CONSTITUTION OF THE UNITED TRIBE OF SHAWNEE INDIANS

 


ARTICLE CONTENTS
AN ACT
ACT OF COMPILATION
LAWS OF THE UNITED TRIBE OF SHAWNEE INDIANS
CONSTITUTION OF THE UNITED TRIBE OF SHAWNEE INDIANS PREAMBLE
I. SOVEREIGN JURISDICTION AND GEOGRAPHICAL BOUNDARY OF THE UNITED TRIBE OF SHAWNEE INDIANS
II. REGULATIONS
III. BILL-OF-RIGHTS
IV. TRIBAL MEMBERSHIP
V DISTRIBUTION OF POWER
VI. LEGISLATIVE
VII. EXECUTIVE
VIII. JUDICIAL
IX. CABINET
X. ELECTION
XI. FISCAL
XII. REMOVAL FROM OFFICE
XIII. EMPLOYEE RIGHTS
XIV. INDIAN BURIAL GROUNDS
XV. NAME & ETC.
XVI. OATH
XVII. AMENDMENTS
XVIII. SEAT OF GOVERNMENT
XIX. EFFECTIVE DATE
XX. DEDICATION
XXI. CONSTITUTION WRITTEN & APPROVED

 




CONSTITUTION AND LAWS OF THE UNITED TRIBE OF SHAWNEE INDIANS

PUBLISHED BY AN ACT OF THE UNITED TRIBE OF SHAWNEE INDIANS TRIBAL GOVERNMENT DECEMBER 25, 1994, PURSUANT TO UNITED STATES TREATIES WITH THE SHAWNEE AND AS PROVIDED FOR BY THE TREATY WITH THE UNITED TRIBE OF SHAWNEE INDIANS DATED MAY 10, 1854, (10 STAT. 1053)

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AN ACT

"Authorizing the Compilation of the Laws of the United Tribe of Shawnee Indians into a written Constitution".

Be it enacted by the duly elected Sovereign Government of the United Tribe of Shawnee Indians: That the Principal Chief be, and he is hereby authorized and directed to compile, to classify, and arrange, under an appropriate head enactments pertaining to a particular subject; embrace in one Constitution, as far as practicable, the Laws now in force, together with the enactments of the present session of the orders of the Tribal Government stated December 25, 1994, omit all acts that have been repealed or have become inoperative by ceasing to be applicable to existing affairs, and prepare a contents page to same and compile into a written Constitution of the United Tribe of Shawnee Indians.

Be it further enacted: That the stated work above required, shall commence, and be accomplished as soon as practicable, and when completed shall be approved by the Principal Chief, Jimmie D. Oyler and the Deputy Principal Chief, Jimmie D. Oyler, Jr.

Be it further enacted: That the Principal Chief is hereby authorized to correctly publish this Constitution in book form for the use of tribal members of the United Tribe of Shawnee Indians; provided that the Principal Chief shall require every person, before he furnishes any published Constitution herein provided for, to pay the actual cost per volume for publishing the same; that all moneys received by the Principal Chief on account of such Constitution shall be quarterly deposited in the United Tribe of Shawnee Indians tribal fund.

Be it further enacted: That the Principal Chief is hereby authorized to draw funds upon the United Tribe of Shawnee Indians tribal fund to liquidate the expense of publication for said Constitution of the United Tribe of Shawnee Indians.

Jimmie D. Oyler,

Principal Chief,

United Tribe of Shawnee Indians


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ACT OF COMPILATION

I, Jimmie D. Oyler, Principal Chief of the United Tribe of Shawnee Indians, by the authority vested in me, by An Act, "Authorizing the Compilation of the Laws of the United Tribe of Shawnee Indians into a written Constitution", approved December 25, 1994, do hereby approve, as the Laws of the United Tribe of Shawnee Indians, contained in this volume; and do hereby declare the same to be in force as the Laws of the United Tribe of Shawnee Indians until repealed or amended by the duly elected Government of the United Tribe of Shawnee Indians.

Jimmie D. Oyler

Principal Chief, United Tribe of Shawnee Indians.


