the
United States or his authorized representative.
The style of all bills shall be: "Be It Enacted By The Cherokee Nation". The style of all resolutions
shall be "Be It Resolved By The Cherokee Nation".
Section 8. No laws passed by the Council shall have retroactive effect or operation.
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Section 9. The Council shall have the power of removal and said removal must be conducted in
accordance with Article XI of this Constitution. Nothing herein is intended to abrogate or limit the
authority of the President of the United States or any person or agency to which the President or
Congress of the United States shall delegate authority therefore, to remove the Principal Chief or
his subordinates.
Section 10. Members of the Council and all Executive Officers shall be bound by oath, provided in
Article XIII, to support the Constitution of the Cherokee Nation, the Constitution of the United
States of America, do everything within the individual's power to promote the culture, heritage and
traditions of the Cherokee Nation and to perform the duties of their respective offices with fidelity.
Section 11. Every enactment which shall have been approved by a majority of the members in
attendance at the Council shall, before it becomes effective be presented to the Principal Chief, if
he approves, he shall sign it; if not, he shall return it with his objections to the Council, which shall
enter the objections in the Journal and proceed to reconsider it. If, after such reconsideration,
two-thirds (2/3) of the entire council shall agree to pass the enactment, it shall become fully
effective and operational notwithstanding the objections of veto of the principal chief. In all such
cases, the vote of the Council shall be determined by yeas and nays, and the names of the members
voting shall be entered on the Council's Journal. If any enactment shall not be returned by the
Principal Chief within five (5) days (Sundays and holidays excepted) after it shall have been
presented to him, the same shall be law in like manner as if he had signed it, unless the Council
shall, by its adjournment, prevent its return, in which case, it shall become a law without the
approval of the Principal Chief. No enactment shall become law after the final adjournment of the
Council, unless approved by the Principal Chief within fifteen (15) days after such adjournment.
Article VI. Executive
Section 1. The executive power shall be vested in a Principal Chief, who shall be styled "The
Principal Chief of the Cherokee Nation". The Principal Chief shall hold his office for the term of
four (4) years; and shall be elected by the qualified voters on the same day and in the same manner,
except as otherwise provided by this Constitution, as they shall respectively vote for members of
the Council for that particular year, provided, the Principal Chief in office when this Constitution is
ratified shall continue in office until his successor is duly elected in the 1979 election and installed.
The returns of the election for the Principal Chief shall be sealed and directed by the lawfully
appointed election officials to the Secretary-Treasurer, who shall, immediately after the
organization of the Council, and before proceeding to other business, open and publish the same in
the presence of a majority of the Council. The person having the highest number of votes shall be
the Principal Chief; but if two (2) or more shall be equal and highest in votes, one of them shall be
chosen by a vote of the Council. The manner of determining contested elections shall be as
directed by Cherokee law.
Section 2. The Principal Chief of the Cherokee Nation shall be a citizen of the Cherokee Nation of
Oklahoma in accordance with Article III. He shall have been born within boundaries of the United
States of America, its territories or possessions; and he shall have obtained the age of thirty (30)
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years at the time of his election and be a member by blood of the Cherokee Nation of Oklahoma.
Section 3. The qualified electors shall elect a Deputy Principal Chief, who shall possess the same
qualifications as the Principal Chief, for a term of four (4) years at the same time and in the same
manner as herein provided for the election of the Principal Chief, provided, that the initial election
of the Deputy Principal Chief shall take place in conjunction with the first Council election
pursuant to this Constitution and in accordance with Section 1 of this Article.
Section 4. In case of the absence of the Principal Chief from office due to his death, resignation,
removal or inability to discharge the powers and duties of the said office, the same shall devolve
upon the Deputy Principal Chief for the remaining portion of the four (4) year term to which the
Principal Chief has been elected. In case of disability, such powers shall continue during the term
of such disability. Vacancies in the office of the Deputy Principal Chief shall be filled by the
Council.
Section 5. The Council may, in the case of removal, death, resignation or disability of both the
Principal Chief and the Deputy Principal Chief, provide by law what officer shall then act as
Principal Chief until the disability be removed or a successor shall be elected.
Section 6. The Principal Chief and Deputy Principal Chief shall, at stated times, receive for their
service a compensation not inconsistent with Article X.
Section 7. Before the Principal Chief assumes his office, he shall take the oath or affirmation as
provided for in Article XIII.
Section 8. The Principal Chief may on extraordinary occasions convene the Council at the seat of
government pursuant to Article V, Section 5, and such notice and other laws as may be prescribed
by the Council. The purpose of said meetings must be stated and the Council may consider only
such matters as are specified in the call of the extraordinary meetings. Before the extraordinary
meetings may be legally sufficient to conduct business, a quorum of the Council must be present.
Section 9. At every session of the Council, and immediately upon its organization, the Principal
Chief shall communicate by message, delivered to the Council upon the condition of the Cherokee
Nation; and shall recommend such matters to the Council as he shall judge expedient.
Section 10. The Principal Chief shall cause the laws of the Cherokee Nation to be faithfully
executed, and shall conduct in person and in such manner as shall be prescribed by law, all
communications and business of the Cherokee Nation. The Principal Chief may cause to be formed
and operated, trusts, the beneficiary of which shall be the Cherokee Nation and these trusts shall be
granted such powers as provided by law for public trusts. Authorization for these trusts, however,
must be approved by a majority vote of the Council.
Section 11. The Deputy Principal Chief shall, by virtue of his office, aid and advise the Principal
Chief in the administration of the government and shall be President of the Council but shall vote
only for the purpose of breaking a tie vote.
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Section 12. Nothing in this Constitution shall be construed as preventing the Principal Chief from
appointing such administrative assistants as he deems proper.
Article VII. Judicial
There is hereby created a Judicial Appeals Tribunal composed of three (3) members all of whom
must be admitted to practice law before the highest Court of the State of which they are residents,
and all of whom shall be members of the Cherokee Nation, appointed by the Principal Chief and
approved by the Council for such terms as the Council may provide. The purpose of this Tribunal
shall be to hear and resolve any disagreements arising under any provisions of this Constitution or
any enactment of the Council. The Council shall provide for a procedure which shall insure that
any litigant receives due process of law together with prompt and speedy relief, and shall generally
follow that portion of the Oklahoma Statutes known as the Administrative Procedures Act, Title 75
Oklahoma Statutes § 301 et seq. The decision of the Judicial Appeal Tribunal shall be final insofar
as the judicial process of the Cherokee Nation is concerned.
Article VIII. Cabinet
There shall be a cabinet composed of the following persons who shall be members of the Cherokee
Nation:
Secretary–Treasurer
Secretary of Health, Education and Welfare
Secretary of Commerce and Industrial Development
General Counsel
Secretary of Communications
These persons shall be appointed by the Principal Chief and approved by the Council. The Council,
on recommendation of the Chief only, may create additional cabinet positions and departments.
The Chief shall prescribe the duties and responsibilities of cabinet members. Cabinet members
shall be authorized to appoint such staff and other assistants as they deem necessary. The Council
may, with recommendation of the Principal Chief, abolish any established cabinet position or
function or revise the title or responsibilities of any foregoing department or function.
Article IX. Election
Section 1. The Council shall enact an appropriate law not inconsistent with the provisions of this
Constitution that will govern the conduct of all elections, provided that the initial election of the
Council and Deputy Principal Chief shall be conducted pursuant to rules and regulations
promulgated by the Principal Chief and the provision set forth in Articles V and VI of this
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Constitution, notwithstanding, the Principal Chief or Council may adopt rules requiring a majority
vote for any elective office.
Section 2. Any member by blood of the Cherokee Nation at least twenty-five (25) years of age on
that date of the election may be a candidate for the Council. No person who shall have been
convicted of or has pled guilty or has pled no defense to a felony charge under the laws of United
States of America, or of any State, Territory, or Possession thereof, shall be eligible to hold any
office or appointment of honor, profit or trust within this Nation unless such person has received a
pardon. Any person who holds any office of honor, profit or trust in any other tribe of Indians,
either elective or appointive shall be ineligible to hold simultaneously any office of honor, profit or
trust of the Cherokee Nation unless approved by the Council.
Section 3. All elections shall be determined by secret balloting.
Article X. Fiscal
Section 1. The fiscal year shall commence on the first day of July in each year, unless otherwise
provided by law.
Section 2. The Council shall provide by law for annual expenditure of funds, and the source from
which funds are to be derived to defray the estimated expenses of the Executive, Council, Cabinet
and Departments of Government of the Cherokee Nation for each fiscal year. The budget shall not
exceed estimated revenues.
Section 3. At least thirty (30) days prior to the convening of each regular session of the Council,
the Secretary–Treasurer shall make and present to the Council an itemized estimate of revenue to
be received by the Cherokee Nation, together with a statement of the sources from which revenues
are to be received, under the laws, grants, judgments, interests, and any other sources in effect at
the time such estimate is made for the next ensuing fiscal year. The Secretary–Treasurer shall
prepare annual financial statements reflecting the results of operations of all tribal activities and
shall prepare a consolidated balance sheet in conformity with generally accepted accounting
principles within sixty (60) days after the end of the fiscal year.
Section 4. The Council shall require that the records be maintained of all funds, monies, accounts
and indebtedness and all other accounts bearing upon the fiscal interests of the Cherokee Nation by
the use of a uniform system of accounting which records and financial statements shall be audited
by a Certified Public Accountant or as otherwise may be prescribed by the Council prior to the
submission of said accounts to the Council.
Section 5. The Secretary–Treasurer shall be authorized to accept all grants, donations of money,
interest of funds of the Cherokee Nation, judgments and any and all other sources of monies
available to the Cherokee Nation, for uses and purposes and upon the conditions and limitations for
which the same are granted or donated; and the faith of the Cherokee Nation is hereby pledged to
preserve such grants and donations as a sacred trust, and to keep the same for the use and purposes
for which they were granted or donated.
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Section 6. The Council shall have the authority to invest funds or money of the Cherokee Nation
and the preference to be given to the security for such investments, the manner of selecting the
securities, prescribing the rules, regulations, restrictions and conditions upon which the funds shall
be loaned or invested, provided that no investment shall be in mortgages other than first mortgages
only, and do all things necessary for the safety of the funds and permanence of the investments. If
required by law, such investments would be subject to the approval of the Secretary of the Interior.
Section 7. The credit of the Cherokee Nation shall not be given, pledged, or loaned to any
individual, firm, company, corporation, or association without the approval of the Council. The
Cherokee Nation shall not make any donations by gift, or otherwise, to any individual, firm,
company, corporation, or association without the approval of the Council.
Section 8. All laws authorizing the expenditures of money by and on behalf of the Cherokee
Nation shall specify the purpose for which the money is to be used, and the money so designated
shall be used for no other purpose. Annual expenditures shall not exceed the available funds.
Section 9. General laws shall be enacted by the Council providing for the deposit of funds of the
Cherokee Nation, and the depository thereof, and such funds shall be under the control of the
Secretary–Treasurer, under such terms and conditions as shall be designated by said Council and
under such laws which shall provide for the protection of said funds.
Section 10. No official, member or officer of the Council, Cabinet Member, employee of any
official, Council, Cabinet, or subdivisions thereof, or any person employed in any capacity by the
Cherokee Nation shall receive from any individual, partnership, corporation, or entity doing
business with the Cherokee Nation directly or indirectly, any interest, profit, benefits or gratuity,
other than wages, salary, per diem, or expenses, specifically provided by law.
Section 11. All officers, elected or appointed, who are authorized by this Constitution or any
subsequent legislation to a position of trust over any land, property, accounts or monies, shall
execute an official surety bond in the amount as may be required by the Council, and such surety
bonds shall inure to the benefit of and be paid for by the Cherokee Nation for whose protection or
surety the same shall be required and in no event shall said surety bond be other than by a Licensed
Insurance Company, authorized to do business in the State of Oklahoma.
Article XI. Removal From Office
Section 1. The Principal Chief and the Deputy Principal Chief shall be subject to removal from
office for willful neglect of duty, corruption in office, habitual drunkenness, incompetency or any
conviction involving moral turpitude committed while in office.
Section 2. All other elective officers shall be subject to removal from office in such manner and for
such causes as may be provided by laws passed by the Council.
