# We, the citizens of the four confederated bands, Čawî’, Kitkehaki, Pîtahawirâta and Ckiri of the

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Apawnee_oklahoma%3A942610979db46419

## Record

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

## Text

PREAMBLE
We, the citizens of the four confederated bands, Čawî’, Kitkehaki, Pîtahawirâta and Ckiri of the
Pawnee Nation, with faith in Atî’as Tirawâhat, abounding pride in our culture, and determination
to promote our cultural, social, economic, and political advancement, and in exercise of our
inherent sovereign authority, do solemnly ordain and adopt this Constitution of the Pawnee Nation.
ARTICLE I - NAME
The name of this Sovereign Nation shall be the “Pawnee Nation.”
ARTICLE II - PURPOSE
Section 1. To secure for the Pawnee Nation and its citizens all rights, powers, privileges, and
benefits of a sovereign nation.
Section 2. To establish its Jurisdiction and Powers.
(A)
The governmental powers of the Pawnee Business Council, acting for the sovereign
Pawnee Nation shall extend to all persons, real and personal property, including but
not limited to lands and other natural and cultural resources, and all waters and air
space, within Indian Country and other lands over which the Pawnee Nation has
jurisdiction.
(B)
The Pawnee Nation is empowered to maintain and operate under the laws of the U.S.
and the Pawnee Nation, and its judicial systems to protect the peace, safety, health, and
welfare of the citizens of the Pawnee Nation, provided the concepts of separation of
powers is maintained.
(C)
The Constitution is the supreme law of the Pawnee Nation and to all persons subject
to its jurisdiction. The Pawnee Business Council and all governmental bodies shall
exercise its power in a manner consistent with the provisions of this Constitution.
(D)
Nothing in this Article shall be construed to limit or impair the ability of the Pawnee
Nation to exercise jurisdiction based upon its inherent sovereign authority.
ARTICLE III - CITIZENSHIP OF THE PAWNEE NATION
Section 1. All persons shall be eligible for citizenship in the Pawnee Nation provided they are:
(A)
Enrolled and whose name appears on the official annuity (base) roll of the Pawnee
Nation as of February 19, 1937; and
(B)
Lineally descended from any enrolled citizen listed on the official annuity (base) roll
of the Pawnee Nation as of February 19, 1937.
Section 2. The Pawnee Business Council shall have the power to prescribe rules and regulations
covering future citizenship of the Pawnee Nation, including the approval and loss of citizenship,
provided: Such rules and regulations shall be subject to the review of the Rêsâru Council.
Section 3. No person shall be eligible for Pawnee Nation citizenship, if enrolled as a citizen or
member of another Indian Tribe.
ARTICLE IV - PAWNEE BUSINESS COUNCIL
Section 1. The supreme governing body of the Pawnee Nation shall be the Pawnee Business
Council, which shall consist of eight (8) members.
Section 2. Subject to the limitations imposed by this Constitution and applicable Federal law, the
Pawnee Business Council shall exercise all the inherent, statutory, and treaty powers of the Pawnee
Nation by the enactment of legislation, the transaction of business, and by otherwise speaking or