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LAWS OF THE UNITED TRIBE OF SHAWNEE INDIANS

WHEREAS, Our fathers have existed as a separate and distinct Tribe, in possession and exercise of the essentials and appropriate attributes of sovereignty, from a period extending into antiquity, beyond the records and memory of man; and

WHEREAS, WE, the Shawnee Indians of the United Tribe of Shawnee Indians are descendants of Shawnee Indians that were on the North American Continent before the non-Indian arrived; and

WHEREAS, We, The United Tribe Of Shawnee Indians, have survived by the basic requirements needed to survive, as Indian People, as required by our Creator, The Sovereign Ruler of the Universe. The basic require- ments, of the Creator for "a People distinct from others", to be governed exclusively by their own Tribal Government, to have survived are:

     1.  Air

     2.  Food

     3.  Water

     4.  Shelter

     5.  Reproduction; and


WHEREAS, the Sovereign Government of the United Tribe of Shawnee Indians did not tax the tribal members or their property as provided for in the Treaty with the Wyandot, Seneca, Delaware, Shawnee, Potawatomi, Ottawa and Chippewa, September 29, 1817, (7 Stat. 160); and

WHEREAS, these attributes, with the right and franchise which they involve, remain still in full force and virtue; as do also the national and social relations of the United Tribe of Shawnee Indians people to each other, and to the politic, excepting in those particulars which have grown out of the provisions of United States Treaties guaranteed the Supreme Law of the Land by the Constitution of the United States, with France, Great Britain and the Shawnee Indians and Acts Of Congress as follows: Treaty with France, April 30, 1803, called "The Louisiana Purchase" (8 Stat. 200), Treaty with Great Britain, December 24, 1814, (8 Stat. 218), Treaty with the Wyandot, Seneca, Delaware, Shawnee, Potawatomi, Ottawa and Chippewa, September 29, 1817, (7 Stat. 160), Treaty with the Shawnee, November 7, 1825, (7 Stat. 284), Act of Congress of the United States, passed May 28, 1830, (4 Stat. at L. p. 411 chap. 148), Treaty with the Shawnee, August 8, 1831 (7 Stat. 355), approved under the authority of the Act of Congress, Sess. 1, Ch. 148 approved May 28, 1830, Treaty with the Shawnee dated May 10, 1854 (10 Stat. 1053), Act of Congress dated March 3, 1859, Section 11, (U.S. Statutes, Vol. 11, page 430), under which a portion of our people removed to subject Indian Country specified by provisions of subject Treaties with the Shawnee and became the United Tribe of Shawnee Indians, and received restricted Indian Country allotments, therefor, it has become essential to the general welfare of the United Tribe of Shawnee Indians that our system of Sovereign Government be published as adapted to our present conditions, and providing equality for the protection of each individual tribal member of the United Tribe of Shawnee Indians in the enjoyment of his or her vested Shawnee Indian Treaty rights, guarantees and privileges, guaranteed to be the Supreme Law of the Land by Article 6, Clause 2, Constitution of the United States; and

WHEREAS, the duly elected Government of the United Tribe of Shawnee Indians, in order to preserve and enrich our tribal culture, achieve and maintain a desirable measure of prosperity, insure tranquility and to secure to ourselves and our posterity the blessings of freedom, acknowledged, 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 these Shawnee Indian Laws into this Constitution of the United Tribe of Shawnee Indians.

Jimmie D. Oyler

Principal Chief, United Tribe of Shawnee Indians.


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CONSTITUTION OF THE UNITED TRIBE OF SHAWNEE INDIANS

PREAMBLE

THEREFOR, WE, the duly elected Government of the Shawnee Indian people of the United Tribe of Shawnee Indians, 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 -- acknowledge 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 United Tribe of Shawnee Indians and the tribal members of the United Tribe of Shawnee Indians.Go back to the top?




ARTICLE I: SOVEREIGN JURISDICTION AND GEOGRAPHICAL BOUNDARY OF THE UNITED TRIBE OF SHAWNEE INDIANS

SECTION 1. The Sovereign Jurisdiction of the United Tribe of Shawnee Indians shall extend over the Geographical Boundary of all land described in the United States Treaties with the Shawnee Indians and made the Supreme Law of the Land by Article 6, Clause 2, United States Constitution, as follows:

Treaty with the Shawnee, November 7, 1825, (7 Stat. 284), Act of Congress of the United States, passed May 28, 1830, (4 Stat. at L. p. 411 chap. 148), Treaty with the Shawnee, August 8, 1831 (7 Stat. 355), under the authority of the Act of Congress, Sess. 1, Ch. 148 approved May 28, 1830, Treaty with the Shawnee dated May 10, 1854 (10 Stat. 1053).