Section 3. The Council shall pass such laws as are necessary for carrying into effect the provisions
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of this Article, insuring therein that due process is afforded the accused.
Article XII. Employee Rights
No employee, who having served in a position at least one (1) year, shall be removed from the
employment of the Cherokee Nation except for cause. The employee shall be afforded a hearing by
the Judicial Appeals Tribunal under such rules and procedures as may be prescribed by the
Council. These rules and procedures, however, must follow, as nearly as practicable, the provisions
of the Oklahoma Administrative Procedures Act, Title 75 Oklahoma Statutes § 301 et seq.
Article XIII. Oath
Section 1. All officers elected or appointed shall, before entering upon the duties of their respective
offices, take and subscribe to the following oath or affirmation:
"I do solemnly swear, or affirm, that I will faithfully execute the duties of ____ of the Cherokee
Nation, and will, to the best of my ability, preserve, protect and defend the Constitutions of the
Cherokee Nation, and the United States of America. I swear or affirm further, that I will do
everything within my power to promote the culture, heritage and traditions of the Cherokee
Nation."
Section 2. The foregoing oath shall be administered by any person authorized by the Council to
administer oaths. The oath shall be filed in the Office of the Secretary–Treasurer.
Article XIV.
Nothing in this Constitution shall be construed to prohibit the right of any Cherokee to belong to a
recognized clan or organization in the Cherokee Nation.
Article XV. Initiative, Referendum and Amendment
Section 1. Notwithstanding the provisions of Article V, the people of the Cherokee Nation reserve
to themselves the power to propose laws and amendments to this Constitution and to enact or reject
the same at the polls independent of the Council, and also reserve power at their own option to
approve or reject at the polls any act of the Council.
Section 2. Any amendment or amendments to this Constitution may be proposed by the Council,
and if the same shall be agreed to by a majority of all the members of the Council, such proposed
amendment or amendments shall, with the yeas and nays thereon, be entered into the Journal and
referred by the Secretary–Treasurer to the people for their approval or rejection, at the next regular
general election, except when the Council, by a two-thirds (2/3) vote, shall order a special election
for that purpose. If a majority of all the registered voters voting at such election shall vote in favor
of any amendment thereto, it shall thereby become a part of this Constitution.
Section 3. The first power reserved by the people of the Cherokee Nation is the initiative and ten
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percent of the registered voters shall have the right to propose any legislative measures by petition
and fifteen percent (15%) of the registered voters shall have the right to propose amendments to the
Constitution by petition, and every such petition shall include the full text of the measure so
proposed. The second power is the referendum, and it may be ordered (except as to laws necessary
for the immediate preservation of the public peace, health or safety), either by petition signed by
five percent of the registered voters or by the Council as other enactments are effectuated. The ratio
and percent of registered voters hereinbefore stated shall be based upon the total number of votes
cast at the last general election for the officer receiving the highest number of votes at such
election.
Section 4. Referendum petitions shall be filed with the Secretary–Treasurer not more than ninety
(90) days after the final adjournment of the session or meeting of the Council which passed the bill
on which the referendum is demanded. The veto power of the Principal Chief shall not extend to
measures voted on by the people. All elections on measures referred to the people of the Cherokee
Nation shall be had at the next regular general election except when the Council or the Principal
Chief shall order a special election for the express purpose of making such reference. Any measure
referred to the people by the initiative shall take effect and be in force when it shall have been
approved by a majority of the votes cast thereon and provided that no measure which is required to
be approved by the President of the United States or his authorized representative shall be effective
until approved.
Section 5. Petitions and orders for the initiative and for the referendum shall be filed with the
Secretary-Treasurer and addressed to the Principal Chief of the Cherokee Nation, who shall submit
the same to the people. The Council shall make suitable provisions for carrying into effect the
provisions of this Article.
Section 6. The referendum may be demanded by the people against one or more items, sections or
parts of any enactment of the Council in the same manner in which such power may be exercised
against a complete enactment. The filing of a referendum petition against one or more items,
sections or parts of an enactment shall not delay the remainder of such act from becoming
operative.
Section 7. If two or more amendments are proposed they shall be submitted in such manner that
electors may vote for or against them separately.
Section 8. No proposal for the amendment of this Constitution which is submitted to the voters
shall embrace more than one general subject and the voters shall vote separately for or against each
proposal submitted; provided, however, that in the submission of proposals for the amendment of
this Constitution by articles, which embrace a general subject, each proposed article shall be
deemed a single proposal or proposition.
Section 9. No convention shall be called by the Council to propose a new Constitution, unless the
law providing for such convention shall first be approved by the people on a referendum vote at a
regular or special election. Any amendments, alterations, revisions or new Constitution, proposed
by such convention, shall be submitted to the electors of the Cherokee Nation at a general or
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special election and be approved by a majority of the electors voting thereon before the same shall
become effective. The question of such proposed convention shall be submitted to the members of
the Cherokee Nation at least once in every twenty (20) years.
Section 10. No amendment or new Constitution shall become effective without the approval of the
President of the United States or his authorized representative.
Article XVI. Supersedes Old Constitution 1839
The provisions of this Constitution overrule and supersede the provisions of the Cherokee Nation
Constitution enacted the 6th day of September 1839.
Article XVII. Seat of Government
The Seat of Government of the Cherokee Nation shall be at Tahlequah, Oklahoma.
Article XVIII. Adoption
This Constitution shall become effective when approved by the President of the United States or
his authorized representative and when ratified by the qualified voters of the Cherokee Nation at a
election conducted pursuant to rules and regulations promulgated by the Principal Chief. It shall be
engrossed on parchment and signed by the Principal Chief and the Secretary of the Interior. It shall
be filed in the office of the Cherokee Nation and sacredly preserved as fundamental law of the
Cherokee Nation.
APPROVED FOR REFERENDUM BY THE COMMISSIONER MORRIS THOMPSON ON
SEPTEMBER 5, 1975 SECOND BY THE PRINCIPAL CHIEF OF THE CHEROKEE NATION,
ROSS O. SWIMMER ON OCTOBER 2, 1975
CONSTITUTION OF THE CHEROKEE NATION 1999
Preamble
We, the People of the Cherokee Nation, in order to preserve our sovereignty, enrich our culture,
achieve and maintain a desirable measure of prosperity and the blessings of freedom,
acknowledging with humility and gratitude the goodness, aid and guidance of the Sovereign Ruler
of the Universe in permitting us to do so, do ordain and establish this Constitution for the
government of the Cherokee Nation.
Article I. Federal Relationship
The Cherokee Nation reaffirms its sovereignty and mutually beneficial relationship with the United
States of America.
Article II. Territorial Jurisdiction
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The boundaries of the Cherokee Nation territory shall be those described by the patents of 1838
and 1846 diminished only by the Treaty of July 19, 1866, and the Act of March 3, 1893.
Article III. Bill of Rights
The People of the Cherokee Nation shall have and do affirm the following rights:
Section 1. The judicial process of the Cherokee Nation shall be open to every person and entity
within the jurisdiction of the Cherokee Nation. Speedy and certain remedy, and equal protection,
shall be afforded under the laws of the Cherokee Nation.
Section 2. In all criminal proceedings, the accused shall have the right to: counsel; confront all
adverse witnesses; have compulsory process for obtaining witnesses in favor of the accused; and,
to a speedy public trial by an impartial jury. The accused shall have the privilege against
self-incrimination; and the Cherokee Nation shall not twice try or punish an accused for the same
offense. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishment inflicted.
Section 3. The right of trial by jury shall remain inviolate, and the Cherokee Nation shall not
deprive any person of life, liberty or property without due process of law, nor shall private property
be taken for public use without just compensation.
Section 4. The Council shall make no law prohibiting the free exercise of religion or abridging the
freedom of speech, or the press, or the right of the People to peaceably assemble, or to petition the
Nation for a redress of grievances.
Article IV. Citizenship
Section 1. All citizens of the Cherokee Nation must be original enrollees or descendants of original
enrollees listed on the Dawes Commission Rolls, including the Delaware Cherokees of Article II of
the Delaware Agreement dated the 8th day of May, 1867, and the Shawnee Cherokees of Article
III of the Shawnee Agreement dated the 9th day of June, 1869, and/or their descendants.
Notwithstanding any provisions of the Cherokee Nation Constitution approved on October 2, 1975,
and the Cherokee Nation Constitution ratified by the people on July 26, 2003, upon passage of this
Amendment, thereafter citizenship of the Cherokee Nation shall be limited to those originally
enrolled on, or descendants of those enrolled on, the Final Rolls of the Cherokee Nation,
commonly referred to as the Dawes Rolls, for those listed as Cherokees by blood, Delaware
Cherokees pursuant to Article II of the Delaware Agreement dated the 8th day of May, 1867, and
the Shawnee Cherokees pursuant to Article III of the Shawnee Agreement dated the 9th day of
June, 1869.
The Cherokee Nation recognizes the basic rights retained by all distinct People and groups
affiliated with the Cherokee Nation, retained from time immemorial, to remain a separate and
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distinct People. Nothing in this Constitution shall be construed to prohibit the Cherokee–Shawnee
or Delaware–Cherokee from pursuing their inherent right to govern themselves, provided that it
does not diminish the boundaries or jurisdiction of the Cherokee Nation or conflict with Cherokee
law.
Section 2. There shall be established a Cherokee Register, to be kept by the Registrar, for the
inclusion of any Cherokee for citizenship purposes in the Cherokee Nation who presents the
necessary evidence of eligibility for registration. The Council may empower the Registrar to keep
and maintain other vital records.
(a) A Registration Committee shall be established. It shall be the duty of the Registration
Committee to consider the qualifications and to determine the eligibility of those applying to have
their names entered in the Cherokee Register. The Registration Committee shall consist of a
Registrar and two (2) assistants. All members shall be appointed by the Principal Chief and
confirmed by the Council.
(b) There shall be a number assigned to every name, which is approved and entered into the
Cherokee Register. This number shall be preceded by the three words, "Cherokee Registry
Number."
(c) The decisions of the Registration Committee shall be subject to de novo review by the lower
courts created by Article VIII.
Section 3. Registration as used in this Article refers to the process of enrolling as a citizen of the
Cherokee Nation and is not the same as registration for voting purposes.
Article V. Distribution of Powers
The powers of the government of the Cherokee Nation shall be divided into three (3) separate
branches: Legislative, Executive and Judicial; and except as provided in this Constitution, the
Legislative, Executive and Judicial branches of government shall be separate and distinct and no
branch shall exercise the powers properly belonging to either of the others.
Article VI. Legislative
Section 1. The legislature shall consist of one legislative body to be called the Council of the
Cherokee Nation.
Section 2. The Council shall establish rules for its credentials, decorum, and procedure, and shall
elect a Speaker and a Deputy Speaker from its own membership to officiate over Council
meetings. The Speaker may vote in all matters before the Council. The Speaker shall be third in
line of succession to serve as Acting Principal Chief in case of removal, death, resignation or
disability of both the Principal Chief and Deputy Principal Chief until the disability be removed or
a successor shall be elected.
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Section 3. The Council shall consist of seventeen (17) members, who are citizens by blood of the
Cherokee Nation. Any citizen by blood of the Cherokee Nation at least twenty-five (25) years of
age on that date of the election may be a candidate for the Council. Each Council member shall be
elected in the general election for a term of four (4) years and until his or her successor is duly
elected and installed. All Council members shall be limited to two (2) consecutive elected terms on
the Council. All Council members having served two consecutive terms must sit out one (1) term
before seeking any seat on the Council.
The Council shall establish representative districts which shall be within the boundaries of the
Cherokee Nation. Fifteen of these seats shall be apportioned to afford a reasonably equal division
of citizenship among the districts, and the remaining two shall be elected at-large by those
registered voters residing outside the boundaries of the Cherokee Nation voting at-large in
accordance with this section.
The Council members representing districts within the boundaries must be domiciled within their
district. The Council shall, within sixty (60) days of this Constitution taking effect, select the two
at-large Council members to serve until the next regularly scheduled election.
