# CROW TRIBE OF INDIANS -

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## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

CONSTITUTION
AND BYLAWS
OF THE
CROW TRIBE OF INDIANS -

CROW INDIAN RESERVATION, CROW AGENCY, MONTANA

PREAMBLE

We, the adult members of the Crow Tribe of Indians located on the Crow Indian Reservation as
established by the Fort Laramie Treaties of 1851 and 1868, in an effort to enforce and exercise
our treaty rights, our inherent sovereign rights, to secure certain privileges and retain inherent
powers do hereby adopt this Constitution to create a governing body to represent the members of
the Crow Tribe of Indians, to promote the general welfare of the Crow Tribe and to provide for
the lawful operation of government.

ARTICLE I - GOVERNING BODY

The traditional name of the government of the Crow Tribe of Indians of the Crow Indian
Reservation shall be the Apsaalooke Nation Tribal General Council hereinafter known formally
as the Crow Tribal General Council. The Crow Tribal General Council as governing body of the
Crow Tribe of Indians hereby establishes three branches of government, the Executive,
Legislative and Judicial Branches, which shall exercise a separation of powers. The Crow Tribal
General Council shall consist of all adult enrolled members of the Crow Tribe of Indians
eighteen (18) years of age or older who are entitled to vote.. Descendant members of the Crow
Tribe shall not be included in the Crow Tribal General Council of the Crow Tribe. The Crow
Tribal General Council shall meet biannually for the purpose of receiving information from the
Executive and Legislative Branches. The Crow Tribal General Council shall vote, by secret
ballot, on all petitions forwarded by the Executive or Legislative Branches for removal of a
Tribal Official or an Executive Branch member or to vote on a referendum or initiative in
accordance with Article IX of this Constitution.

Any rights or powers heretofore vested in the Crow Tribe of Indians but not expressly referred to
in this Constitution shall not be lost by reason of their omission from this Constitution but may
be exercised by the Crow Tribal General Council through the adoption of appropriate
amendments to this Constitution.

Crow Tribal Constitution - Page | Approved by Council: July 14, 2001

Effective Date: July 14, 2001

Secretarial Signature: 12/04/2001
=. 2. ARTICLE IL- TERRITORY —

The jurisdiction of the Crow Tribal General Council shall extend to all lands within the exterior
boundaries of the Crow Indian Reservation including those lands within the original boundaries
of the Crow Indian Reservation as determined by federal statutes and case law and to such other
lands as may hereafter be acquired by or for the Crow Tribe of Indians.

ARTICLE III - MEMBERSHIP

Section 1. Membership Criteria. The Crow Tribal General Council shall have the inherent

authority to determine membership of the Crow Tribe of Indians. Membership shall be
determined as follows:

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

(b) all those persons who are enrolled as Crow Indians on the date of passage of this
Constitution; or

(c) all descendants of such Crow Indians referred to above with the enrollment status
and benefits of such descendants determined by the Crow Tribal Enrollment
Ordinance.

Section 2. Dual Membership Prohibited. No person who is or becomes a member of another
tribe, band or group of Indians shall be eligible for enrollment in the Crow Tribe of Indians

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

Section 3. Enrollment Ordinance. The Crow Tribal General Council shall have the power to
adopt ordinances, consistent with this Constitution, governing future membership and,loss of
membership of members of the Crow Tribe of Indians.

ARTICLE IV - EXECUTIVE BRANCH OF GOVERNMENT

Section 1. Executive Officers. The Crow Tribal General Council shall elect from its
membership by secret ballot an Executive Branch of Government which shall consist of a
Chairperson, Vice-Chairperson, Secretary and Vice-Secretary. Each Executive Officer shall be
elected by the qualified voters in an election held in accordance with an Election Ordinance duly
adopted by the Crow Tribe. The Executive Branch of the Crow Tribe shall operate as a separate
and distinct branch of the Crow Tribal Government and shall exercise ‘a separation of powers
from the other branches of the Crow Tribal Government. Members of the Executive Branch
shall serve a four (4) year term or until their successors are duly elected and installed. No person
may serve as Tribal Chairman, Vice-Chairman, Secretary or Vice-Secretary for more than two
(2) four (4) year terms. A person may not serve in other Executive Branch positions after
serving two (2) four (4) year terms as Tribal Chairman. A person may serve two (2) four (4)
year terms in the positions of Vice-Secretary, Secretary and Vice-Chairman and still serve in the