SECTION 2. The Sovereign Jurisdiction of the Government of the United Tribe of Shawnee Indians shall extend to all Indian Country land, fee, common, restricted or trust as contained Treaty with the Shawnee, November 7, 1825, (7 Stat. 284), Act of Congress of the United States, passed May 28, 1830, (4 Stat. at L. p. 411 chap. 148), Treaty with the Shawnee, August 8, 1831 (7 Stat. 355), under the authority of the Act of Congress, Sess. 1, Ch. 148 approved May 28, 1830, to include trust and restricted allotments of all tribal members, to include patented Indian Country allotment property, restricted and trust, owned by United Tribe of Shawnee Indians tribal members, that was patented as provided by the Treaty with the Shawnee dated May 10, 1854 (10 Stat. 1053) and made patent by the President of the United States as provided by the Act of Congress dated March 3, 1859, Section 11, (U.S. Statutes, Vol. 11, page 430).

SECTION 3. Tribal Indian Country owned, purchased, gift deeded or otherwise, by and to the United Tribe of Shawnee Indians shall become and remain the common Indian Country property of the United Tribe of Shawnee Indians; but the improvements made thereon as allowed and authorized by the Sovereign Government of the United Tribe of Shawnee Indians, and in possession of a United Tribe of Shawnee Indians tribal member shall remain the property of the tribal member of the United Tribe of Shawnee Indians and shall escheat to the tribal member's Shawnee Indian heirs that are Shawnee Indian tribal members by Shawnee blood of the United Tribe of Shawnee Indians only; In cases where there is no Shawnee Indian tribal member heir or heirs, by Shawnee blood, the property shall escheat to the United Tribe of Shawnee Indians, provided that the Shawnee Indians tribal member's spouse if non-Indian or other Indian shall have a life estate in subject property; provided, that the tribal members of the United Tribe of Shawnee Indians possessing exclusive and indefeasible right to their Indian Country improve- ments, 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 citizens thereof; and that, whenever any tribal member of the United Tribe of Shawnee Indians shall remove with his effects out of the limits of the United Tribe of Shawnee Indians Geographical Boundary, and or remove his tribal membership in the United Tribe of Shawnee Indians, his/her rights and privileges as an Indian Country property owner and as a tribal member of the United Tribe of Shawnee Indians shall cease.

Section 4. Provided, nevertheless, that the Tribal Government shall have power to re-admit, by law, to all, the rights of tribal membership in the United Tribe of Shawnee Indians, any such Shawnee Indian person or persons, qualified for membership, who may, at any time, desire to return to the United Tribe of Shawnee Indians, as a tribal member, memorializing the Sovereign United Tribe of Shawnee Indians Tribal Government for such readmission.

Section 5. To prevent fractionation of restricted and trust Indian Country allotments, inheritance of restricted and trust Indian Country allotment(s) interest is hereby limited to an heir or heirs that are tribal members of the United Tribe of Shawnee Indians or eligible to become a tribal member, provided, that when a member of the United Tribe of Shawnee Indians dies without a will, inheritance is limited to the decedent's immediate United Tribe of Shawnee Indian's family -- spouse, children, grandchildren, parents, grandparents, brothers and sisters, and a non-members spouse and adopted children shall only receive a life estate in subject property. The oldest United Tribe of Shawnee Indians tribal member resident and domiciled on subject property shall be given the right to buy out the other owners that are heirs to subject property.

In cases where individual land ownership has become fractionalized, the United Tribe of Shawnee Indians shall be authorized to purchase fractional interest of any size from any owner or owners.

A priority for purchase shall be given by the United Tribe of Shawnee Indians to owners of fractional interest amounting to 2 percent or less.

In all cases, to prevent further fractionation of Shawnee Indian Country lands, inheritance of Indian interest is limited to members of the United Tribe of Shawnee Indians.