All registered voters residing outside the boundaries of the Cherokee Nation, may, at the time of
the first election to fill at-large Council seats, choose to continue to be registered to vote in the
district in which they were previously registered. In the absence of making that choice, they shall
be registered to vote at-large. Notwithstanding the above, citizens under the age of twenty-five (25)
who reside outside the boundaries and who have not previously registered to vote, may make a
single choice to register to vote in the district of their choice at the time of their first registration,
failing which their registration shall be to vote at-large. All citizens age twenty-five (25) or older
residing outside the boundaries not registered to vote at the time of the first election to fill at-large
Council seats may only register to vote at-large. Citizens residing outside the boundaries who
relocate within a district shall be subject to the requirements to vote in that district. Those residing
within the boundaries must vote within the district of their residence.
The Council shall, within one year of this Constitution taking effect, establish a system of
staggered terms for all seats on the Council to be organized into elections every two years.
Section 4. There shall be at least one regular session of the Council in the calendar year which
shall convene on the second Monday in each January or at such other date as the Council shall
determine. No business shall be conducted by the Council unless at least two-thirds (2/3) of
members thereof regularly qualified shall be in attendance, which number shall constitute a
quorum. The session may not exceed a maximum of thirty (30) calendar days for pay purposes.
Section 5. Special meetings of the Council may be called: (A) by the Principal Chief, (B) by the
Deputy Principal Chief when he or she has the full powers of the Principal Chief as elsewhere
defined, (C) upon written request of fifty-one percent (51%) of the members of the Council, or (D)
upon the written request of ten percent (10%) of the number of registered voters who voted in the
last general election of the Cherokee Nation. The purposes of said meeting shall be stated in a
notice published not less that ten (10) days prior to the meeting, and the Council may not consider
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any other subject not within such purposes. No meetings may convene until thirty (30) days have
elapsed after the adjournment of a prior session or meeting, unless called pursuant to Section 7 of
Article VII.
Section 6. All meetings of the Council and of its committees shall be open to the public except:
(A) when the discussion shall concern employment, retention or discharge of personnel; (B) when
the question of the moral turpitude of any citizen is discussed; and (C) when the decorum of the
audience shall prejudice orderly administration of business. In the event that consideration of a
subject shall take place in executive session, the vote shall take place in an open meeting.
Section 7. The Council shall have the power to establish laws which it shall deem necessary and
proper for the good of the Nation, which shall not be contrary to the provisions of this Constitution.
The style of all bills shall be: "Be It Enacted By The Cherokee Nation". The style of all resolutions
shall be "Be It Resolved By The Cherokee Nation".
Section 8. No laws passed by the Council shall have retroactive effect or operation.
Section 9. The Council shall have the power to remove elected and appointed officials in the
Cherokee Nation and said removal must be conducted in accordance with Article XI of this
Constitution.
Section 10. Every enactment which shall have been approved by a majority of the members in
attendance at the Council shall, before it becomes effective be presented to the Principal Chief,
who may approve the enactment by signing it; if not, the Principal Chief shall return it with
objections to the Council, which shall enter the objections in the Journal and proceed to reconsider
it. If, after such reconsideration, two-thirds (2/3) of the entire council shall agree to pass the
enactment, it shall become fully effective and operational notwithstanding the objections of veto of
the Principal Chief. In all such cases, the vote of the Council shall be determined by yeas and nays,
and the names of the members voting shall be entered on the Council's Journal. If any enactment
shall not be returned by the Principal Chief within five (5) days (Sundays and holidays excepted)
after it shall have been presented, the same shall be law in like manner as if approved by the
Principal Chief.
Section 11. The Council shall establish a continuing system of permanent publication for all laws
of the Cherokee Nation and judicial opinions of the highest appellate court. The system shall
provide for regular updating, indexing and digesting and shall be of public record at all times. The
text of all laws, resolutions, judicial opinions and orders, except otherwise protected by law, and all
other governmental publications, except those by Nation-owned entities, shall be in the public
domain and free from encumbrances against use by the Citizens. This shall not constrain the
Nation from copyrighting other aspects of governmental publications, except that citizens shall
always have license for personal use of the copyrighted work without notice or fee.
Section 12. In accordance with Article 12 of the Treaty with the Cherokees, dated November 28,
1785 (Treaty of Hopewell), and Article 7 of the Treaty with the Cherokees dated December 29,
1835 (Treaty of New Echota), there shall be created the office of Delegate to the United States
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House of Representatives, appointed by the Principal Chief and confirmed by the Council. The
Delegate shall be a citizen of the Nation and upon recognition by the United States shall be seated
in accordance with federal law. The Delegate shall endeavor to participate in congressional
activities and shall at all times advocate the best interests of the Cherokee People. The Delegate
shall make regular reports to the Council and Principal Chief on congressional activities and
administrative matters relating to federal law and policy and shall produce an annual report to the
Cherokee People.
Section 13. In the case of removal, death, resignation or disability of any of Council member, such
seat shall be filled by the candidate having the next highest number of votes in that district, who is
available and willing to serve and whose eligibility is confirmed by the Election Commission. In
the event no such candidate exists, the Council shall fill the vacated seat in the following manner:
If a majority of the four-year term remains to be served, the Council shall authorize a special
election in the district of the vacated seat to be conducted within ninety days; if a minority of the
four-year term remains to be served, the Council shall elect a replacement who would otherwise be
qualified to serve from the district of the vacated seat.
Section 14. Members of the Council and all Executive Officers shall be bound by oath, provided in
Article XIII, to support the Constitutions of the Cherokee Nation and the United States of America,
do everything within the individual's power to promote the culture, heritage and traditions of the
Cherokee Nation and to perform the duties of their respective offices.
Article VII. Executive
Section 1. The executive power shall be vested in a Principal Chief, who shall be styled "The
Principal Chief of the Cherokee Nation". The Principal Chief shall hold office for a term of four (4)
years. No person having been elected to the office of Principal Chief in two (2) consecutive
elections shall be eligible to file for the office of Principal Chief in the election next following his
or her second term of office. The Principal Chief shall be elected by the registered voters on the
same day and in the same manner, except as otherwise provided by this Constitution, as they shall
respectively vote for members of the Council in the year 2003 and every four years thereafter. The
Principal Chief shall be elected by a majority of votes. The manner of determining contested
elections shall be as directed by Cherokee law.
Section 2. The Principal Chief of the Cherokee Nation shall be a citizen of the Cherokee Nation in
accordance with Article IV; shall be domiciled within the boundaries of the Cherokee Nation for
no less than 270 days immediately preceding the day of general election in which he or she seeks
election; and, shall have obtained the age of thirty (30) years at the time of his or her election and
be a citizen by blood of the Cherokee Nation.
Section 3. The registered voters shall elect a Deputy Principal Chief, who shall possess the same
qualifications as the Principal Chief, for a term of four (4) years at the same time and in the same
manner as herein provided for the election of the Principal Chief. The Deputy Chief shall be
subject to the same term limitations as provided for the Principal Chief in this Constitution.
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Section 4. In case of the absence of the Principal Chief from office due to death, resignation,
removal or inability to discharge the powers and duties of the office, the same shall devolve upon
the Deputy Principal Chief for the remaining portion of the four (4) year term to which the
Principal Chief had been elected. In case of disability, such powers shall continue during the term
of such disability.
In the event of the death, resignation, or removal of the Deputy Principal Chief, or his or her
inability to discharge the powers and duties of the office, the person who is then the Speaker of the
Council shall succeed to the office of the Deputy Principal Chief for the balance of the term. In the
case of temporary disability, said person shall serve as Acting Deputy Principal Chief for the
duration of the disability and thereafter shall reassume the office of Speaker.
Section 5. The Council may, in the case of removal, death, resignation or disability of the Principal
Chief, Deputy Principal Chief and the Speaker of the Council, provide by law what officer shall
then act as Principal Chief until the disability be removed or a successor shall be elected.
Section 6. The Principal Chief and Deputy Principal Chief shall, at stated times, receive for their
service a compensation not inconsistent with Article X.
Section 7. The Principal Chief may, on extraordinary occasions, convene the Council at the seat of
government pursuant to Article VI, Section 5, and such notice and other laws as may be prescribed
by the Council. The purposes of said meetings must be stated and the Council may consider only
such matters as are specified in the call of the extraordinary meetings. Before the extraordinary
meetings may be legally sufficient to conduct business, a quorum of the Council must be present.
Section 8. At one session of the Council annually, the Principal Chief shall deliver and
communicate to the Council a message upon the condition of the Cherokee Nation; and shall
recommend such matters to the Council as he or she shall judge expedient.
Section 9. The Principal Chief shall cause the laws of the Cherokee Nation to be faithfully
executed, and shall conduct in person and in such manner as shall be prescribed by law, all
communications and business of the Cherokee Nation. The Principal Chief may cause to be formed
and operated, trusts, the beneficiary of which shall be the Cherokee Nation and these trusts shall be
granted such powers as provided by law for public trusts. Authorization for these trusts, however,
must be approved by a majority vote of the Council.
Section 10. The Deputy Principal Chief shall, by virtue of the office, aid and advise the Principal
Chief in the administration of the government.
Section 11. Nothing in this Constitution shall be construed as preventing the Principal Chief from
employing such administrative assistants as deems proper.
Section 12. There shall be a cabinet composed of the following persons who shall be citizens of the
Cherokee Nation: (1) Secretary of State, (2) Treasurer, (3) Secretary of Natural Resources. These
persons shall be appointed by the Principal Chief and confirmed by the Council. The Council, on
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recommendation of the Principal Chief only, may create additional cabinet positions and
departments. The Principal Chief shall prescribe the duties and responsibilities of cabinet members.
Cabinet members shall be authorized to appoint such staff and other assistants as they deem
necessary. The Council may, with recommendation of the Principal Chief, abolish any established
cabinet position or function or revise the title or responsibilities of any foregoing department or
function.
Section 13. There shall be created an office of Attorney General. The Attorney General shall be a
citizen of the Cherokee Nation, admitted to practice law before the highest court of any state of the
United States. The Attorney General shall represent the Nation in all criminal cases in the courts of
the Nation, and in all civil actions wherein the Cherokee Nation is named as a party, and shall have
such other duties as the Council may prescribe by law. The Attorney General shall be appointed by
the Principal Chief and confirmed by the Council for a term of five (5) years. The Attorney
General shall be authorized to designate such prosecutors and other assistants as deemed necessary
to carry out the duties of office, and may only be removed from office in conformance with Article
XI.
Section 14. There shall be created an office of Marshal. The Marshal shall be a citizen of the
Cherokee Nation and possess such training and experience in law enforcement as prescribed by
law. The duties and authority of the Marshal shall be prescribed by law. The Marshal shall be
authorized to deputize such officers as necessary to carry out the law enforcement needs of the
Cherokee Nation. The Marshal shall be appointed by the Principal Chief and be confirmed by the
Council for a term of five (5) years. The Marshal may only be removed from office in
conformance with Article XI.
The terms of the Marshal and the Attorney General shall not be concurrent.
Section 15. A vacancy of an elected office by reason of removal, death, resignation or disability of
the elected official, for which this Constitution does not provide a process for seating a
replacement to serve out the term, shall be filled by appointment by the Principal Chief with
confirmation by the Council.
Article VIII. Judicial
Section 1. The Judicial powers of the Cherokee Nation shall be vested in a Supreme Court and
such lower courts as the Council shall from time-to-time ordain and establish. The Judicial Appeals
Tribunal shall become known as the Supreme Court of the Cherokee Nation. The Supreme Court
shall be composed of five (5) members all of whom must be citizens of the Cherokee Nation and
be admitted to practice law before the highest Court of any state of the United States.
Section 2. Justices of the Supreme Court shall be appointed by the Principal Chief and confirmed
by the Council to serve terms of ten (10) years each after expiration of the initial terms as follows:
Seat 1: ending 12/31/2000, Seat 2: ending 12/31/2002, Seat 3: ending 12/31/2004, Seat 4: ending
12/31/2006, Seat 5: ending 12/31/2008. An appointment to the Supreme Court shall take place
once every two (2) years, except in the case of filling a vacated seat on the Court for the remainder
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of that term. The Council shall, within six (6) months of this Constitution taking effect, pass such
laws as are necessary for carrying into effect the provisions of this section.