Page 1 of 10

acting on behalf of the Pawnee Nation on all matters which the Pawnee Nation is empowered to
act, including the authority to hire legal counsel to represent the Pawnee Nation.
Section 3. All acts regarding Citizenship or Claims or Treaty Rights of the Pawnee Business
Council shall be subject to review by the Rêsâru Council in accordance with this Constitution.
Section 4. The present Pawnee Business Council members shall serve until the next regular election
or until their successors are elected and installed provided:
(A)
Citizens of the Pawnee Nation, twenty-five (25) years of age or older, shall be eligible
for election to the Pawnee Business Council. Citizens of the Pawnee Nation convicted
of or having plead guilty to a felony with the exception of a sex crime, violent crime,
or misappropriation of funds, regardless of jurisdiction or dishonorably discharged
from the Armed Forces of the United States of America are ineligible for no more than
seven (7) years for candidacy for elected office as prescribed by law.
(B)
Whereas, at the first election after the adoption of this Constitution (1999), the
President, Treasurer, and the First and Second Council Members were elected to a fouryear term and the Vice-President, Secretary, and Third and Fourth Council members
were elected to a two-year term in order to stagger the terms of office.
Henceforth, all members of the Pawnee Business Council shall be elected to a fouryear term of office and shall serve until their successors shall be duly installed in office.
In cases when a vacancy is being filled to complete an unexpired term due to death,
resignation, forfeiture, or recall of a Pawnee Business Council member, a successor
will be appointed pursuant to Article VI of this Constitution.
(C)
A Rêsâru Council member shall resign his/her position if elected or appointed to the
Pawnee Business Council.
(D)
A Pawnee Nation employee shall resign his/her position if elected or appointed to the
Pawnee Business Council.
(E)
A Pawnee Business Council member shall not be eligible for employment by the
Pawnee Nation during his/her term of office.
(F)
Elected members of the Pawnee Business Council shall be inaugurated and sworn into
office fourteen (14) calendar days after Election Day.
(G)
Pawnee Business Council records and all related documentation for each outgoing
Pawnee Business Council member shall be made available to the newly elected Pawnee
Business Council members. Failure to comply shall result in ineligibility to file for
candidacy for the Pawnee Business Council for ten (10) years or until records and
documents are returned.
(H)
Candidates declare the position they are seeking.
(I)
If positions are vacant due to a lack of candidates, they are considered vacant and filled
according to Article VI.
Section 5. All acts of the Pawnee Business Council shall be determined by a majority vote of the
membership present, provided five (5) members of the Council shall constitute a quorum to transact
business. In the event of a tie, the President or President pro tem shall cast the deciding vote.
Section 6. Regular quarterly meetings of the Pawnee Business Council shall be held on the first
Saturday in February, June, August, and November of each year in a place designated by the
Pawnee Business Council, provided:
(A)
Special meetings may be called by the President.
(B)
Special meetings shall be called by the President within two (2) weeks after receiving
a written request, by regular mail or by certified and return receipt mail, from a majority
of the occupied Pawnee Business Council positions, provided:
(1) If the President fails to call and conduct a special meeting as requested within two
(2) weeks, a majority of the occupied members of the Pawnee Business Council
shall be authorized to call and conduct a special meeting by affixing their

Page 2 of 10

signatures to a document listing in detail the need for the meeting and citing this
Section of the Constitution as their authority to meet.
(2) A minimum of two (2) days notice of all meetings, regular or special, shall be
posted in public view. Provided that in an emergency, posting in public view for
two (2) days shall be deemed sufficient notice. Notice shall include the agenda.
(C)
All meetings in this section may be held in person, virtually, or as a hybrid meeting
with both in person or virtual attendance as may be determined by the Pawnee Business
Council.
Section 7. All members of the Pawnee Business Council shall attend tribal constitution orientation
classes as prescribed by the Pawnee Business Council.
Section 8. The Pawnee Business Council shall provide an election commission to conduct all
elections, provided that regular elections are held on the first Saturday in May of each oddnumbered year.
ARTICLE V - DUTIES OF OFFICERS
Section 1. The President of the Pawnee Business Council shall:
(A)
Preside at all general meetings, meetings of the Pawnee Business Council, joint
meetings of the Pawnee Business Council and the Rêsâru Council;
(B)
Vote only in the case of a tie of all general meetings, meetings or acts of the Pawnee
Business Council, and joint meetings of the Pawnee Business Council and the Rêsâru
Council;
(C)
Dutifully support the Constitution and laws of the Pawnee Nation;
(D)
Ensure that all decisions of the Pawnee Business Council are faithfully executed,
administered, and enforced;
(E)
Administer oaths and affirmations when required or permitted;
(F)
Be bonded;
(G)
Be authorized to countersign checks disbursed by the Treasurer according to the
requirements of Article V, Section 4 of this Constitution;
(H)
Call Special meetings under the authority granted by Article IV, Section 6 of this
Constitution; and
(I)
Unless authorized by this Constitution, the President shall not take any action unless
directed by the Pawnee Business Council.
Section 2. In the absence of the President, the Vice-President shall perform the duties of that office.
In the case of vacancy, the Vice-President shall succeed at once to the office of the President. The
Vice-President shall be bonded.
Section 3. The Secretary shall be responsible for the following duties:
(A)
Record the proceedings of all meetings of the Pawnee Business Council and Rêsâru
Council, and all special meetings as assigned by the Pawnee Business Council;
(B)
Prepare the agenda for meetings of the Pawnee Business Council;
(C)
Maintain all records and files of the Pawnee Business Council. All records and files of
the Pawnee Business Council, except such records as shall be explicitly made exempt
by law, shall be public information to any member of the Pawnee Nation;
(D)
Maintain the Pawnee Nation official membership roll;
(E)
Attest to enactments of the Pawnee Business Council;
(F)
In absence of the President and Vice-President, call to order regular and special
meetings of the Pawnee Business Council until a Chairman pro tem is selected;
(G)
Perform the duties of the Treasurer, in the absence of the Treasurer; and
(H)
The Secretary shall be bonded.
Section 4. The Treasurer shall be responsible for the following duties:

Page 3 of 10

(A)

(B)
(C)
(D)
(E)
(F)
(G)
(H)

Receive funds from all sources for which the Pawnee Business Council is held
accountable and maintain financial records which shall reflect actual receipts and
disbursements of all funds, and which shall reflect the financial position of the Pawnee
Nation;
Deposit funds from any and all sources for which the Pawnee Business Council is held
accountable in an insured bank or other approved financial institution;
Disburse funds for the Pawnee Business Council authorizes. Funds shall be disbursed
by the Treasurer and approved according to the hierarchy listed under Article V;
An annual independent audit of all funds for which the Pawnee Business Council is
held accountable;
Present financial status reports and budget reports as determined by the Pawnee
Business Council;
Perform the duties of the Secretary, in the absence of the Secretary;
The Treasurer shall be bonded; and
If the Treasurer fails to fulfill his or her Constitutional or statutory duties of the office
of the Treasurer, funds may be jointly disbursed by two (2) officers of the Pawnee
Business Council.
ARTICLE VI - VACANCIES

Section 1. In the event of a Presidential vacancy, the Vice-President shall temporarily vacate his/her
office and fulfill the duties of the office of President until another President is elected by a majority
of Pawnee Nation voters in a specially called election. The Business Council shall elect from the
current council citizenship a Temporary Vice President to serve until the next President is elected
by a majority of Pawnee Nation voters in a specially called election, at which time the Temporary
Vice President shall return to his/her previous position.
Section 2. If the offices of the President and Vice President are vacant, the Treasurer shall
temporarily vacate his/her office and fulfill the duties of the President, and the Secretary shall
temporarily vacate his/her office and fulfill the duties of the Vice President. The Business Council
shall elect from the current council citizenship a Temporary Treasurer and a Temporary Secretary
until the next President and Vice President are elected by a majority of Pawnee Nation voters in a
specially called election, at which time the Temporary Treasurer and Temporary Secretary shall
return to his/her previous position.
Section 3. If the offices of the President, Vice President, and Treasurer are vacant, the Secretary
shall temporarily vacate his/her office and fulfill the duties of the President. The Business Council
shall elect from the current council citizenship a Temporary Vice President, Temporary Treasurer,
and Temporary Secretary until the next President, Vice President, and Treasurer are elected by a
majority of Pawnee Nation voters in a specially called election, at which time the Temporary Vice
President, Temporary Treasurer and Temporary Secretary shall return to his/her previous position.
Section 4. Notwithstanding Article IV, Section 5, if four (4) or more positions are vacant, a quorum
shall consist of the remaining Council members. If all officer positions are vacant, any remaining
council member may call a special Business Council meeting, at which time that Council member
shall chair, and the remaining council shall elect officers.
Section 5. If a vacancy occurs in a First, Second, Third, or Fourth Business Council member
position before the last six (6) months of a term, it shall be filled by a majority of Pawnee Nation
voters in a specially called election.
Section 6. If a vacancy occurs in a First, Second, Third, or Fourth Business Council member
position in the latter six (6) months of that term, that position shall remain vacant until the next
general election.
Section 7. If a vacancy occurs in any Business Council position in the six (6) months prior to a
general election, the specially called election shall be held with the general election.