When a Shawnee Indian owner dies without a will, inheritance is further limited to the decedent's immediate Shawnee Indian family, spouse, children, grandchildren, parents, grandparents, brothers and sisters. A non-member, non-Indian spouse and adopted children shall only receive a life estate.

In cases where there are no tribal members of the United Tribe of Shawnee Indians the land will escheat to the United Tribe of Shawnee Indians in Trust or Restricted Status.

SECTION 6. In the interest of peace and happiness of the Shawnee people as provided by Article 12, of the 1854 Treaty with the Shawnee which reads as follows:

"...If, from causes not now foreseen, this instrument should prove insufficient for the advancement and protection of the welfare and interest of the Shawnees, Congress may hereafter, by law make such further provisions, not inconsistent herewith, as experience may prove to be necessary to promote the interest, peace, and happiness of the Shawnee people..."

and as provided the Congress by United States Treaties with the Shawnee, the Sovereign Government of the United Tribe of Shawnee Indians, may do likewise, by Law, make such further provisions by Law, not inconsistent with the numerous United States Treaties with the Shawnee Indians, as may prove to be necessary to promote the interest, peace and happiness of the United Tribe of Shawnee Indians.Go back to the top?




ARTICLE II: REGULATIONS

The United Tribe of Shawnee Indians is an inseparable part of the Federal Union. The Constitution of the United States is the Supreme Law of the Land; therefor, the United Tribe of Shawnee Indians shall never enact any law which is in conflict with any United States Treaty with the Shawnee Indians, the Constitution of the United Tribe of Shawnee Indians or the Constitution of the United States.Go back to the top?




ARTICLE III: BILL OF RIGHTS

SECTION 1. The judicial process of the United Tribe of Shawnee Indians shall be open to every member of the United Tribe of Shawnee Indians. Speedy and certain remedy shall be afforded under the terms of this Constitution for every wrong and injury to person, property or reputation wherein said remedy does not conflict with the laws of the United States. The Government of the United Tribe of Shawnee Indians shall prescribe the procedures pertinent thereto. The appropriate protection guarantees of the Indian Civil Rights Act of 1968 shall apply to all members of the United Tribe of Shawnee Indians.Go back to the top?




ARTICLE IV: TRIBAL MEMBERSHIP

SECTION 1. All tribal members of the United Tribe of Shawnee Indians shall and must be, of Shawnee Indian blood, as proven by reference to the following qualification and are required to uphold the Constitution of the United Tribe of Shawnee Indians and of the Republic of United States of America.

QUALIFICATION: Tribal membership in the United Tribe of Shawnee Indians is open to all Shawnee Indian descendants, by blood, of Shawnee Indians that were members of the United Tribe of Shawnee Indians, as the United Tribe of Shawnee Indians existed in 1854 and, as defined by the May 28, 1830 Act of the Congress of the United States, (4 Stat. at L. p. 411 chap. 148) and, incorporated into the Treaty with the Shawnee, August 8, 1831 (7 Stat. 355) and, received a restricted Indian Country Patent Allotment, as provided for in the Treaty with the Shawnee Indians dated May 10, 1854 (10 Stat. 1053) and was authorized by The United States Congress, Act of Congress, dated March 3, 1859, Section 11, (U.S. Statutes, Vol. 11, page 430).

REQUIREMENTS: All tribal members of the United Tribe of Shawnee Indians shall be required to uphold the Constitution of the United Tribe of Shawnee Indians and the Constitution of the United States. Failure to do so shall result in removal from the Tribal membership rolls and membership in the United Tribe of Shawnee Indians.

SPOUSES AND ADOPTED CHILDREN: A spouse that is not a tribal member by Shawnee blood and adopted children of a tribal member of the United Tribe of Shawnee Indians shall be eligible for membership in the United Tribe of Shawnee Indians as a spouse or adopted child. Subject spouse and adopted child or children shall not be eligible to vote, own or inherit land, of the United Tribe of Shawnee Indians or their tribal member spouse or parent. Tribal membership shall cease upon divorce or upon the marriage of a widowed woman or a widower man to an Indian that is not a tribal member of the United Tribe of Shawnee Indians by Shawnee blood or a non-Indian. All widowed women or widower men of a tribal member that were not divorced at the time of the tribal member's death shall have a life estate in their Shawnee Indian spouses estate. All adopted children of a United Tribe of Shawnee Indians tribal member shall have a life estate in their Shawnee Indian parents estate. Shawnee Indian blood shall be the rule in all cases.