Section 3. Judges of the District Court shall be citizens of the Cherokee Nation, and shall be
admitted to practice law before the highest Court of any state of the United States, and shall be
appointed by the Principal Chief and confirmed by the Council to serve terms of four (4) years
each. In the event of a judicial vacancy due to death, resignation, or removal from said office, any
successor duly appointed and confirmed shall only serve the balance of the term of the vacancy
being filled.
Section 4. The original jurisdiction of the Supreme Court shall extend to a general supervisory
control over all lower courts. General supervisory control does not include suspension, removal, or
disciplinary action of any member of the judiciary. These powers are specifically reserved for the
Court on the Judiciary as prescribed in Section 5 and/or Article XI.
The Supreme Court shall employ an Administrator, who shall have general administrative duties in
the judicial branch. The Justices of the Supreme Court shall have supervisory authority over the
Administrator.
In support of its original and appellate jurisdiction, the Supreme Court shall have power to issue,
hear and determine writs of habeas corpus, mandamus, quo warranto, certiorari, prohibition and
such other remedial writs as may be provided by law and may exercise such other jurisdiction as
may be conferred by statute. The appellate jurisdiction of the Supreme Court shall extend to all
cases at law and in equity arising under the laws or Constitution of the Cherokee Nation.
The Supreme Court shall promulgate rules of procedure relating to its original and appellate
jurisdiction to insure any litigant appearing before it receives due process of law and impartial
justice, together with prompt and speedy relief. Decisions of the Supreme Court shall be published
and indexed and shall be final insofar as the judicial process of the Cherokee Nation is concerned.
Section 5. There is hereby created a Court on the Judiciary. Each branch of the government shall
select two members of the Court; one of whom shall be a member of the Cherokee Nation Bar
Association and the other shall be a non-lawyer. The six members shall appoint a seventh member.
The members of the Court on the Judiciary shall promulgate its own rules of procedure, assuring
due process, to be submitted to the Council for review and approval. The authority of the Court
shall include suspension, sanction, discipline or recommendation of removal. The members shall
not be employees of the Cherokee Nation or any entities thereof. The Council shall pass such laws
as are necessary for carrying into effect the provisions of this section. All members of the Court
shall be citizens of the Cherokee Nation.
Section 6. The District Courts of the Cherokee Nation shall be courts of general jurisdiction and
shall be vested with original jurisdiction, not otherwise reserved to the Supreme Court, to hear and
resolve disputes arising under the laws or Constitution of the Cherokee Nation in both law and
equity, whether criminal or civil in nature. The Council shall enact, with advice from the judiciary,
rules of procedure which shall insure that all litigants receive due process of law and impartial
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justice, together with prompt and speedy relief.
Section 7. The Justices of the Supreme Court and Judges of the District Court shall receive a
compensation which shall not be diminished during their continuance in office, but shall receive no
other fee, gratuity or perquisite of office, nor hold any other position of title, trust or profit within
the Cherokee Nation or any entity thereof, either directly or indirectly.
Section 8. Members of the judiciary shall be subject to removal from office only for willful neglect
of duty, corruption in office, habitual drunkenness, incompetency or any conviction of a felony, a
crime under the laws of the Cherokee Nation that if committed in some other jurisdiction would be
a felony, or a misdemeanor involving moral turpitude or offenses against the Cherokee Nation
committed while in office.
Article IX. Election
Section 1. There is hereby created a Cherokee Nation Election Commission. The Commission
shall be an autonomous and permanent entity charged with the administration of all Cherokee
Nation elections, in accordance with election laws. The Council shall enact an appropriate law not
inconsistent with the provisions of this Constitution that will govern the conduct of all elections.
Section 2. No person who shall have been convicted of a felony charge under the laws of United
States, or of any State, Territory, or Possession thereof, or a crime under the laws of the Cherokee
Nation that if committed in some other jurisdiction would be a felony, shall be eligible to hold any
office or appointment of honor, profit or trust within this Nation unless such person has received a
pardon from the appropriate jurisdiction. Any person who holds any office of honor, profit or trust
in any other tribe or Nation of American Indians, either elective or appointive shall be ineligible to
hold simultaneously any office of honor, profit or trust of the Cherokee Nation unless approved by
the Council.
Section 3. All elections shall be determined by secret balloting.
Article X. Fiscal
Section 1. The fiscal year shall commence on the first day of October in each year, unless
otherwise provided by law.
Section 2. The Council shall provide by law for annual expenditure of funds, and the source from
which funds are to be derived, to defray the estimated expenses of the Executive, Legislative, and
Judicial branches and the departments of government of the Cherokee Nation for each fiscal year.
The budget shall not exceed estimated revenues.
Section 3. At least forty-five (45) days prior to the beginning of each fiscal year, the Treasurer
shall cause to be made and presented to the Council an itemized estimate of revenues and
expenditures for the ensuing fiscal year adhering to Generally Accepted Accounting Principles
(GAAP).
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Section 4. The Council shall require that records be maintained and provided to the Council of all
funds, monies, accounts and indebtedness and all other accounts bearing upon the fiscal interests,
including but not limited to, any and all outside business interests, both for-profit and
not-for-profit, of the Cherokee Nation by the use of an accounting system adhering to Generally
Accepted Accounting Principles (GAAP). The annual financial statement shall be audited by a
Certified Public Accountant and presented to the Council within six months following the end of
each fiscal year. Unaudited reports will be submitted as required by the Council.
Section 5. The Treasurer shall be authorized to accept all grants, donations of money, interest of
funds of the Cherokee Nation, judgments and any and all other sources of monies available to the
Cherokee Nation, for uses and purposes and upon the conditions and limitations for which the
same are granted or donated. The faith of the Cherokee Nation is hereby pledged to preserve such
grants and donations as a sacred trust, and, if or when designated, to keep the same for the use and
purposes for which they were granted or donated.
Section 6. The Council shall authorize the Treasurer to invest funds or money of the Cherokee
Nation and determine the preference to be given to the security for such investments, the manner of
selecting the securities, prescribing the rules, regulations, restrictions and conditions upon which
the funds shall be loaned or invested, provided that no investment shall be in mortgages other than
first mortgages only, and do all things necessary for the safety of the funds and permanence of the
investments. If required by law, such investments would be subject to the approval of the Secretary
of the Interior.
Section 7. The credit of the Cherokee Nation shall not be given, pledged, or loaned to any
individual, firm, company, corporation, or association without the approval of the Council. The
Cherokee Nation shall not make any donations by gift, bonus, or otherwise, to any individual, firm,
company, corporation, or association without the approval of the Council.
Section 8. All laws authorizing the expenditures of money by and on behalf of the Cherokee
Nation shall specify the purpose for which the money is to be used, and the money so designated
shall be used for no other purpose. No monies or resources of the Cherokee Nation or any of its
entities shall be used to pay for representation of a defendant in a criminal matter, except where a
public defender is authorized under Cherokee law. Annual expenditures shall not exceed the
available funds.
Section 9. General laws shall be enacted by the Council providing for the deposit of funds of the
Cherokee Nation, and the depository thereof, and such funds shall be under the control of the
Treasurer, under such terms and conditions as shall be designated by the Council and under such
laws which shall provide for the protection of said funds.
Section 10. No official, member or officer of the Council, Cabinet Member, employee of any
official, Council, Cabinet, or subdivisions thereof, or any person employed in any capacity by the
Cherokee Nation shall receive from any individual, partnership, corporation, or entity doing
business with the Cherokee Nation directly or indirectly, any interest, profit, benefits or gratuity,
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other than wages, salary, per diem, or expenses specifically provided by law.
Section 11. All officers, elected or appointed, who are authorized by this Constitution or any
subsequent legislation to a position of trust over any land, property, accounts or monies, shall
execute an official surety bond in the amount as may be required by the Council. Such surety
bonds shall inure to the benefit of, and be paid for by, the Cherokee Nation for whose protection or
surety the same shall be required. In no event shall said surety bond be other than by a Licensed
Insurance Company, authorized to do business in the State of Oklahoma.
Article XI. Removal From Office
Section 1. The Principal Chief, Deputy Principal Chief, members of the Council, Attorney General
and Marshal shall be subject to removal from office for willful neglect of duty, corruption in office,
habitual drunkenness, incompetency or any conviction of a felony, or a crime under the laws of the
Cherokee Nation that if committed in some other jurisdiction would be a felony, or a misdemeanor
involving moral turpitude or offenses against the Cherokee Nation committed while in office.
Section 2. Except as otherwise provided in this Constitution, all other appointed officials shall be
subject to removal for cause, as prescribed by law.
Section 3. No official may be removed under Sections 1 or 2 of this Article or Section 8 of Article
VIII except after trial before the Council, with the accused having been afforded due process and
opportunity to be heard. Provided, removal under Sections 1 or 2 of this Article or Section 8 of
Article VIII shall require a two-thirds (2/3) vote of the members of the Council.
Section 4. Separate from the Council's removal powers, the People of the Cherokee Nation reserve
unto themselves the exclusive power to recall any elected official through petition and recall
referendum. A petition must be signed by Cherokee citizens registered to vote. In the case of
Principal Chief or Deputy Principal Chief, signatures must total a number equaling or exceeding
fifteen percent (15%) of the total number of registered voters in the previous general election. In
the case of district offices, signatures must total the greater of five hundred (500) or twenty-five
percent (25%) of the total number of registered voters in that district in the previous general
election. The signed petition shall be filed with the Election Commission to determine whether the
signatures are valid. Said determination shall be made within thirty (30) days after the filing of
same. Upon verification of the requisite number of signatures the Election Commission shall
certify the petition as valid and notify the Council and the Secretary of State. Upon notification of a
valid certified petition the Council shall immediately call for and approve a special recall election
for the office in question within sixty (60) days. The special recall election shall be limited in scope
to the voting populace for the elected office in question. Votes casts shall be tabulated and the
results certified in the same manner as in general elections. A majority vote to affirm the official
shall retain the official in office. A majority vote to recall shall immediately remove the official
from office. In the event of a tie-vote the Council shall call a special meeting to conduct a
tie-breaking vote. Elected offices vacated under this section shall be filled as otherwise provided in
this Constitution.
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Article XII. Employee Rights
No employee, who having served in a position at least one (1) year, shall be removed from the
employment of the Cherokee Nation except for cause, and only after being afforded
pre-termination due process. Provided, the right of such employee to seek redress in the Cherokee
Nation courts shall not be abridged.
Article XIII. Oath
Section 1. All officers elected or appointed shall, before entering upon the duties of their respective
offices, take and subscribe to the following oath or affirmation: "I do solemnly swear, or affirm,
that I will faithfully execute the duties of _______ of the Cherokee Nation, and will, to the best of
my ability, preserve, protect and defend the Constitutions of the Cherokee Nation, and the United
States of America. I swear or affirm further, that I will do everything within my power to promote
the culture, heritage and traditions of the Cherokee Nation."
Section 2. The foregoing oath shall be administered by any person authorized by the Council to
administer oaths. The oath shall be filed in the Office of the Secretary of State.
Article XIV. Clans
Nothing in this Constitution shall be construed to prohibit the right of any Cherokee to belong to a
recognized clan or organization in the Cherokee Nation.
Article XV. Initiative, Referendum and Amendment
Section 1. Notwithstanding the provisions of Article VI, the People of the Cherokee Nation reserve
to themselves the power to propose laws and amendments to this Constitution and to enact or reject
the same at the polls independent of the Council, and also reserve power at their own option to
approve or reject at the polls any act of the Council.
Section 2. Any amendment or amendments to this Constitution may be proposed by the Council,
and if the same shall be agreed to by a majority of all the members of the Council, such proposed
amendment or amendments shall, with the yeas and nays thereon, be entered into the Journal and
referred by the Secretary of State to the People for their approval or rejection, at the next regular
general election, except when the Council, by a two-thirds (2/3) vote, shall order a special election
for that purpose. If a majority of all the registered voters voting at such election shall vote in favor
of any amendment thereto, it shall thereby become a part of this Constitution.
Section 3. The first power reserved by the People of the Cherokee Nation is the initiative, and ten
percent (10%) of the registered voters shall have the right to propose any legislative measures by
petition and fifteen percent (15%) of the registered voters shall have the right to propose
amendments to the Constitution by petition, and every such petition shall include the full text of
the measure so proposed.