Crow Tribal Ceustitution - Page 2
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_...other Executive Branch positions of a higher level forup to two (2) terms. A pe

ae - ——

rson may not

serve in-lowerlevel-positions after comipleting terms in a higher level position. ©

Section 2. Executive Officer Compensation. The Executive Branch Officials shall serve the

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

Tribal Officials shall also be entitled to compensation for travel and expenses. Further, all
Executive Branch Officials will receive no additional or personal benefits for their service to the

Tribe.

Section 3. Enumerated Powers. The Executive Branch shall exercise the following powers and

responsibilities herein provided, subject to any limitations imposed upon such powers by the
statutes and laws of the United States:

(a)

(b)

(d)

(e)

(f)

(g)

represent the Crow Tribe of Indians in negotiation with Federal, State and local
governments and other agencies, corporations, associations, or individuals in
matters of welfare, education, recreation, social services and economic
development affecting the Crow Tribe of Indians;

administer and oversee all functions of the Executive Branch of the Crow Tribal
Government including the hiring, firing, and staffing of all agencies, departments,
and instrumentalities of the Executive Branch in accordance with established
written policy;

engage in any business that will further the economic well-being of the members
of the Tribe and undertake any economic development activity which does not
conflict with the provisions of the Constitution;

administer any funds within the control of the Tribe and make expenditures from
available funds for tribal purposes, including salaries and expenses of Tribal
Officials or employees and prepare an annual budget for the operation of the
Tribal Government, including separate budgets for the Legislative and Judicial
Branches, for approval by the Legislative Branch of the government and the
Secretary of the Interior;

employ legal counsel for the protection and advancement of the rights of the
Crow Tribe and its members;

negotiate and approve or prevent any sale, disposition, lease or encumbrance of
Tribal lands, interests in-lands or other Tribal assets, including buffalo, minerals,
gas and oil with final approval granted by the Legislative Branch;

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

Legislative Branch providing for the levying of taxes and licensing of members
and non-members for various purposes;

Crow Tribal Constitution - Page 3 aor ree, Sheena MAME
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exclude fromthe canes leads of the Crow-Trbe.of tidians persons. not legally —

~ entitled fo reside therein, under ordinances which shall be adopted by the ©

Legislative Branch;

purchase, under condemnation proceedings in courts of competent jurisdiction,
land or other property needed for public purposes, under ordinances which shall
be adopted by the Legislative Branch;

protect and preserve the property, wildlife, and natural resources including air and
water of the Tribe in accordance with ordinances adopted by the Legislative
Branch; and

negotiate and approve limited waivers of sovereign immunity when such a waiver
is necessary for business purposes in accordance with Article V, Section 2(f) of
this Constitution.

Section 4, General Duties. The general duties of the Executive Branch Officials shall be:

(a)

-_ (b)

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

to provide for the fiscal management of the Executive Branch and prepare
complete financial reports for the Crow Legislative Branch on a quarterly basis
and biannual reports for the Crow Tribal General Council. The Executive Branch
shall set the financial budget for the Legislative and Judicial Branches.

Section 5. Chairman’s Duties and Authorities. The specific duties and authorities of the

Chairman shall be:

(a)

(b)
(c)

.

to appoint Cabinet members including a Comptroller who shall be bonded, Chief
Executive Officer and other such Cabinet positions adopted by Tribal Ordinance,
Resolution or Policy who shall all serve in subordinate positions to the Tribal
Officials; Taint RESoVUTION SACOZO¢F

to appoint committee members to Executive Branch committees;

to delegate, at his prerogative, his authority, in writing, to the Vice-Chairman
when the Chairman is unavailable due to illness or death in the family. The
Tribal Chairman may also, at his prerogative, delegate his authority to the Vice-
Chairman in wniting from time to time for specific purposes or projects and for
specific periods of time. An automatic delegation of authority from the Chairman
to the Vice-Chairman shall occur if the Chairman is unavailable or absent for a
period of five working days.