Page 4 of 10

Section 8. Any successful candidate who is elected in a special election shall serve only the
remaining term of that vacant position.
Section 9. Unless Sections 6 and 7 apply, the Election Board shall set and conduct a special election
within sixty (60) days, but not before thirty (30) days, after a position is vacant.
Section 10. A position is vacant when:
(A)
Subject to an effective date, a resignation is received in writing by the Office of the
President;
(B)
Vacant pursuant to Article VII, Section 1;
(C)
Death;
(D)
Recall;
(E)
Removal; or
(F)
A suspension is imposed under Article VII, Section 3, in which case a specially called
election is not required if the Business Council finds that suspension is likely to be
resolved within six (6) months. If the Business Council finds that the suspension is
likely to be longer than six (6) months, a special election may be called. If the
suspension is removed, the person elected in the special election shall step down and
the suspended Business Council Member shall retake his/her position.
ARTICLE VII - FORFEITURE, RECALL, SUSPENSION, REMOVAL
Section 1. Forfeiture
(A)
If a member of the Pawnee Business Council fails or refuses to attend two (2) regularly
called quarterly or special meetings per year from the date of his/her oath of office,
unless excused by majority vote of the Pawnee Business Council for illness or other
causes for which the member cannot be held responsible, his/her seat shall be declared
forfeited by a resolution of the Pawnee Business Council and become vacant.
(B)
Any vacancy shall be filled consistent with Vacancy provisions of this Constitution.
Section 2. Recall
(A)
A petition for recall of any member of the Pawnee Business Council shall be:
(1) Filed with the Pawnee Nation Election Commission with a statement alleging
specific facts and dates of actions or inactions by the Pawnee Business Council
Member subject to recall, including the Article of the Pawnee Nation Constitution
that was violated;
(2) Verified by the Enrollment Department that thirty-five percent (35%) of the
number of voters who voted in the last regular election signed the petition; and
(3) Signed and include the following information for all individual signatures: full
name, date of birth, and signature.
(B)
Individual petitions shall be filed for each Pawnee Business Council Member who is
subject to recall.
(C)
The petitioner shall be required to pay a filing fee of fifty percent (50%) of the total
cost of the last regular election payable to the Election Commission for each individual
Pawnee Business Council Member being recalled.
(D)
Once requirements of Section 2 (A)(1-3) and (C) have been completed, the Election
Commission shall call and hold a recall election within sixty (60) business days, but
not before thirty (30) business days.
(E)
Notice of the recall shall be sent to all eligible voters prior to the recall election.
(F)
The recall shall be effective when fifty percent (50%) + one (1) of the number voting,
votes in favor of the recall.
(G)
Once a member has faced a recall attempt, no further recall action shall be brought
against that member until at least twelve (12) consecutive months have passed. No
member of the Pawnee Business Council shall be subject to a recall action within the