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The second power is the referendum, and it may be ordered (except as to laws necessary for the
immediate preservation of the public peace, health or safety), either by petition signed by five
percent (5%) of the registered voters or by the Council as other enactments are effectuated. The
ratio and percent of registered voters hereinbefore stated shall be based upon the total number of
votes cast in the last general election involving the office of Principal Chief.
Section 4. Referendum petitions shall be filed with the Secretary of State not more than ninety (90)
days after the final adjournment of the session or meeting of the Council which passed the bill on
which the referendum is demanded. The veto power of the Principal Chief shall not extend to
measures voted on by the People. All elections on measures referred to the People of the Cherokee
Nation shall be had at the next regular general election except when the Council or the Principal
Chief shall order a special election for the express purpose of making such reference. Any measure
referred to the People by the initiative shall take effect and be in force when it shall have been
approved by a majority of the votes cast thereon.
Section 5. Petitions and orders for the initiative and for the referendum shall be filed with the
Secretary of State and addressed to the Principal Chief of the Cherokee Nation, who shall submit
the same to the People. The Council shall make suitable provisions for carrying into effect the
provisions of this Article.
Section 6. The referendum may be demanded by the People against one or more items, sections or
parts of any enactment of the Council in the same manner in which such power may be exercised
against a complete enactment. The filing of a referendum petition against one or more items,
sections or parts of an enactment shall not delay the remainder of such act from becoming
operative.
Section 7. If two or more amendments are proposed they shall be submitted in such manner that
registered voters may vote for or against them separately.
Section 8. No proposal for the amendment of this Constitution which is submitted to the voters
shall embrace more than one general subject and the voters shall vote separately for or against each
proposal submitted; provided, however, that in the submission of proposals for the amendment of
this Constitution by articles, which embrace a general subject, each proposed article shall be
deemed a single proposal or proposition.
Section 9. No convention shall be called by the Council to propose a new Constitution, unless the
law providing for such convention shall first be approved by the People on a referendum vote at a
regular or special election. Any amendments, alterations, revisions or new Constitution, proposed
by such convention, shall be submitted to the registered voters of the Cherokee Nation at a general
or special election and be approved by a majority of the registered voters voting thereon before the
same shall become effective. The question of such proposed convention shall be submitted to the
citizens of the Cherokee Nation at least once every twenty (20) years.
Article XVI. Supersedes Constitutions of 1839 and 1976
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The provisions of this Constitution overrule, supersede, and repeal the provisions of the Cherokee
Nation Constitution enacted the 6th day of September, 1839, and the provisions of the Constitution
of the Cherokee Nation of Oklahoma enacted the 26th day of June, 1976.
Article XVII. Seat of Government
The Seat of Government of the Cherokee Nation shall be at Tahlequah, Oklahoma.
Article XVIII. Adoption
This Constitution shall become effective when ratified by the registered voters of the Cherokee
Nation. It shall be engrossed on parchment and signed by the Principal Chief and the President of
the United States, or his authorized representative. It shall be filed in the office of the Cherokee
Nation and sacredly preserved as the fundamental law of the Cherokee Nation. The Constitution
shall be printed in both Cherokee and English, provided however, that the English version shall be
controlling for all governmental and legal purposes. The Council shall enact laws in conformance
with this Constitution within eighteen (18) months of its ratification, provided that the provisions
for Article XI shall be enacted within six (6) months of its ratification.
TITLE 1
ADMINISTRATIVE PROCEDURE
CHAPTER 1
GENERAL PROVISIONS
§ 101. Short title
This act shall be known and may be cited as the Cherokee Nation Administrative Procedure Act.
§ 102. Definitions
As used in this act:
1. "Agency" means the Environmental Protection Commission, Gaming Commission, and Tax
Commission, including the agency head, and one or more members of the agency head or agency
employees or other persons directly or indirectly purporting to act on behalf or under the authority
of the agency head. The term does not include the Tribal Council or the Courts, or the Principal
Chief in the exercise of powers derived directly and exclusively from the Constitution. The term
does not include Cherokee Nation Election Commission in the exercise of powers derived directly
and exclusively from the Constitution. The term does not include tribal-owned commercial
businesses.
2. "Agency action" means:
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a. the whole or a part of a rule or an order;
b. the failure to issue a rule or an order; or
c. an agency's performance of, or failure to perform, any other duty, function, or activity,
discretionary or otherwise.
3. "Agency head" means an individual or body of individuals in whom the ultimate legal
authority of the agency is vested by any provision of law.
4. "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical,
electromagnetic, or similar capabilities.
5. "Emergency adjudication" means an agency adjudication taken in a situation in which there is
an immediate danger to the public health, safety, or welfare that requires immediate action.
6. "Filing" means delivery of a record or electronic transmission of a record to a place and in a
manner designated by the agency by rule for receipt of official records, or in the absence of such
designation, at the office of the agency head.
7. "Index" means an alphabetical list of items by subject and title in a record with a page number,
hyperlink, or any other connector that links the alphabetical list with the record to which it refers.
8. "Law" means the whole or a part of the Constitution, or of any statute, case law, common law,
rule of court, executive order, or rule or order of an agency.
9. "License" means the whole or part of any agency permit, certificate, approval, registration,
charter, or similar form of permission required by law.
10. "Licensing" means an agency process relating to the grant, denial, renewal, revocation,
suspension, annulment, withdrawal, or amendment of a license.
11. "Mail" for purposes of any notice means 1st class mail of the United States Postal Service, a
reputable carrier other than the United States Postal Service, or electronic distribution, where
electronic distribution has been designated by agency rule as an acceptable means for transmission
or receipt of records.
12. "Notice" means to take such steps as may be reasonably required to inform another person in
the ordinary course, whether or not the other person actually comes to know of it.
13. "Order" means an agency action of particular applicability that determines the legal rights,
duties, privileges, immunities, or other legal interests of one or more specific persons.
14. "Party to agency proceedings," or "party" in context so indicating, means:
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a. a person to whom the agency action is specifically directed;
b. a person named as a party to an agency proceeding or allowed to intervene or participate as a
party in the proceeding; or
c. properly seeking and entitled by law to participate, in an individual proceeding.
15. "Party to judicial review or civil enforcement proceedings" or "party" in context so
indicating, means:
a. a person who files a petition for judicial review or civil enforcement; or
b. a person named as a party in a proceeding for judicial review or civil enforcement or allowed to
participate as a party in the proceeding.
16. "Person" means an individual, corporation, business trust, estate, trust, partnership, limited
liability company, association, joint venture, governmental subdivision, instrumentality, or agency,
public corporation, or any other legal or commercial entity.
17. "Public notice" means conspicuously posting on the official Cherokee Nation website,
delivering to persons who have requested routine notification, and any other method.
18. "Record" means information that is inscribed on a tangible medium or that is stored in an
electronic or other medium and is retrievable in perceivable form.
19. "Rule" means the whole or a part of an agency statement of general applicability that
implements, interprets, or prescribes (i) law or policy, or (ii) the organization, procedure, or
practice requirements of an agency. The term includes the amendment, repeal, or suspension of an
existing rule. The term "rule" does not include:
a. the issuance, renewal, denial, suspension or revocation or other sanction of an individual specific
license;
b. the approval, disapproval or prescription of rates;
c. statements and memoranda concerning internal management not affecting private rights or
procedures available to the public;
d. declaratory rulings issued pursuant this title;
e. orders by the Principal Chief or his designee; or
f. press releases.
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20. "Rule-making" means the process for formulation and adoption of a rule.
21. "Website" means the official internet website of Cherokee Nation, www.cherokee.org, or
reasonably accessible via hyperlinks from the website.
22. "Written" means inscribed on a tangible medium.
CHAPTER 2
DECLARATIONS BY AGENCY
§ 201. [Agency declarations]
A. Any interested person may petition an agency for a declaration of the applicability of any rule or
prior order issued by the agency.
B. Each agency may adopt rules prescribing the form of the petitions and the procedure for their
submission, consideration, and prompt disposition. In the absence of declaratory order procedural
rules petitioners shall generally follow the rules of the District Court. The provisions of this act for
formal, informal, or other applicable hearing procedure do not apply to an agency proceeding for a
declaration, except to the extent provided in this chapter or to the extent the agency so provides by
rule or order.
C. Within sixty days after receipt of a petition pursuant to this section, an agency shall either
decline to issue a declaration in writing or schedule the matter for hearing.
D. If the agency declines to consider the petition, it shall promptly notify the person who filed the
petition of its decision, including a brief statement of the reasons therefore. An agency decision to
decline to issue a declaration is not subject to judicial review.
E. If the agency issues a declaration, the agency declaration shall contain the names of all parties to
the proceeding, the particular facts on which it is based, and the reasons for its conclusion. A
declaratory order has the same status and binding effect as any other order issued in an
adjudication.
CHAPTER 3
PROCEDURAL RULES
§ 300. Required procedures
The following procedures shall be followed to promulgate a rule.
§ 301. Current rulemaking docket
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A. Except for 1 CNCA §§ 311, 312, 313, 314 and 315, as used in this chapter, "rule" does not
include an emergency rule adopted under 1 CNCA § 309(A) or a fast-track rule adopted under 1
CNCA § 309(B).
B. The Information Systems Department shall maintain a current rulemaking docket for the
agencies.
C. A current rulemaking docket must list each pending rulemaking proceeding. The docket must
indicate or contain:
1. the subject matter of the proposed rule;
2. notices related to the proposed rule;
3. where written or electronic comments may be inspected;
4. the time within which written or electronic comments may be made;
5. electronic and written requests for public hearing;
6. appropriate information about the public hearing, if any, including the names of the persons
making the request;
7. how comments may be made in writing and electronically; and
8. the timetable for action.
§ 302. Agency record in rulemaking proceeding
A. An agency shall maintain an official rulemaking record for each rule it proposes to adopt. The
record and materials incorporated by reference must be available for public inspection online via
the Internet.
B. The agency rulemaking record must contain:
1. copies of all public notices with respect to the rule or the proceeding upon which the rule is
based;
2. copies of any portions of the agency's public rulemaking docket containing entries relating to the
rule or the proceeding upon which the rule is based;
3. all written or electronic petitions, requests, submissions, and comments received by the agency
and all other written or electronic materials or records considered by the agency in connection with
the formulation, proposal, or adoption of the rule or the proceeding upon which the rule is based;
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4. any official transcript of oral presentations made in the proceeding upon which the rule is based
or, if not transcribed, any tape recording or stenographic record of those presentations, and any
memorandum prepared by the agency official who presided over the hearing, summarizing the
contents of those presentations;
5. a copy of the rule and explanatory statement filed in the office of the Principal Chief; and
6. all petitions for exceptions to, or amendment, repeal or suspension of the rule.
§ 303. Advice on possible rules before notice of proposed rule adoption
A. In addition to seeking information by other methods, an agency may solicit comments from the
public on a subject matter of possible rulemaking under active consideration within the agency by
giving public notice of the subject matter and indicating where, when, and how persons may
comment.
B. Each agency may also appoint committees to comment on the subject matter of a possible
rulemaking under active consideration within the agency. The membership of those committees
must be given public notice within thirty (30) days of their formation or change of membership.
§ 304. Notice of proposed rule adoption
A. Following internal agency approval of a proposed rule, an agency shall cause notice of its
contemplated action to be published on the website. The notice of the proposed adoption of a rule
must include:
1. a short explanation of the purpose of the rule proposed;
2. the specific legal authority authorizing the rule proposed;
3. the text of the rule proposed, or if a rule is being amended the text shall plainly indicate the
insertions and deletions;
4. where, when, and how persons may present their views on the rule proposed;
5. where persons may obtain copies of the full text of the regulatory analysis of the rule proposed;
and
6. where, when, and how persons may present their views on the rule proposed and demand an oral
proceeding thereon if one is not already provided.
B. Within three (3) days after publication of the notice of the proposed adoption of a rule on the
website, the agency shall cause a copy of the notice to be mailed or sent electronically to each
person that has made a timely request to the agency for a mailed or electronic copy of the notice.
An agency may charge a person for the actual cost of providing written mailed copies if the person
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has made a request for a written copy.
C. A copy of the proposed rule and public notice shall be provided to the Tribal Council and the
Office of the Principal Chief.