HONORABLE MEMBERSHIP: The Principal Chief of the United Tribe of Shawnee Indians shall have the honor of bestowing "Honorable Membership in the United Tribe of Shawnee Indians" upon individuals that are deserving of distinction or recognition.

SECTION 2. The tribal government of the United Tribe of Shawnee Indians shall maintain a tribal membership roll in book form and on computer records.

(a) There shall be a tribal membership number assigned each tribal member that will show the restricted Indian Country allotment number that was assigned the Shawnee Indian's ancestor(s).

SECTION 3. Tribal membership in the United Tribe of Shawnee Indians refers only to the process of enrolling as a member of the United Tribe of Shawnee Indians and is not the same as registration or authorization to vote in any United Tribe of Shawnee Indians election.Go back to the top?




ARTICLE V: DISTRIBUTION OF POWERS

The distribution of powers of the government of the United Tribe of Shawnee Indians 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 the government shall be separate and distinct and neither shall exercise powers properly belonging to either of the other.Go back to the top?




ARTICLE VI: LEGISLATIVE

SECTION 1. The legislature shall consist of one legislative body to be called the Council of the United Tribe of Shawnee Indians. The initial election of the members of the Council pursuant to this Constitution shall be called by the Principal Chief and in his absence the Deputy Principal Chief on a day to be announced by the Principal Chief.

SECTION 2. The Council shall establish its own rules for credentials, decorum and procedure of the Tribal Council.

SECTION 3. The Council shall consist of six (6) tribal Council members, numbered 1, 2, 3, 4, 5 & 6, who are Shawnee Indian by blood and are tribal members of the United Tribe of Shawnee Indians as described Article IV, and shall be elected at large. Three (3) Council members shall be elected every two (2) years.

The term of office of three (3) Council members, numbers 1, 3 & 5, serving on the first Council shall run for four (4 ) years and until his/her successor is duly elected and installed and the term of office for three (3) Council members, numbers 2, 4, & 6, shall run for a term of six (6) years and until his/her successor is duly elected and installed. Thereafter all Council members shall serve for a period of four (4) years.

After the first Council members, numbers 1, 3 & 5 have served four (4) years, the election for three (3) Council members shall occur every two (2) years and for Deputy Principal Chief every four (4) years thereafter during the 2nd week in June.

SECTION 4. There shall be at least one regular session of the Council in the calendar year which shall convene on the third Monday of each January or at such other date(s) as the Principal Chief shall determine. No business shall be conducted by the Council unless four (4) of the Council members thereof, regularly elected and qualified, shall be in attendance, which shall constitute a quorum. This session may not exceed a maximum of fifteen (15) 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/she has the full powers of the Principal Chief as elsewhere defined. (C) upon written request of four (4) of the members of the elected Council. The purpose of said meeting shall be posted and a notice published 30 days prior to requested meeting date, and the Council may not consider any other subject not within such purpose. No special council meetings may convene until one (1) calendar month has 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 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 United Tribe of Shawnee Indians, laws that shall not be contrary to the provisions of this Constitution. Laws or enactments which are required by Federal statutes to be approved by the Federal Government shall be as provided for in this Article.

  The style of all bills or laws shall be:



  "Be it Enacted By the United Tribe Of Shawnee Indians".



  The style of all resolutions shall be:



  "Be It Resolved By The United Tribe Of Shawnee Indians".


SECTION 8. The elected members of the Council and all Executive Officers shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation.

SECTION 9. Members of the Council and all Executive Officers shall be bound by oath, provided in Article XVI, to support the Constitution of the United Tribe of Shawnee Indians, the Constitution of the United States, defend the United States of America and the United Tribe of Shawnee Indians from all enemies both foreign and domestic, do everything within the individuals power to promote the culture, heritage and traditions of the United Tribe of Shawnee Indians and to perform the duties of their respective offices with fidelity.

SECTION 10. No Laws contained this Constitution or passed by the Council and approved by the Principal Chief, at any later date, shall have retroactive effect or operation.