Page 5 of 10

first twelve (12) months of that member’s term. A recall proceeding may not be
initiated against a Council Member whose term expires within six (6) months.
(H)
A maximum of three (3) Council Members may be recalled at a time.
Section 3. Suspension
(A)
A Pawnee Business Council Member shall be suspended from the Business Council
without compensation if:
(1) Charges are pending for a felony offense;
(2) An offense would be cause for removal as defined in Section 4 (C)(1-6); and
(3) The jurisdiction where the charges are pending guarantees equal rights and due
process as is guaranteed under the Pawnee Nation Constitution.
(B)
The suspension shall be effective from the date of the filing of the charges until
dismissed.
(C)
It is the duty of the defendant Business Council Member to immediately notify the
Business Council and the Attorney General of any pending felony charges.
(D)
A suspended Business Council Member is excused from attending meetings and other
official duties during the suspension.
(E)
No vote cast or other official action taken after suspension shall be valid and will
constitute official misconduct.
(F)
The suspended Business Council Member may bring a declaratory judgment action in
Pawnee Nation Tribal Court to challenge the application of this Section.
(G)
If the Court dismisses the pending felony charges, the suspension shall automatically
be removed, and all withheld compensation shall be paid without interest.
Section 4. Removal of Pawnee Business Council Members
(A)
A Pawnee Business Council member may be removed for cause by a petition for
removal filed in Pawnee Nation District Court with the right of appeal to the Pawnee
Nation Supreme Court.
(B)
A petition for removal may be filed on behalf of the Pawnee Nation by resolution of
the Pawnee Business Council.
(C)
Removal for cause includes but is not limited to:
(1) A felony conviction by any Tribal, Federal, or State Court while serving on the
Pawnee Business Council;
(a) Conviction means a final conviction or a plea of no contest or guilty,
regardless of being dismissed, suspended, pardoned, or expunged.
(2) Converting Pawnee Nation property or monies for personal use, or financial gain
or profit;
(3) Willful neglect or refusal to fulfill Constitution or statutory duties;
(4) Official misconduct in office or by abusing the lawful authority of an elected
official;
(a) Official misconduct in office shall include but is not limited to
harassment or unfair treatment of a Pawnee Nation citizen or employee
by a Council Member due to religion, sex, age, or disability;
(5) Physical or mental incapacity; or
(6) Cessation of citizenship in the Pawnee Nation.
(D)
The grounds for removal shall be set forth with specificity in the petition for removal
and the Pawnee Business Council Member shall be suspended from office until the
Court rules on the petition.
(E)
Court Review
(1) The Pawnee Nation District Court shall review the removal petition in a new trial.
(a) An initial hearing must be held within thirty (30) days of receipt of the
petition with a decision reached by the Court within ninety (90) days.

Page 6 of 10

(b) The petitioner must prove the allegations contained in the petition by
clear and convincing evidence.
(2) Before the Court rules on a petition for removal, the Court shall provide due
process to each party, including:
(a) A copy of the petition;
(b) The right to respond to the petition; and
(c) The right to present witnesses and other evidence in his/her defense.
(3) If the Court finds grounds for removal as stated in the petition do exist, the Pawnee
Nation shall be awarded reasonable costs and expenses, including attorney fees,
not to exceed Ten Thousand Dollars ($10,000), and any other relief that the Court
deems fair and reasonable.
(4) If the Court finds grounds for removal as stated in the petition do not exist, the
defending Council member shall be reinstated to the Pawnee Business Council and
awarded reasonable costs and expenses, including attorney fees, not to exceed Ten
Thousand Dollars ($10,000), and any other relief that the Court deems fair and
reasonable.
(a) The costs and expenses, including attorney fees, shall be paid from
Pawnee Nation funds.
(5) All parties may be represented by an attorney of his/her choosing, provided at
his/her own expense for the purposes of this Section.
(6) Either party may seek an appeal of the decision of the District Court by filing an
appeal with the Pawnee Nation Supreme Court.
(7) No Pawnee Business Council member shall be subject to removal until more than
twelve (12) months have passed since the previous petition for removal was filed.
(8) A Pawnee Business Council member removed from office shall not be prohibited
from running or holding office again at any time in the future, provided they meet
eligibility requirements in Article IV.
ARTICLE VIII - RÊSÂRU COUNCIL
Section 1. The Rêsâru Council shall consist of eight (8) members with a quorum of five (5) to
transact business. Each band shall have two (2) representatives on the Rêsâru Council selected by
the members of the tribal bands, Čawî’, Kitkehaki, Pîtahawirâta and Ckiri. The Rêsâru Council
shall have the right to review all acts of the Pawnee Business Council regarding the Pawnee Nation
citizenship and Pawnee Nation claims or rights growing out of Treaties between the Pawnee Nation
and the United States, provided:
(A)
Such acts of the Pawnee Business Council shall be valid unless formally disapproved
by the Rêsâru Council within thirty (30) days after the acts are referred to the Rêsâru
Council; and
(B)
Where such acts are disapproved by the Rêsâru Council, the Pawnee Business Council
may submit them to a referendum vote by the Pawnee Nation citizens and the acts shall
become valid and effective if approved by a majority vote of the adult citizens voting
in person or by absentee ballot; provided that, at least fifty (50) of those qualified to
vote shall cast ballots in such election.
Section 2. The Bands of the Pawnee Nation shall elect their respective representatives under rules
and regulations prescribed by the Chiefs of each Band. The representatives selected shall serve
until the next regular selection of members of the Rêsâru Council.
Section 3. Vacancies in the membership of the Rêsâru Council shall be filled under rules and
regulations prescribed by the Rêsâru Council.