§ 305. Public participation
A. For at least thirty (30) days after publication of the notice of the proposed adoption of a rule, an
agency shall allow persons to submit information and comment on a rule proposed by the agency.
The information or comments may be submitted electronically or in writing.
B. Persons requesting public hearings or submitting comments must include their name, address,
phone number, and e-mail address if submission is electronic, but may request that this identifying
information be kept confidential.
C. Comments
1. Comments shall concisely address the proposed rule and contain relevant data, argument, and
authorities supporting the position of the comment.
2. The agency may disregard anonymous, irrelevant or abusive submissions.
3. The agency shall consider fully all proper information and comments submitted respecting a rule
proposed to be adopted by the agency.
4. A response to each comment shall be prepared and delivered to the person making the comment
and given public notice. A single response may be addressed to groups of similar comments.
D. Public hearings
1. Recognizing that comments and responses may generate demand for a public meeting, the time
to request a public meeting shall not end before fifteen (15) days following the public notice of all
responses to written comments.
2. A request for a public meeting shall include a statement of the issues desired to be discussed and
a summary of the argument supporting the person's position on the issues.
3. A public hearing on a rule proposed to be adopted may not be held earlier than twenty (20) days
after notice of its location and time is published on the website.
4. Public hearings may be held only from 8:00 A.M. to 10:00 P.M. on Monday thru Saturday.
5. An agency official shall preside at a public hearing on a rule proposed to be adopted. If the
presiding agency official is not the agency head, the official shall prepare a memorandum for
consideration by the agency head summarizing the contents of the presentations made at the oral
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proceeding.
6. Public hearings must be open to the public and recorded by audio, audio and video, stenographic
or other means.
7. Persons requesting an opportunity to comment at a public meeting may be required to register by
name and indicate whether they support or oppose the rule or a part of the rule.
8. The agency shall employ its best efforts to allow equal time to both sides of an issue. If present,
not less than five persons for each side shall be allowed not less than three minutes each to present
verbal comments and records. Registered persons may yield their time to another registered person.
E. Rule adoption following notice and comment period
1. If no public meeting is timely requested, and no comments are filed, the rule as submitted shall
be a final rule after ten (10) days from the deadline for requesting a public meeting.
2. If written comments are received or a public meeting is held, and the agency makes no
substantive amendments, then the rule shall be final.
3. If written comments are received or a public meeting is held, and the agency makes substantive
amendments to the rule, the agency shall invite public participation as required by this section for a
new rule.
F. Copies of final rules shall be given public notice and provided to the public upon request.
§ 306. Emergency rules
A. If the Principal Chief finds that an urgent commercial issue or an imminent peril to the public
health, safety, or welfare requires immediate adoption of a rule and states in writing the reasons for
that finding, the agency, without prior notice or hearing or upon any abbreviated notice and hearing
that it finds practicable, may adopt an emergency rule.
B. The agency shall give public notice within a reasonable time and take appropriate measures to
make an emergency rule known to the persons who may be affected by it.
C. The concurrent or subsequent adoption of an identical or similar rule under this chapter is not
precluded.
D. An emergency rule may be effective for no longer than the threat of or actual existence of the
commercial issue or the imminent peril requiring the rule.
E. An emergency rule shall not be effective longer than ninety (90) days unless previously a notice
of proposed rule adoption is given pursuant to 1 CNCA § 304 and the agency diligently proceeds
to adopt a rule pursuant to this chapter. Such rule shall be identical to or cover the same issue as the
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emergency rule that it replaces.
F. An emergency rule must be placed on the agenda of the next special or regularly scheduled
meeting of the agency. Reasonable public comment shall be allowed concerning the emergency
rule.
G. An emergency rule may not be adopted if a substantially similar emergency rule addressing a
continuing threat has been adopted within the preceding ninety (90) days.
§ 307. Required rulemaking
In addition to other rulemaking requirements imposed by law, each agency shall:
1. within ninety (90) days of the enactment of this act, adopt as a rule a description of the
organization of the agency which states the general course and method of its operations and where
and how the public may obtain information or make submissions or requests;
2. within ninety (90) days of the enactment of this act, adopt rules of practice setting forth the
nature and requirements of all formal and informal procedures available to the public, including a
description of all forms and instructions that are to be used by the public in dealing with the
agency;
3. as soon as feasible and to the extent practicable, adopt rules, in addition to those otherwise
required by this act, embodying appropriate standards, principles, and procedural safeguards that
the agency will apply to the law it administers; and
4. as soon as feasible and to the extent practicable, adopt rules to supersede principles of law or
policy lawfully declared by the agency as the basis for its decisions in particular cases.
§ 308. Contents of rule
Each rule adopted by an agency must contain the text of the rule and be accompanied by a record
containing:
1. the date the agency adopted the rule;
2. a concise statement of the purpose of the rule;
3. a reference to all rules repealed, amended, or suspended by the rule;
4. a reference to the specific statutory or other authority authorizing the rule;
5. any findings required by any provision of law as a prerequisite to adoption or effectiveness of
the rule; and
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6. the effective date of the rule.
§ 309. Concise explanatory statement
A. At the time it adopts a rule, an agency shall issue a concise explanatory statement containing:
1. its reasons for adopting the rule, which shall include an explanation of the principal reasons for
and against its adoption, and its reasons for overruling substantial arguments and considerations
made in oral testimony and comments; and
2. the reasons for any change between the text of the proposed rule contained in the published
notice of proposed rule adoption and the text of the rule as finally adopted.
B. Only the reasons contained in the concise explanatory statement required by subsection (A) may
be used by any party as justifications for the adoption of the rule in any proceeding in which its
validity is at issue.
§ 310. Incorporation by reference
An agency may incorporate, by reference in its rules and without publishing the incorporated
matter in full, all or any part of a code, standard, or rule that has been adopted by Cherokee Nation,
an agency of the United States, another state, or by a nationally recognized organization or
association, if:
1. incorporation of its text in agency rules would be unduly cumbersome, expensive, or otherwise
inexpedient;
2. the reference in the agency rules fully identifies the incorporated matter by location, date, and
otherwise,
3. the reference in the agency rules states whether the rule does or does not include any later
amendments or editions of the incorporated matter;
4. the agency, organization, or association originally issuing that matter makes copies of it readily
available to the public. The rules must state where copies of the incorporated matter are available at
cost from the agency issuing the rule, and where copies are available from Cherokee Nation, the
agency of the United States, a state, or the organization or association originally issuing that
matter; and
5. the rule is of limited public interest, as determined by the agency.
§ 311. Compliance, time limitation and effect
A. No rule adopted under this act is valid unless adopted in substantial compliance with the
procedural requirements of this act.
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B. A proceeding to contest any rule on the ground of noncompliance with the procedural
requirements of this act must be commenced within two years from the effective date of the rule.
C. Rules shall be valid and binding on persons they affect, and shall have the force of law.
D. Except as otherwise provided by law, rules shall be prima facie evidence of the proper
interpretation of the matter to which they refer.
§ 312. Declaratory judgment
A. The validity or applicability of a rule may be determined in an action for declaratory judgment
in the District Court if it is alleged the rule, or its threatened application, interferes with or impairs,
or threatens to interfere with or impair, the legal rights or privileges of the plaintiff.
B. The agency shall be made a party to the action.
C. Rules promulgated pursuant to the provisions of the Administrative Procedure Act are presumed
to be valid until declared otherwise by a District Court of the Nation.
D. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency
to pass upon the validity or applicability of the rule in question.
CHAPTER 4
ADJUDICATION
§ 401. When Chapter 4 applies—Disputed cases
This chapter applies to an adjudication made by an agency if, under Cherokee Nation or federal
law, an opportunity for an evidentiary hearing is required for the formulation and issuance of an
order. If the requirements for informal adjudication under 1 CNCA §§ 405 and 406 or an
emergency adjudication under 1 CNCA § 407 are met, a disputed case hearing may be conducted
following the procedures in those sections.
§ 402. Presiding officers
A. In a disputed case, a presiding officer shall preside over the conduct of the hearing and shall
regulate the course of the proceedings in a manner that will promote their orderly and prompt
resolution.
B. The agency head, one or more members of the agency head, one or more persons designated by
the agency head, in the discretion of the agency head, may serve as the presiding officer.
C. An individual who has served as investigator, prosecutor, or advocate at any stage in a disputed
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case, including investigation, may not serve as a presiding officer or assist or advise any presiding
officer in the same proceeding.
D. An individual who is subject to the authority, direction, or discretion of an individual who has
served as investigator, prosecutor, or advocate at any stage in a disputed case, including
investigation, may not serve as presiding officer or assist or advise a presiding officer in the same
proceeding.
E. A presiding officer is subject to disqualification for bias, prejudice, financial interest, or any
other cause for which a judge is or may be disqualified.
F. A party may request the disqualification of a presiding officer by filing an affidavit, promptly
after discovery of grounds, stating with particularity the grounds upon which it is claimed that a
fair and impartial hearing cannot be accorded, or the applicable rule or canon of practice or ethics
that requires disqualification.
G. A presiding officer whose disqualification is requested shall determine whether to grant the
position, and state facts and reasons for the determination in writing.
H. If a substitute presiding officer is required, the substitute must be appointed by:
1. the Principal Chief, if the original presiding officer is the agency head; or
2. the agency, if the original presiding officer was designated by the agency.
I. Any party to agency proceedings or any party to judicial review or civil enforcement proceedings
shall have a matter decided by administrative judges en banc.
§ 403. Disputed case procedure
A. Except for emergency adjudications and except as otherwise provided in 1 CNCA § 406, this
section applies to disputed cases.
B. Except as provided in 1 CNCA § 407(C) for emergency adjudications, the agency shall give to
the person to which the agency action is directed notice that is consistent with 1 CNCA § 404.
C. The agency shall make available to the person to which the agency action is directed a copy of
the governing procedure.
D. The following rules apply in a disputed case:
1. Relevant evidence must be admitted if it is the type of evidence on which responsible persons
are accustomed to rely in the conduct of serious affairs. Evidence may not be excluded solely
because it is hearsay.
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2. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence
except that on timely objection shall not be sufficient in itself to support a finding unless it would
be admissible over objection in a civil action.
3. Upon proper objection the presiding officer shall exclude evidence that is immaterial, irrelevant,
unduly repetitious, or excludable on constitutional or statutory grounds or on the basis of
evidentiary privilege recognized in the courts of Cherokee Nation. In the absence of proper
objection, the presiding officer may exclude evidence that is objectionable.
a. Evidence is unduly repetitious under this subsection if its probative value is substantially
outweighed by the probability that its admission will necessitate undue consumption of time.
b. A presiding officer's determination that evidence is unduly repetitious may be overturned only
for abuse of discretion.
c. An objection is timely if made before submission of the case or on reconsideration.
4. In a disputed case, any part of the evidence may be received in written form, if doing so will
expedite the hearing without substantial prejudice to the interests of a party. Documentary evidence
may be received in the form of copies or excerpts or by incorporation by reference.
5. All evidence must be made part of the hearing record of the case, including, if the agency desires
to avail itself of information or it is offered into evidence by a party, records in the possession of
the agency which contain information classified by law as not public. No factual information or
evidence may be considered in the determination of the case unless it is part of the agency record.
If the agency record contains information that is not public, the presiding officer may conduct a
closed hearing to discuss the information, issue necessary protective orders, and seal all or part of
the hearing record.
6. In a disputed case the presiding officer may take official notice of all facts of which judicial
notice may be taken and of other scientific and technical facts within the specialized knowledge of
the agency.
a. Parties must be notified at the earliest practicable time, either before or during the hearing, or by
reference in preliminary reports, preliminary decisions or otherwise, of the facts proposed to be
noticed and their source, including any staff memoranda or data.
b. The parties must be afforded an opportunity to contest any judicially noticed facts before the
decision is announced, unless the agency determines as part of the record or decision that fairness
to the parties does not require an opportunity to contest such facts.
7. The experience, technical competence, and specialized knowledge of the presiding officer may
be used in the evaluation of the evidence.