Crow Tribal Constitution - Page 4
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Section 6. Secretarv’s Duties. .The specific duties and authorities of the Secretary of the—— ---. —-....

Executive Branch shall be:

(a) to keep records of all actions of the Executive Branch, insure proper reports in
accordance with this Constitution are forwarded to the Crow Tribal General
Council; and

(b) to delegate, at his prerogative, his authority, in writing, to the Vice-Secretary
"when the Secretary is unavailable due to illness or death in the family. The
Secretary may also, at his prerogative, delegate his authority to the Vice-Secretary
in writing from time to time for specific purposes or projects and for specific
periods of time. An automatic delegation of authority from the Secretary to the
Vice-Secretary shall occur if the Secretary is unavailable or absent for a period of
five working days.

ARTICLE V - LEGISLATIVE BRANCH OF GOVERNMENT

Section 1. Membership. The Crow Tribal General Council shall elect three members from each -

of the established districts within the Crow Reservation known as Valley of the Giveaway or
Big Horn, Black Lodge, Valley of the Chiefs or Lodge Grass, Arrow Creek or Pryor, Center
Lodge or Reno, and Mighty Few or Wyola, to serve as legislators comprising the Legislative
Branch of the Crow Tribal government. The election of members of the Legislative Branch of
government shall be by secret ballot voting in each of the Crow Reservation Districts. The duly
elected members of the Legislative Branch shall be officially seated thirty (30) days after
election. The Legislative Branch of the Crow Tribe shall operate as a separate and distinct
branch of the Crow Tribal Government and shall exercise a separation of powers from the other
branches of the Crow Tribal Government. The initial election of the Legislative members shall
be held within sixty (60) days of approval of this Constitution. Thereafter, the members of the
Legislative Branch shall be elected by qualified voters in an election held in accordante with an
Election Ordinance duly adopted pursuant to Article VI, Section 5 of this Constitution. One (1)
representative from each district will serve an initial term of two (2) years and two (2)
representatives shall serve initial four (4) year terms. After completion of the initial terms,

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

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

Section 2. Powers and Duties. The powers and duties of the Legislative Branch shall be:

(a) to promulgate and adopt laws, resolutions, ordinances, codes, regulations, and
guidelines in accordance with this Constitution and federal laws for the
governance of the Crow Tribe of Indians and for providing for the manner of the
sale, disposition, lease or encumbrance of tribal lands, interests in land, or other
assets of the Crow Tribe of Indians; for providing for the levying of taxes,
licensing of members and non-members for various purposes; for the exclusion of
persons not legally entitled to reside or remain within the exterior boundaries of

Crow Tribal Constitution - Page 5
_ the Crow Indian Reservation;.__..... a

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(b) to adopt legislation, not inconsistent with this Constitution, which is necessary in
exercising the duties conferred upon the three branches of government;

(c) to adopt legislation chartering instrumentalities of the Crow Tribe for the
purposes of economic development, housing, education or other purposes not
inconsistent with this Constitution;

(d) _ to grant final approval or disapproval of items negotiated by the Executive Branch
of Government pertinent to the sale, disposition, lease or encumbrance of Tribal
lands, interests in lands or mineral assets provided that a process for such
approval or disapproval may be established. by legislation;

(e) to grant final approval or disapproval of an annual budget prepared by the
Executive Branch of Government; and

(f) to grant final approval or disapproval of limited waivers of sovereign immunity
by the Executive Branch of Government when waivers are necessary for business
purposes provided that a process for such approval or disapproval may be
established by legislation.

Section 3. Meetings. The Legislative Branch of the Crow Tribal Government shall meet
quarterly during the second week of January, April, July and October at the Crow Tribal
Administration Offices. The Legislative Branch shall be compensated on an hourly rate basis for
their services and entitled to expenses in accordance with Tribal policy. The meetings of the
Legislative Branch shall be conducted in accordance with the most current version of the
Robert’s Rules of Order and any rules of conduct duly adopted by the Legislature. A quorum for
the Legislative Branch shall be twelve (12) members plus the Speaker of the House. "Legislators
may not vote by proxy. Upon a tie vote of the legislators, the Vice-Chairman of the Executive
Branch shall vote to break the tie.