Page 7 of 10

Section 4. The Rêsâru Council shall have the power to establish its own offices and to designate
its officers, set its own meeting days, and adopt its own rules of procedure; provided a quorum is
present to transact business. Records of the proceedings of this body shall be kept.
Section 5. All members of the Rêsâru Council shall attend tribal constitution classes as prescribed
by the Pawnee Business Council.
ARTICLE IX - COURTS
Section 1. Establishment of Authority
Under its inherent sovereign authority, the judicial power of the Pawnee Nation shall be vested in
the Pawnee Nation Courts established by this Article and consist of five (5) Judicial Officers and
at least one (1) trial court, known as the Pawnee Nation District Court, and additional courts as may
be established by Pawnee Nation law.
Section 2. Jurisdiction
The Courts of the Pawnee Nation shall be courts of general jurisdiction and have jurisdiction in all
cases or controversies arising under Pawnee Nation Treaties, this Constitution, or as provided by
Pawnee Nation law or in equity. The Pawnee Nation Supreme Court shall have original jurisdiction
in cases and controversies as provided by law or in equity appellate jurisdiction in all other cases.
Section 3. Selection of Judicial Officers
The Judges of the District Courts and the Justices of the Pawnee Nation Supreme Court shall be
selected and appointed by a majority vote of the Business Council. Judges and Justices may, by
Supreme Court Rule, assume the duties of a member of the other court to hear a specific case in
which the regular Judge or Justice is disqualified or is otherwise unable to perform his/her duty.
Provided, no Judge or Justice shall preside over a matter in the Pawnee Nation Supreme Court if
he/she presided over the same matter in the Pawnee Nation District Court.
Section 4. Term of Office
The Judges and Justices of the Pawnee Nation shall serve terms according to Pawnee Nation law
beginning on the date of his/her appointment and continue if reconfirmed or until his/her successor
has been duly appointed and confirmed.
Section 5. Removal
Judges and Justices of the Pawnee Nation may be removed from office only by a majority vote of
the other active Judges and Justices sitting together upon a showing of habitual neglect of the duties
of office, oppression in office for personal gain or advantage, or for cause as defined in Article VII,
Section 4 (C). In no case may a judicial officer be removed from office because of his/her decision
in any case before the Court.
Section 6. Judicial Review
The Pawnee Nation Courts are specifically authorized to review, in any case properly before them,
the actions of the Pawnee Business Council, or any other officers, agents, or employees of the
government of the Pawnee Nation to determine whether those actions are prohibited by Federal
law, this Constitution or the laws of the Pawnee Nation. The Courts may enter an injunction or
other equitable relief or declare the action unconstitutional and void as justice may require.
Section 7. Separation of Powers
The Pawnee Nation Courts shall be a separate branch of government. The Pawnee Business Council
shall have the authority to enact such laws as may be necessary for the full and proper functioning
of the Courts of the Pawnee Nation which are not inconsistent with this Article. All existing laws
regarding the Courts shall remain in effect and may be amended to the extent that they do not
conflict with this Constitution.
Section 8. Court Funding
The Pawnee Nation Courts shall be funded in the annual budget in an amount equal to or exceeding
funding from the previous fiscal year. If overall funding shortfalls require budget cuts, the Court
budget may be reduced but proportionately not more than any other brand of government.