E. Except for informal hearings under 1 CNCA §§ 405 and 406 and emergency hearings under 1
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CNCA § 407, in a disputed case, the presiding officer, at appropriate stages of the proceedings,
shall give all parties the opportunity to file pleadings, motions, objections, and offers of settlement
in a timely manner. The presiding officer, at appropriate stages of the proceeding, may give all
parties full opportunity to file briefs, proposed findings of fact and conclusions of law, and
proposed, recommended or final orders. If available, the original of all records must be filed with
the agency, and copies of all filings shall be sent to all parties.
F. Except for informal hearings under 1 CNCA §§ 405 and 406 and emergency hearings under 1
CNCA § 407, in a disputed case, to the extent necessary for full disclosure of all relevant facts and
issues, the presiding officer shall afford to all parties the opportunity to respond, present evidence
and argument, conduct cross-examination, and submit rebuttal evidence.
G. Unless prohibited by law, if each party to a hearing has an opportunity to hear, speak and be
heard in the proceeding as it occurs, the presiding officer may conduct all, or part of, an evidentiary
hearing, or a pre-hearing conference, by telephone, television, or other electronic means;
H. All testimony of parties and witnesses must be given under oath or affirmation and the presiding
officer may administer an oath or affirmation for that purpose;
I. The hearing in a disputed case is open to public observation, except for a hearing or part of a
hearing that the presiding officer states to be closed on the same basis and for the same reasons that
a Cherokee Nation court is empowered to close a hearing or states to be closed pursuant to a
statutory provision other than this act that authorizes closure. To the extent that a hearing is
conducted by telephone, television, or other electronic means, and is not closed, the availability of
public observation is satisfied by giving members of the public an opportunity, at reasonable times,
to hear or inspect the agency's record, and to inspect any transcript obtained by the agency.
J. Unless prohibited by law other than this [act], at the party's expense, any party may be
represented by counsel or may be advised, accompanied or represented by another individual.
K. The decision in a disputed case must be in writing, based on the record, and include a statement
of the factual and legal bases of the decision.
L. This section applies to agency procedure in disputed cases without further action by the agency,
and prevails over a conflicting or inconsistent provision of the agency's rules.
M. The rules by which an agency conducts a disputed case may include provisions equivalent to,
or more protective of, the rights of the person to which the agency action is directed than the
requirements of this section.
§ 404. Notice
A. Except for emergency adjudication under 1 CNCA § 407, an agency shall give reasonable
notice of the right to a hearing in a disputed case.
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B. In case of applications or petitions submitted by persons other than the agency, within a
reasonable time after filing the agency shall give an initial notice to all parties that an action has
been commenced which must include:
1. the official file or other reference number; the name of the proceeding, and a general description
of the subject matter;
2. the name, official title, mailing address, e-mail address, fax address and telephone number of the
presiding officer;
3. a statement of the time, place and nature of the pre-hearing conference or hearing, if any;
4. the name, official title, mailing address and telephone number of any attorney or employee who
has been designated to represent the agency; and
5. any other matter that the presiding officer considers desirable to expedite the proceedings.
C. In case of actions initiated by the agency that may or will result in an order, the agency shall
give an initial notice to the party or parties against which the action is brought by personal service
in a manner appropriate under the rules of civil procedure for the service of process in a civil action
in Cherokee Nation which includes:
1. notification that an action that may result in an order has been commenced against them; and
2. a short and plain statement of the matters asserted, including the issues involved; and
3. a statement of the legal authority and jurisdiction under which the hearing is held that includes
identification of the statutory sections involved; and
4. the official file or other reference number, the name of the proceeding and a general description
of the subject matter; and
5. the name, official title, mailing address [e-mail address] [fax address] and telephone number of
the presiding officer, or, if no officer has been appointed at the time the first notice is given, the
name, official title, mailing address [e-mail address] [fax address] and telephone number of any
attorney or employee designated to represent the agency; and
6. a statement that a party who fails to attend any subsequent proceeding in a disputed case may be
held in default.
7. a statement that the party served may request a hearing and instructions in plain language about
how to request a hearing; and
8. the names and last known addresses of all parties and other persons to which notice is being
given by the agency.
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D. When a pre-hearing, hearing or other hearing, meeting or conference is scheduled, the agency
shall give notice that shall contain the pre-hearing information described in this subsection at least
fourteen (14) days before the hearing.
E. Any notice may include other matters that the presiding officer considers desirable to expedite
the proceedings.
§ 405. Informal adjudication in disputed cases
Unless prohibited by law other than this act, an agency may use the informal hearing procedure as
provided in 1 CNCA § 406 in a disputed case if:
1. there is no disputed issue of material fact; or
2. the matter at issue is limited to any of the following:
a. a monetary amount of not more than One Thousand Dollars ($1,000.00) whether liquidated in a
sum certain or as periodic payments over no more than twelve (12) months;
b. a disciplinary sanction against a student that does not involve expulsion from an academic
institution or suspension for more than ten (10) days or an employee that does not involve
discharge from employment, demotion, or suspension for more than five (5) days;
c. a disciplinary sanction against a licensee that does not involve an actual revocation of a license
or an actual suspension of a license for more than five (5) days;
d. a proceeding in which an opportunity for an evidentiary hearing is not required by Cherokee
Nation or federal constitution or statute, common law, court rule, or executive order, and the
agency by rule authorizes use of an informal hearing procedure under this section;
e. a proceeding where the Cherokee Nation or federal constitution requires an evidentiary hearing,
but the hearing is not required to follow the adjudication procedures of 1 CNCA § 404; or
f. the parties by written agreement consent to an informal hearing under this section.
§ 406. Informal adjudication procedure
A. Except as otherwise provided in subsection (B), the adjudication procedures required under 1
CNCA § 403 in a disputed case apply to an informal adjudication.
B. In an informal adjudication, the presiding officer shall regulate the course of the proceeding.
The presiding officer shall permit the parties and their representatives, and may permit others, to
offer written or oral comments on the issues. The presiding officer may limit the use of witnesses,
testimony, evidence, and argument and may limit or eliminate the use of pleadings, intervention,
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discovery, pre-hearing conferences, and rebuttal. Where appropriate in the discretion of the
presiding officer, an informal adjudication may be in the nature of a conference.
C. In regulating the course of the informal adjudication proceedings, the presiding officer shall
recognize the rights of the parties:
1. to notice that includes the decision to proceed by informal adjudication;
2. to protest the choice of informal procedure, and that protest must be promptly decided by the
presiding officer;
3. to participate in person or by a representative;
4. to have notice of any contrary factual material in the possession of the agency that can be relied
on as the basis for adverse decision; and
5. to be informed briefly in writing, of the basis for adverse decision in the case.
D. The agency record for review of informal adjudication consists of the official transcript of oral
testimony and any records that were considered, prepared by, or submitted to, the presiding officer
for use in the informal adjudication or by or to the agency on review. The agency shall maintain
these records as its record of the informal adjudication.
§ 407. Emergency adjudication
A. Unless prohibited by law other than this act, an agency may conduct an emergency adjudication
in a disputed case under the procedure provided in this section.
B. An agency may issue an order under this section only to deal with an immediate danger to the
public health, safety, or welfare. The agency may take only action that is necessary to deal with the
immediate danger to the public health, safety or welfare. The emergency action must the limited to
temporary, interim relief.
C. Before issuing an order under this section, the agency, if practicable, shall give notice and an
opportunity to be heard to the person to which the agency action is directed. The notice and hearing
may be oral or written and may be communicated by telephone, facsimile, or other electronic
means. The hearing may be conducted in the same manner as an informal hearing under this
chapter.
D. Any order issued under this section must contain an explanation that briefly explains the factual
and legal basis for the emergency decision.
E. An agency shall give notice of an order to the extent practicable to the person to which the
agency action is directed. The order is effective when issued.
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F. After issuing an order pursuant to this section, an agency shall proceed as soon as feasible to
conduct an adjudication following disputed case procedure under 1 CNCA § 403, or, if appropriate
under this article, informal adjudication under 1 CNCA §§ 405 and 406, in order to resolve the
issues underlying the temporary, interim relief.
G. The agency shall take reasonable and appropriate steps to document the emergency and the
agency response, including the use of field notes, audio, video, or photography.
H. The agency record in an emergency adjudication consists of any testimony or records
concerning the matter that were considered or prepared by the agency. The agency shall maintain
those records as its official record.
I. On issuance of an order under this section, the person against which the agency action is directed
may obtain judicial review without exhausting administrative remedies.
§ 408. Ex parte communications
While a disputed case is pending, the presiding officer shall not receive any communication, direct
or indirect, from any person regarding any issue in the proceeding, without notice and opportunity
for all parties to participate in the communication.
§ 409. Intervention
A. A presiding officer shall grant a petition for intervention in a disputed case if the petitioner has a
statutory right to initiate the proceeding in which intervention is sought.
B. A presiding officer may grant a petition for intervention if the petitioner has an interest that will
or may be adversely affected by the outcome of the proceeding and that interest is not adequately
represented.
C. When intervention is granted or at any subsequent time, the presiding officer may impose
conditions upon the intervener's participation in the proceedings.
D. A presiding officer may permit intervention conditionally, and, at any time later in the
proceedings or at the end of the proceedings, may revoke the conditional intervention.
E. The presiding officer, at least twenty-four (24) hours before the hearing, shall issue an order
granting or denying each pending petition for intervention, specifying any conditions, and briefly
stating the reasons for the order. The presiding officer shall promptly give notice to the petitioner
for intervention and to all parties of an order granting, denying, or modifying intervention.
§ 410. Subpoenas
A. In a disputed case, upon request of a party, the presiding officer may issue subpoenas for the
attendance of witnesses and the production of books, records and other evidence.
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B. After the commencement of a disputed case, when a written request for a subpoena to compel
attendance by a witness or to produce books, papers, records, or records that are relevant and
reasonable is made by a party, the presiding officer shall issue subpoenas.
C. Subpoenas and orders issued under this subsection may be enforced pursuant to the rules of civil
procedure.
§ 411. Discovery
A. For purposes of this section, "statement" includes records signed by a person of his oral
statements, and records that summarize these oral utterances.
B. Except in an emergency hearing under 1 CNCA § 407, a party, upon written notice to another
party at least ten (10) days before an evidentiary hearing, is entitled to:
1. obtain the names and addresses of witnesses to the extent known to the other party; and
2. inspect and make a copy of any of the following material in the possession, custody, or control
of the other party:
i. a statement of a person named in the initial pleading or any subsequent pleading if it is claimed
that respondent's act or omission as to that person is the basis for the adjudication;
ii. a statement relating to the subject matter of the adjudication made by any party to another party
or person;
iii. statements of witnesses then proposed to be called and of other persons having knowledge of
facts that are the basis for the proceeding;
iv. all writings, including reports of mental, physical and blood examinations and objects which the
party then proposes to offer in evidence; and
v. investigative reports made by or on behalf of the agency or other party pertaining to the subject
matter of the adjudication, to the extent that these reports contain the names and addresses of
witnesses or of persons having personal knowledge of the acts, omissions, or events that are the
basis for the adjudication or reflect matters perceived by the investigator in the course of the
investigation, or contain or include by attachment any statement or writing described in this
section.
§ 412. Conversion
A. The adjudication in a disputed case of one type may be converted to an adjudication of another
type under this chapter provided that:
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1. the adjudication at the time of conversion no longer meets the requirements under this chapter
for adjudication of the type for which it was originally commenced; and
2. at the time it is converted it meets the requirements under this chapter for the type of
adjudication to which it is being converted.
B. To the extent practicable and consistent with the rights of the parties and the requirements of
this chapter relative to the new proceeding, the record of the original proceeding must be used in
the new proceeding.
C. The agency may adopt rules to govern the conversion of one type of proceeding under this
chapter to another. The rules may include an enumeration of the factors to be considered in
determining whether and under which circumstances one type of proceeding will be converted to
another.
§ 413. Default
Unless displaced or modified by law other than this act, if a party fails to attend or participate in a
pre-hearing conference, hearing, or other stage of a disputed case, the presiding officer at his
discretion may issue a default order.
§ 414. Licenses
A. This chapter applies when an opportunity for an evidentiary hearing is required by law to
formulate an order granting, denying, renewing, revoking, suspending, annulling, withdrawing,
limiting, transferring, or amending a license.