Section 4. Speaker of the House. At the initial session of the Legislature, the members shall
select a Speaker of the House to serve until the following January. Thereafter elections for
Speaker of the House shall be each January. The Speaker of the House shall be entitled to vote.
The Speaker of the House shall conduct all sessions of the Legislative Branch. Upon the
unavailability or absence of the Speaker, the members may select a Speaker of the House pro
tem for the one session, or a portion of the session, only.

Section 5. Secretary of the Legislature. At the initial session of the Legislature, the members
shall select a Secretary of the Legislature to serve until the following January. Thereafter
elections for Secretary of the Legislature shall be each January. The Secretary of the Legislature
shall be entitled to vote. The Secretary of the Legislature shall provide notices of meeting times,
dates and location to all other members of the Legislative Branch in accordance with rules
established and adopted by the Legislative Branch. The Secretary of the Legislature shall keep

Crow Tribal Constitution - Page 6
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-——

Legislative Branch.

Section 6. Proposed Legislation. Each member of the Legislature shall bring any proposed
legislation to the legislative body for consideration at the initial session of the Crow Tribal
Legislature. Thereafter, Members of the Legislature shall hold a District meeting at least thirty
(30) days prior to the commencement of each legislative session. The District Representative
shall-provide notice of district meetings at least ten (10) days prior to the meeting and in
accordance with policy established by the Legislature. At least fifteen (15) days prior to the
commencement of the legislative session, each member may submit proposed legislation, with a
petition bearing signatures, addresses and enrollment numbers of at least ten percent (10%) of
the District’s eligible voters, as recorded in the voter registration roles of each District, to the
Secretary of the Legislature. The Secretary of the Legislature shall provide notice to all
members of the Legislature, ten (10) days prior to the commencement of the session, with a list

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

Section 7. Executive Branch Chairman’s Proposed Legislation. The Chairman of the Executive
Branch shall submit proposed legislation to the Secretary of the Legislature at least fifteen (15)
days prior to the commencement of the Legislature.

Section 8. Approval and Veto of Legislation. All legislation passed by the Legislature must be
approved by the Chairman of the Executive Branch to become effective. The Chairman has a
right to veto any legislation passed by the Legislature. Upon a veto of any proposed legislation
by the Chairman, the Legislature has the power to override the veto if the proposed legislation is
approved by two-thirds (2/3) of the members of the Legislature. Upon an override of the
Chairman’s veto, the Chairman may submit the subject legislation to the Crow Tribal General
Council for a referendum vote in accordance with Article IX, Section 1 of this Constitution.

Section 9. Conflict of Interest. Any member of the Legislature who stands to gain a personal
benefit from any proposed legislation shall remove himself from all discussion and the vote on
the legislation. Upon a member’s recusal from consideration of proposed legislation due to a
conflict of interest, the member shall not be counted for purposes of establishing a quorum.

ARTICLE VI - ELECTIONS

Section 1. Executive Branch Elections. The current Tribal Officials, constituting the Executive
Branch of the Crow Tribal Government, in office at the time of approval of this Constitution by
the Secretary of the Interior or his authorized representative, shall remain in office until their
successors are duly elected in November, 2004 and seated in December, 2004. Thereafter,
elections for all Executive Branch positions shall be held every four (4) years in the month of
November with inauguration into office in December.

Section 2. Legislative Branch Elections. The Crow Tribal General Council shall hold an election

Crow Tribal Constitution - Page 7
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of members of the Legislative Branch.within-sixty-(60) days of approval of this Constitution-by- - --—-
the-Secretary of Interior or his auttiorized representative. The initial election of the Legislative |

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

filing fee with the Secretary of the Executive Branch within thirty (30) days of approval of this
Constitution and after proper notice is posted in each Crow Reservation District. The election of
members of the Legislative Branch of government shall be by secret ballot voting in each of the

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

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

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

election ordinance.

Section 3. Eligible Voters. Crow Tribal General Council members who are eighteen (18) years

of age or older at the time of election shall be entitled to vote in any election of the Executive
Branch, Legislative Branch, committee elections and referendum votes. Descendant members of |
the Crow Tribe shall not be entitled to vote.