Page 8 of 10

ARTICLE X - BILL OF RIGHTS
Section 1. All citizens of the Pawnee Nation shall enjoy, without hindrance, freedom of worship,
conscience, speech, press, assembly, association, and the right to a clean and sustainable
environment.
Section 2. This Constitution shall not in any way alter, abridge, or otherwise jeopardize the rights
and privileges of the Pawnee Nation or its citizens as citizens of the United States or of any State.
The Indian Civil Rights Act (ICRA) of 1968 and the rights guaranteed under this Constitution are
applicable to all tribal members and citizens and other persons subject to Pawnee Nation
jurisdiction.
Section 3. The individual property rights of any citizen of the Pawnee Nation shall not be altered,
abridged, or otherwise affected by the provisions of this Constitution without the consent of such
individual citizen.
Section 4. The enumeration in the Constitution of the Pawnee Nation of certain rights shall not be
construed to deny or disparage other rights retained by Pawnee Nation citizens.
Section 5. No citizen of the Pawnee Nation, eighteen (18) years of age or older, shall be denied the
right to vote by secret ballot, either in person or by absentee ballot, provided that no write-in votes
shall be allowed.
Section 6. Pawnee Nation Citizens shall have the inherent right to preserve and foster their historic,
linguistic, and cultural lifeways. The Pawnee Nation shall protect and promote the language,
culture, and traditional ways of all Pawnee people.
ARTICLE XI - AMENDMENTS
Section 1. Amendments to this Constitution may be proposed by a majority vote of the Pawnee
Business Council or by a petition signed by at least two percent (2%) of the adult citizens of the
Pawnee Nation.
Section 2. This Constitution may be amended by a majority vote of the qualified voters of the
Pawnee Nation voting in an election called for that purpose by the Pawnee Business Council and
conducted pursuant to the rules and regulations of the Pawnee Nation. Provided that, at least four
percent (4%) of those qualified to vote shall cast ballots in such election.
Section 3. An amendment shall become effective when the vote is certified by the Election
Commission and submitted to the Secretary of the Pawnee Business Council.
ARTICLE XII - PLACE OF MEETINGS
Unless some other location in the Pawnee Nation jurisdiction is designated in the notice, all
meetings of the Pawnee Business Council and of the Rêsâru Council shall be held, in person or
virtual, at the Pawnee Nation Reserve at Pawnee, Oklahoma.
ARTICLE XIII - SAVINGS CLAUSE
All enactments of the Pawnee Nation adopted before the effective date of this Constitution shall
continue in effect to the extent that they are not inconsistent with this Constitution.
ARTICLE XIV - SEVERABILITY
If any provision of the Pawnee Nation Constitution shall, in the future, be declared invalid or
unconstitutional or in violation of Federal or Pawnee Nation law, it is the intent of the Pawnee

Page 9 of 10

Nation that the invalid portion shall be severed and the remaining provisions shall remain in full
force and effect.
ARTICLE XV – SOVEREIGN IMMUNITY
In fully exercising its self-determination and sovereign powers, the Pawnee Nation shall be immune
from suit except to the extent that the Pawnee Business Council expressly waives the Nation’s
sovereign immunity or as provided by in this Constitution.

Page 10 of 10

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Apawnee_oklahoma%3A942610979db46419. Public record. Not legal advice.