B. If an opportunity for an evidentiary hearing is not required by law for agency action on an
application for a license, the agency shall give prompt notice of its action in response to the
application. If the agency denies the application under this section, the agency shall include an
explanation of the reasons for denial.
C. When a licensee has made timely and sufficient application for the renewal of a license, the
existing license does not expire until the application has been finally acted upon by the agency and,
if the application is denied or the terms of the new license are limited, the last day for seeking
review of the agency decision or a later date fixed by order of the reviewing court.
§ 415. Orders—Initial and final
A. If the presiding officer is the agency head, the presiding officer shall render a final order.
B. If the presiding officer is not the agency head, the presiding officer shall render an initial order,
which becomes a final order in thirty (30) days, unless reviewed within the thirty (30) days by the
agency head on its own motion or on petition of a party.
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C. Unless the time is extended by stipulation, waiver, or upon a showing of good cause, an initial
or final order must be served in a record within ninety (90) days after conclusion of the hearing or
after submission of memos, briefs, or proposed findings, whichever is later.
D. An initial or final order must include, separately stated, findings of fact and conclusions of law
on all material issues of fact, law, or discretion; on the remedy prescribed, and, if applicable, the
action taken on a petition for stay of effectiveness. If a party has submitted proposed findings of
fact, the order must include a ruling on the proposed findings. The order must also include a
statement of the available procedures and time limits for seeking reconsideration or other
administrative or judicial relief. An initial order must include a statement of any circumstances
under which the initial order, without further notice, may become a final order.
E. Findings of fact must be based exclusively upon the evidence of record in the disputed case and
on matters judicially noticed.
F. A presiding officer shall cause copies of the initial or final order to be delivered to each party
and to the agency head within the time limits set in subsection (C).
§ 416. Agency review of initial orders
A. An agency head, upon its own motion, may review an initial order. A party may appeal an
initial order. Upon appeal by any party, the agency head shall review an agency order, except to the
extent that:
1. a provision of law precludes or limits agency review of the initial order; or
2. the agency head, in the exercise of discretion conferred by a provision of law, declines to review
the initial order.
B. An appeal from an initial order must be filed with the agency head, or with any person
designated for this purpose by rule of the agency, within ten (10) days after the initial order is
rendered. If the agency head on its own motion decides to review an initial order, the agency head
shall give written notice of its intention to review the initial order within ten (10) days after it is
rendered. The ten (10) day period for a party to file an appeal or for the agency head to give notice
of its intention to review an initial order is tolled by the submission of a timely petition for
reconsideration of the initial order pursuant to 1 CNCA § 415. A new ten (10) day period starts to
run upon disposition of the petition for reconsideration. If an initial order is subject both to a timely
petition for reconsideration and to a petition for appeal or to review by the agency head on its own
motion, the petition for reconsideration must be disposed of first, unless the agency head
determines that action on the petition for reconsideration has been unreasonably delayed.
C. An agency head that reviews an initial order shall exercise all the decision-making power that
the agency head would have had if the agency head had conducted the hearing that produced the
initial order, except to the extent that the issues subject to review are limited by a provision of law
or by the agency head upon notice to all the parties. In reviewing findings of fact in initial orders
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by presiding officers, the agency head shall give due regard to the presiding officer's opportunity to
observe the witnesses. The agency head shall personally consider the whole record or such portions
of it as may be cited by the parties.
D. An agency head may render a final order disposing of the proceeding or may remand the matter
for further proceedings with instructions to the presiding officer who rendered the initial order.
Upon remanding a matter, the agency head may order such temporary relief as is authorized and
appropriate.
E. A final order or an order remanding the matter for further proceedings under this section must
identify any difference between this order and the initial order and shall state the facts of record
which support any difference in findings of fact, state the source of law which supports any
difference in legal conclusions, and state the policy reasons which support any difference in the
exercise of discretion. A final order under this section must include, or incorporate by express
reference to the initial order, all the matters required by 1 CNCA § 415(D). The agency head shall
cause an order issued under this subsection to be delivered to the presiding officer and to all
parties.
§ 417. Reconsideration
A. Any party, within 15 days after notice of an initial or final order is rendered, may file a petition
for reconsideration that states the specific grounds upon which relief is requested. The place of
filing and other procedures, if any, shall be specified by agency rule.
B. Filing a petition for reconsideration is not a prerequisite for seeking administrative or judicial
review.
C. No petition for reconsideration may stay the effectiveness of an order.
D. If a petition for reconsideration is timely filed, and the petitioner has complied with the agency's
procedural rules for reconsideration, if any, the time for filing a petition for judicial review does
not commence until the agency disposes of the petition for reconsideration as provided in 1 CNCA
§ 504(D).
E. If a petition is filed under subsection (A), the presiding officer shall render a written order
within 20 days denying the petition, granting the petition and dissolving or modifying the initial or
final order, or granting the petition and setting the matter for further proceedings. The petition may
be granted only if the presiding officer states findings of facts, conclusions of law, and the reasons
for granting the petition.
§ 418. Stay
Except as otherwise provided by law other than this act, a party may request an agency to stay an
initial or final order within five days after it is rendered.
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§ 419. Availability of orders—Index
A. Except as otherwise provided in subsection (B), an agency shall index, by caption and subject,
all final orders in disputed cases and give public notice of the index and orders.
B. Final orders privileged by law or order of court and final orders, the disclosure of which would
constitute an unwarranted invasion of privacy or release of trade secrets, are not public records and
may not be indexed.
C. In each case in which a final order is excluded under subsection (B), the justification for the
exclusion must be explained in writing and attached to the order.
D. An agency may not rely on a final order as precedent in future adjudications unless the order
has been indexed and given public notice.
E. An agency may not change, repeal, alter or modify a rule that the agency has enacted under
Chapter 3 through adjudication under this chapter.
§ 420. Agency record in disputed case
A. An agency shall maintain an official record of each disputed case.
B. The agency record consists only of:
1. notices of all proceedings;
2. any pre-hearing order;
3. any motions, pleadings, briefs, petitions, requests, and intermediate rulings;
4. evidence received or considered;
5. a statement of matters judicially noticed;
6. proffers of proof and objections and rulings thereon;
7. proposed findings, requested orders, and exceptions;
8. the record prepared for the presiding officer at the hearing, and any transcript of all or part of the
hearing considered before final disposition of the proceeding;
9. any final order, initial order, or order on reconsideration; and
10. all memoranda, data or testimony prepared under 1 CNCA § 410.
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C. Except to the extent that this act or another statute provides otherwise, the agency record
constitutes the exclusive basis for agency action in a disputed case and for judicial review of the
case.
CHAPTER 5
JUDICIAL REVIEW
§ 501. Judicial review generally
A. Except as otherwise provided by this chapter, a person is entitled to judicial review of final
agency action affecting that person.
B. Final agency action for purposes of this chapter is agency action that imposes an obligation,
denies a right, or fixes some legal relationship as a consummation of the administrative process.
C. A person otherwise qualified under this chapter is entitled to judicial review of agency action
not subject to review under subsection (A) if postponement of judicial review would result in:
1. an inadequate remedy or substantial and irreparable harm to that person that outweighs the
public benefit derived from postponement; and
2. it appears likely that the person will prevail in judicial review of the agency action.
D. The District Court shall conduct judicial review.
E. Venue shall be in Tahlequah unless allowed elsewhere in Cherokee Nation by court rule and
agreed by the parties.
§ 502. Review of agency action other than order
A person otherwise qualified under this chapter is entitled to judicial review of agency rules and
agency action other than an order if:
1. the agency action is intended to be final or is the completion of action on that issue;
2. postponement of judicial review of that issue would subject the person affected to a risk of
substantial harm; and
3. the issue involved is fit and appropriate for judicial resolution; and
4. the judicial action does not substantially interfere with development of agency policy.
§ 503. Rules of procedure
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A. Subject to this section, judicial review of agency action may be taken only by proceeding as
provided by Cherokee Nation Rules of Civil Procedure.
B. A petition for review must be filed with the Clerk of the Court.
C. Fees shall be paid as established by the Court.
D. A petition for review must set forth:
1. the name and mailing address of the petitioner;
2. the name and mailing address of the agency whose action is at issue;
3. identification of the agency action at issue, together with a duplicate copy, summary, or brief
description of the agency action;
4. identification of persons who were parties in any adjudicative proceedings that led to the agency
action;
5. facts to demonstrate that the petitioner is entitled to obtain judicial review;
6. the petitioner's reasons for believing that relief should be granted; and
7. a request for relief, specifying the type and extent of relief requested.
E. A petition for review must be served by personal delivery or first-class mail with evidence of
delivery on the agency, the Office of the Principal Chief, and all other parties in any adjudicative
proceedings that led to the agency action.
§ 504. Time for seeking judicial review of agency action
A. Judicial review of a rule may be sought at any time after the date thirty (30) days before the
effective date of the rule.
B. Judicial review of an order or other agency action other than a rule must be commenced within
thirty (30) days after issuance of the order or other agency action if the record of the action
provides notice that it is a final agency action and notes the thirty- (30) day time limit for judicial
review.
C. If a final agency action other than a rule does not provide notice as required in subsection (B),
then judicial review may be sought within two (2) years of the action becoming final.
D. A time for seeking judicial review under this section is tolled during any time a party is
pursuing an administrative remedy before the agency which must be exhausted as a condition of
judicial review.
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E. A party may not file or petition for judicial review while seeking reconsideration under 1 CNCA
§ 417. During the time that a petition for reconsideration is pending before an agency, the time for
seeking judicial review in subsection (B) is tolled.
§ 505. Stays pending appeal
The initiation of judicial review does not automatically stay a decision of the agency appealed
from. An appellant may petition the reviewing court for a stay upon a showing of immediate,
unavoidable, irreparable harm, and a colorable claim of error in the agency proceedings. The
reviewing court may grant a stay whether or not the appellant first sought a stay from the agency.
§ 506. Standing
The following persons have standing to obtain judicial review of an agency action:
1. a person to which, or against which, the agency action is specifically directed;
2. a person that was a party to the agency proceedings that led to the agency action;
3. a person eligible for standing under law of Cherokee Nation other than this act; and
4. a person aggrieved or adversely affected by the agency action.
§ 507. Exhaustion of administrative remedies
A. Except as otherwise provided in subsection (B), a person may file a petition for judicial review
under this act only after exhausting all administrative remedies available within the agency whose
action is being challenged and within any other agency authorized to exercise administrative
review, except a petition for reconsideration.
B. A petitioner for judicial review of a rule need not have participated in the rulemaking
proceeding upon which that rule is based.
C. If the issue that a petitioner for judicial review under this subsection challenges was not raised
and considered in a rulemaking proceeding:
1. before bringing a petition for judicial review, the petitioner must petition the agency to initiate
rulemaking under 1 CNCA § 317 to take action to resolve or cure the issue or issues that the
petitioner is challenging; and
2. in the petition for judicial review the petitioner must disclose the petition to the agency for
rulemaking and the final agency action on that petition.
D. A petitioner need not have exhausted his administrative remedies if this act or a statute other
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than this act provides that exhaustion is not required.
E. The Court may relieve a petitioner of the requirement to exhaust any or all administrative
remedies to the extent that the administrative remedies are inadequate or would result in irreparable
harm.
§ 508. Agency record on judicial review
A. Judicial review of adjudication and rulemaking is confined to the agency record except as
allowed by this section.
B. Within thirty (30) days after service of the petition, or within further time allowed by the Court
or by other provision of law, the agency shall transmit to the Court the original or a certified copy
of the agency record for judicial review of the agency action.
C. By stipulation of all parties to the review proceedings, the record may be shortened,
summarized, or organized.
D. The Court may tax the cost of preparing transcripts and copies for the record against a party
who unreasonably refuses to stipulate to shorten, summarize, or organize the record.
E. The Court may admit additional evidence when:
1. explanation or background of the decision is required;
2. a party alleges that the administrative record presented to the Court fails to disclose evidence or
factors considered by the agency;
3. no record exists in cases where agencies are sued for a failure to take action; or
F. The Court may receive additional evidence if it is needed to decide disputed issues regarding:
1. improper constitution as a decision-making body, or improper motive or grounds for
disqualification, of those taking the agency action;
2. unlawfulness of procedure or of decision-making process;
3. any material fact that was not required by any provi
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