Section 4. Candidate Requirements. All candidates for all branches of the Crow Tribal
Government must physically reside within the exterior boundaries of the Crow Reservation for at
least one year and must be thirty (30) years of age for any Executive Branch position and
twenty-five (25) years of age for any Legislative Branch position. Candidates must further
possess a high school diploma or a General Equivalency Diploma, unless over 55 years of age
and all candidates shall have no felony convictions. Candidates for the Legislative Branch
cannot be employed by the Executive Branch and members of the Legislature are prohibited
from employment by the Crow Tribe. No person elected into any position in any branch of the
Crow Tribal Government may be employed by the United States Government Bureau of Indian
Affairs, Indian Health Service or other federal agencies.

Section 5. Election Ordinance. The Legislative Branch of the Crow Tribal Govemment shall
adopt a comprehensive election ordinance within six (6) months following the effectlye date of
this Constitution. Such ordinance shall prescribe procedures for the conduct of elections,
nominations, secret balloting, and resolving election disputes. Provisions shall also be included
regarding the conduct of recall and referendum elections. Elections to amend this Constitution
shall be conducted in accordance with Article XII of this Constitution.

ARTICLE VII - VACANCIES

Section 1. Executive Branch. If an officer of the Executive Branch of the Crow Tribal
Government shall die, resign, be removed or recalled, or be convicted of a felony while in office,
the Chairman of the Executive Branch, or his official designee, shall immediately declare the
office vacant and direct the Secretary of the Executive Branch, or his official designee, to hold
an election within sixty (60) days of the declaration of vacancy to elect a successor to fill the
unexpired term. The election shall occur in accordance with the duly adopted election
ordinance. If the position of Chairman shall become vacant, the Vice-Chairman shall act as
Chairman until the election of a new Chairman. If the position of Secretary shall become vacant,
the Vice-Secretary shall act as Secretary until the election of a new Secretary.

Crow Tribal Constitution - Page &
—

_Section.2. Legislative Branch. If an officer of the-Legislative Branch of the-Crow Tribal -.

—

~

Government shall die, resign, be removed or recalled, or be convicted of a felony while in office,
the Speaker of the House of the Legislative Branch, or his official designee, shall immediately
declare the office vacant and direct the Secretary of the Executive Branch, or his official
designee, to hold an election in the appropriate district within sixty (60) days of the declaration
of vacancy to elect a successor to fill the unexpired term. The election shall occur in accordance
with the duly adopted election ordinance.

ARTICLE VII - REMOVAL AND RECALL

Section 1. Executive Branch. An Executive Branch Official may submit a petition to expel any
other member of the Executive Branch who is suspected of improper conduct or of gross neglect
of duty as specifically defined by the Crow Tribal General Council, by its Legislative Branch, in
adopted policy. Such policy shall include the following:

(a) indictment or charged with a felony crime;

(b) ~ serious illness which interferes with the ability to fulfill Council responsibilities;
. (c) misuse of tribal funds;

(d) abuse of authority; and

(e) abuse of drugs and/or alcohol.

The petition may not be submitted to the Crow Tribal General Council without the unanimous
vote of the remaining officials not named in the petition. The properly submitted petition by the:
Executive Branch, with a complete statement of the charges against him/her, shall be provided to
the subject Official at least ten (10) days before a scheduled hearing on the petition before the
Crow Tribal General Council. The hearing before the Crow Tribal General Council on the
removal petition shall be conducted by the Chairman of the Executive Branch or his designee.
The hearing shall allow the Official named in the petition full opportunity to address allegations
against him/her. Following the hearing, the Crow Tribal General Council shall vote’upon the
removal petition by secret ballot. The removal petition must pass by a two-thirds (2/3) majority
vote. A removal petition election shall not be valid unless at least twenty-five percent (25%) of
the Crow Tribal General Council vote in the removal petition election. The decision of the Crow
Tribal General Council shall be final. No member of the Executive Branch shall preside over the
meeting at which his removal is being considered.