SECTION 11. Every enactment which shall have been approved by (5) members of the Council shall, before it becomes effective, be presented to the Principal Chief, if he/she approves, he/she shall sign it; if not he/she 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, all members of the 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 Council 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 (Sunday and holidays excepted) after it shall have been presented to him/her, the same shall be law in like manner as if he/she had signed it, unless the Council shall, by its adjournment, prevent its return, in which case, it shall not become a law after the final adjournment of the Council, unless approved by the Principal Chief within fifteen (15) days after adjournment.Go back to the top?




ARTICLE VII: EXECUTIVE

SECTION 1. The Executive power shall be vested in a Principal Chief, who shall be styled "Principal Chief, United Tribe of Shawnee Indians". The Principal Chief shall hold his/her office for a period of four (4) years; and shall be replaced after four (4) years in office by the Deputy Principal Chief. The Deputy Principal Chief shall be styled "Deputy Principal Chief, United Tribe of Shawnee Indians".

SECTION 2. The Principal Chief of the United Tribe of Shawnee Indians shall be a Shawnee Indian by blood, shall be a tribal member of the United Tribe of Shawnee Indians as required for membership in Article IV ; and shall have attained the age of thirty (30) years at the time of his/her assumption of said office.

Section 3. Only Council members that have served as a Council member for four (4) years during periods of good behavior shall be eligible for the Office of Deputy Principal Chief.

The qualified electors shall elect a Deputy Principal Chief from previous Tribal Council members, who shall possess the same qualifications as the Principal Chief, and the Deputy Principal Chief shall hold his/her office for a term of four (4) years at the same time and in the same manner as herein provided for the election of the Council members.

SECTION 4. In the case of the absence of the Principal Chief from office, due to his death, resignation, 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. 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 death, resignation or disability of both the Principal Chief and the Deputy Principal Chief, provide by law what Council member(s) shall then act as Principal Chief and or Deputy Principal Chief until the disability be removed or a successor shall be elected from past and present Council members.

SECTION 6. The Principal Chief and Deputy Principal Chief shall, at stated times, receive for their services a compensation not inconsistent with Article XI.

SECTION 7. Before the Principal Chief assumes his/her office, he/she shall take the oath or affirmation as provided for in Article XVI.

SECTION 8. The Principal Chief may on extraordinary occasions convene the Council at the seat of government pursuant to Article XVIII. The purpose of said meetings must be stated and the Council may consider only such matters as are specified in the call for the extraordinary meetings. Before the extraordinary meetings may be legally sufficient to conduct business, a quorum of four (4) members of the Council must be present.

SECTION 9. The Principal Chief shall cause the Laws of the United Tribe of Shawnee Indians to be faithfully executed, and shall conduct in person and in such manner as shall be prescribed by law, all communications, business or compacts of the United Tribe of Shawnee Indians with the Federal Government of the United States of America, or any political sub-division thereof, for any purpose, and with any State Governor, state government or political sub-divisions thereof, and with any public or private business or corporation, located any state, for any purpose, business or otherwise, as required and with any Foreign Government or sub-division thereof, as allowed by Federal Law, for Tribal business purposes.

SECTION 10. The Principal Chief is hereby authorized to conduct business with and compact with any State Government, political subdivisions thereof or the Governor on any requirements, business or otherwise, to include compacts, required by any Federal Law or requirements or recommendations of the United States Supreme Court.

SECTION 11. The Deputy Principal Chief shall, by virtue of his/her office, aid and advise the Principal Chief in the administration of the government and shall be President of the Tribal Council, but shall vote only for the purpose of breaking a tie vote.

SECTION 12. Nothing in this Constitution shall be construed as preventing the Principal Chief from appointing such administrative assistants as he deems proper and such administrative assistants shall receive for their service a compensation not inconsistent with Article XI.Go back to the top?




ARTICLE VIII: JUDICIAL

There is hereby created a Judicial Appeals Tribunal composed of three (3) tribal members, all over the age of fifty (50). The oldest tribal member on the Judicial Appeals Tribunal shall be the Chief Justice. All members of the Judicial Appeals Tribunal shall be appointed by the Principal Chief and approved by the Council for four (4) year terms. The purpose of this Tribunal shall be to hear and resolve any disagreements arising under any provision 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 Federal Law. The decisions of the Judicial Appeal Tribunal shall be final insofar as the judicial process of the United Tribe of Shawnee Indians is concerned.