Section 2. Legislative Branch. A Legislative Branch Official may submit a petition to expel any

other member of the Legislative Branch who is suspected of improper conduct or of gross
neglect of duty as specifically defined by the Crow Tribal General Council, by its Legislative
Branch, in adopted policy. Such policy shall include the following:

(a) indictment or charged with a felony crime;

(b) serious illness which interferes with ability to fulfill Council responsibilities;
(c) misuse of Tribal funds; _

(d) abuse of Authority; and

(e) abuse of Drugs and/or Alcohol.

Crow Tribal Constitution - Page 9
a %. ~—

The petition may not be submitted to the Crow Tribal General Council without a two-thirds (2/3)
majority vote of the remaining legislators not named in the petition. The properly submitted
petition by the Legislative Branch, with a complete statement of the charges shall be provided to
the subject Legislator at least ten (10) days before a scheduled hearing on the petition before the
Crow Tribal General Council. The hearing before the Crow Tribal General Council on the
removal petition shall be conducted by the Chairman of the Executive Branch or his designee.
The hearing shall allow the Legislative Member named in the Petition full opportunity to address
allegations against him/her. Following the hearing, the Crow Tribal General Council shall vote
upon the removal petition by secret ballot. The removal petition must pass by a two-thirds (2/3)
majority vote. A removal petition election shall not be valid unless at least twenty-five percent
(25%) of the Crow Tribal General Council vote in the removal petition election. The decision of
the Crow Tribal General Council shall be final.

Section 3. Recall. Upon receipt of a petition signed by at least twenty-five percent (25%) of the
Crow Tribal General Council demanding a recall of any member of the Executive or Legislative
Branches of government, it shall be the duty of the Secretary of the Executive Branch to calla
special election at a Crow Tribal General Council meeting on the question of the recall within
thirty (30) days from the date of the filing of a valid petition. The person subject to the recall
petition shall be provided ten (10) days notice of the petition prior to the Crow Tribal General
Council meeting called to vote upon the recall petition. At the Crow Tribal General Council
meeting, the officer or member subject to the recall petition shall be given an opportunity to
answer any or all charges prior to the vote of the petition. The recall petition must pass bya
two-thirds (2/3) majority vote. A recall petition election shall not be valid unless at least twentyfive percent (25%) of the total number of members of the Crow Tribal General Council vote in

the recall petition election. The election shall be held in the manner prescribed by tribal
ordinance.

ARTICLE IX - REFERENDUM AND INITIATIVE

Section 1. Referendum. The Tribal Secretary of the Executive Branch shall, upon receipt of a
petition signed by not less than twenty-five percent (25%) of the qualified voters, submit any
enacted or proposed tribal legislation to a referendum of the Crow Tribal General Council. The
Tribal Secretary also shall submit any legislation vetoed by the Chairman of the Tribe that has
been overridden by the Legislature to a referendum of the Crow: Tribal General Council only
upon the Chairman’s request. The decision of a two-thirds (2/3) majority of the voters voting in
the referendum shall be final and binding, provided that at least twenty-five percent (25%) of the
total number of members of the Crow Tribal General Council have voted in such election. The
Tribal Secretary shall call the referendum within thirty (30) days from the date of receipt ofa
valid petition. The vote shall be by secret ballot.

Section 2. Initiative. Members of the Crow Tribal General Council reserve the power to independently
propose tribal legislation. Any proposed initiative measure stall be presented to the Secretary of the
Executive Branch accompanied by a petition signed by not less than twenty-five percent (25%) of the
total number of members of the Crow Tribal General Council. Upon receipt of such a petition, the

Crow Tribal Constitution - Page 10
~

_._Secretary.of the Executive.Branch shall call a special.election for-the-purpose-efallowing the Crow
Tribal General Council to vote on the initiative measure. The election shall be held within thirty (30)
days from the date of receipt of a valid petition. The decision of a two-thirds (2/3) majority of the voters
voting in the initiative shall be final and binding, provided that at least twenty-five percent (25%) of the
total number of members of the Crow Tribal General Council have voted in such election.

ARTICLE X - JUDICIAL BRANCH OF GOVERNMENT

A Judicial Branch of the Crow Tribal Government shall consist of all courts established by the Crow
Law and Order Code and in accordance with this Constitution. The Judicial Branch shall have
jurisdiction over all matters defined in the Crow Law and Order Code. The Judicial Branch shall be a
separate and distinct branch of government from the Legislative and Executive Branches of Crow Tribal
Government. The election process for the Judicial Branch judges shall be in accordance with the Crow
Law and Order Code. Qualifications for the Judicial Branch Judges shall be established in the Crow
Law and Order Code. The Judicial Branch shall have no power to review Executive Branch decisions
made within the scope of the enumerated powers of the Executive Branch. The Judicial Branch shall
have a limited review of legislation passed by the Legislative Branch to determine whether the subject
legislation is consistent with or in conflict with this Constitution.

ARTICLE XI - BILL OF RIGHTS

Section 1. The rights to freedom of worship, conscience, speech, press, assembly and association of
members of the Crow Tribe of Indians shall not be abridged or hindered without due process of law.

Section 2. This Constitution shall not in any way alter, abridge, or otherwise jeopardize the rights and
privileges of the members of the Crow Tribe of Indians as citizens of the United States.

Section 3. The individual property rights of any member of the Crow Tribe of Indians shall not be
altered, abridged or otherwise affected except as specifically provided in this Constitution.

Section 4. In accordance with Title II of the Indian Civil Rights Act of 1968 (82 Stat. 77), the Crow
Tribe of Indians in exercising its powers of self-government shall not:

(a) make or enforce any law prohibiting the full exercise of religion, or abridging the
freedom of speech, or of the press, or the right of the people peaceably to assemble and to
petition for a redress of grievances;

(b) violate the right of the people to be secure in their persons, houses, papers and effects
against unreasonable search and seizure, nor issue warrants, but upon probable cause,
supported by oath or affirmation, and particularly describing the place to be searched and
the person or thing to be seized;

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

(d) compel any person in any criminal case to be a witness against him/herself,

Crow Tribal Constitution - Page 11
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—~~(e) ~~ take’any private property for a public use without just compensation;

(f) deny to any person in a criminal proceeding the right to a speedy trial, to be informed of
the nature and cause of the accusation, to be confronted with the witnesses against him,
to have compulsory process for obtaining witnesses in his favor, and, to have the
assistance of counsel for his defense at his/her own expense;

(g)- require excessive bail, impose excessive fines, inflict cruel and unusual punishments, and
in no event impose for conviction of any one offense any penalty or punishment greater
than imprisonment for a term of one (1) year or a fine of $1000 or both;

(h) deny to any person within its jurisdiction the equal protection of its law or deprive any
person of liberty or property without due process of laws;

(i) pass any bill of attainder or ex post facto law;

(j) deny to any person accused of an offense punishable by imprisonment the right, upon
request, to a trial by jury of not less than six (6) persons.

ARTICLE XII - AMENDMENTS

This Constitution may be amended by a two-thirds (2/3) vote of the Crow Tribal General Council
provided that at least thirty percent (30%) of the Crow Tribal General Council vote in an election called
for the purpose of amending the Constitution. The process to propose amendments to this Constitution
shall be defined by the Legislative Branch in legislation which complies with the requirements of this
Article of the Constitution. No amendment shall become effective until approved by the Secretary of
the Interior or his duly authorized representative.

ARTICLE XIII - ADOPTION
This Constitution, when adopted by a majority vote of the qualified voters of the Crow Tribal General

Council voting at an election called for that purpose shall be submitted to the Secretary of the Interior
for his approval, and shall be effective from the date of his approval.

ARTICLE XIV - SEVERABILITY
If any provision of this Constitution shall in the future be declared invalid by a Court of

competent jurisdiction, the invalid portion shall be severed and the remaining provisions shall
continue in full force and effect.

Crow Tribal Constitution - Page 12
ARTICLE X¥- APPROVAL
L Secretary of the Interior, or designee, do hereby approve this Constitution of the Crow Tribe
of Indians in accordance with Article XV of this Constitution. It is effective as of
July 14, 2001, provided, that nothing in this approval shall be canstrued as authorizing any

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

Nhe

Secrotary of Interior or Designee
Washington, D.C.

DEC 0 4 2001
Date:

Cone Tribal Camdinuias - Pago 13

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aeastern_shoshone%3A3dc1d925dc9aae31. Public record. Not legal advice.