The members of the Judicial Appeals Tribunal shall receive a compensation in accordance with Article XI.Go back to the top?




ARTICLE IX: CABINET

There shall be a cabinet composed of the following persons who shall be appointed by the Principal Chief. Preference for employment will be given to tribal members of the United Tribe of Shawnee Indians when subject tribal member can meet the qualifications for subject position.

Secretary-Treasurer.



Secretary of Health, Education and Welfare.



Secretary of Commerce and Industrial Development.



Secretary of Communication.



Secretary of Federal and State Affairs for Business,     Gaming
Development and Tribal tax codes.



General Counsel.


The above named positions shall be appointed by the Principal Chief. The Principal Chief with the approval of the Council may create additional cabinet positions and departments, with the duty and responsibility to keep the Tribal Cabinet small and efficient so the Tribal Government of the United Tribe of Shawnee Indians can establish justice, insure tranquility, promote the common welfare, and secure to ourselves and our posterity the blessings of freedom -- acknowledged with humility and gratitude for the goodness of the Sovereign Ruler of the Universe.

The Cabinet positions shall receive a compensation in accordance with Article XI. Go back to the top?




ARTICLE X: ELECTION

SECTION 1. The Council shall enact appropriate laws, not inconsistent with the provisions of this Constitu- tion, that will govern the conduct of all elections, provided that the initial election of the Council, shall be conducted pursuant to rules and regulations promulgated by the Principal Chief, and the provisions of this United Tribe of Shawnee Indians Constitution, notwithstanding, the Principal Chief may adopt rules required to fill a vacant Council members elective office due to any cause.

SECTION 2. Any member by blood of the United Tribe of Shawnee Indians at least twenty-five (25) years of age, on the date of election, may be a candidate for the Council. 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 any office of honor, profit or trust of the United Tribe of Shawnee Indians.

SECTION 3. Any Shawnee Indian tribal member of the United Tribe of Shawnee Indians, age eighteen (18) and over shall be eligible to vote in any election as stated this Constitution of the United Tribe of Shawnee Indians and as published by rules enacted by the Tribal Council.Go back to the top?




ARTICLE XI: 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 duly elected Principal Chief shall require the Secretary-Treasurer to make and provide an annual expenditure of funds report, and the source from which funds are to be derived, to defray the cost and estimated expenditure of funds for the operation and compensation of the Executive, Council, Judicial, Cabinet, Departments of the Government and employees of the United Tribe of Shawnee Indians for each year. The budget of the United Tribe of Shawnee Indians shall be balanced each year with no deficit spending. Compensation shall be reduced if necessary to achieve a balanced budget.

SECTION 3. At least thirty (30) days prior to the convening of each regular session of the Council as shall be established, the Secretary-Treasurer, shall make and present to the Principal Chief and Council, an itemized estimate of the revenues to be received by the United Tribe of Shawnee Indians, together with a statement of the sources from which revenues are to be received, under the laws, grants, judgments, interest, and any other sources in effect at the time such estimate is made for the ensuing fiscal year with revenues received and expenditures spent to date. The Secretary-Treasurer shall present the annual expenditure of funds report and annual financial statements reflecting the results of operations of all tribal activities and businesses and shall prepare a consolidated balance sheet in conformity with generally accepted accounting principles within thirty (30) days after the end of the fiscal year to show estimated revenues and expenditures for the next ensuing fiscal year.

SECTION 4. The Sovereign Government of the United Tribe of Shawnee Indians shall not tax the tribal members, their Indian Country property or their personal property as provided for Treaty with the Wyandot, Seneca, Delaware, Shawnee, Potawatomi, Ottawa and Chippewa, dated September 29, 1817, (7 Stat. 160).

SECTION 5. Federal, State and political subdivisions thereof, do not have civil jurisdiction (tax and regula- tion jurisdiction) over the geographical boundary of the United Tribe of Shawnee Indians as described Article I and shall not tax or regulate Tribal Indian Country, Tribal property, tribal members, tribal members Indian Country property, tribal members personal property, Tribal or tribal members utilities used or vehicles owned by the Tribe or any tribal member of the United Tribe of Shawnee Indians, within the geographical boundary of the Sovereign United Tribe of Shawnee Indians jurisdiction when the tribal member is domiciled on and garages his/her vehicles within subject Indian Country as stated Article I and as provided for in the Treaty with the Wyandot, Seneca, Delaware, Shawnee, Potawatomi, Ottawa and Chippewa, dated September 29, 1817, (7 Stat. 160) and Treaty with the Shawnee, August 8, 1831 (7 Stat. 355), approved under the authority of the Act of Congress, Sess. 1, Ch. 148 approved May 28, 1830.

SECTION 6. The Principal Chief is hereby authorized to issue a tribal business license to tribal members and other Indians and non-Indians for all tribal businesses authorized and licensed by the United Tribe of Shawnee Indians to operate within the United Tribe of Shawnee Indians Sovereign Indian Country geographical boundary as described Article I.

SECTION 7. Tribal Business Tax: The United Tribe of Shawnee Indians encourages the operation of businesses licensed by the tribe. The Principal Chief is authorized to apply a Tribal Business Tax, to all businesses operated within the geographical boundary of the United Tribe of Shawnee Indians Indian Country as described ARTICLE I. Tribal business tax is defined as any kind of tax. The United Tribe of Shawnee Indians Tribal business taxes shall be applied on all sales to the end purchaser, Indian and non-Indian, as a percent of the total net purchase price of the product to be sold, to achieve a total tax rate for the product sold by the tribal merchant. The tribal merchant shall retain a percentage of the tribal sales tax, proportional to his/her labor, employees cost, security, cost of operation, insuranceand utilities, for any tribal business operated by a tribal member or non-member, Indian or non-Indian, within the Sovereign geographical boundary of the United Tribe of Shawnee Indians Indian Country as described ARTICLE I. All licensed tribal business shall be taxed the same tax rate on all commodities and merchandise sold. Tribal tax stamps shall be provided the wholesaler or the Tribal merchant as required.

All commodities and products purchased and sold by the licensed tribal merchant shall be purchased in the name of the business, as authorized by the United Tribe of Shawnee Indians, with delivery to the tribal merchants business and the United Tribe of Shawnee Indians shall be provided a copy of all invoices furnished the merchant by the wholesaler or supplier. The total tax paid to the tribe will be calculated on all invoices. All resale commodities and products sold by the merchant shall be purchased by and with a purchase order showing total cost price of subject product when ordered by the tribal merchant. The purchase order shall be matched by the Tribal Government with the invoice for tax audit purposes. Freight cost shall not be taxed.

The Shawnee Tribal member owner of a restricted or trust allotment with a Tribal business authorized, locat- ed and operated by the owner, thereon, shall retain ownership of the Indian Country land and buildings. All Tribal business operated on restricted or trust allotments that are not licensed to the Indian Country land owner shall pay a lease payment to the Indian Country land owner.

SECTION 8. The Council shall require that records be maintained of all funds, moneys, taxes, accounts, and indebtedness and all other accounts bearing upon the fiscal interest of the United Tribe of Shawnee Indians 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 Principal Chief or Council prior to the submission of said accounts to the Principal Chief and Council.

SECTION 9. The Secretary-Treasurer shall be authorized to accept all grants, donations of money, interest of funds of the United Tribe of Shawnee Indians, judgements and any and all other sources of moneys available to the United Tribe of Shawnee Indians, for the uses and purposes and upon the conditions and limitations for which the same are granted or donated; and the faith of the United Tribe of Shawnee Indians 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.

SECTION 10. The Principal Chief shall have the authority with the advice of the Council to have the Secretary-Treasurer invest funds or moneys of the United Tribe of Shawnee Indians with preference to be given to the security for such investment, the manner of selecting the securities, prescribed by rules, regulation, restric- tions and conditions upon which the funds shall be loaned or invested, provided that no investment shall be in mortgages other than first mortgage only, and do all things necessary for the safety of the funds and perma- nence of the investment. Some types of tribal investments may become subject to Federal Law and require the approval of the Secretary of the Interior.

SECTION 11. The credit of the United Tribe of Shawnee Indians shall not be given, pledged, or loaned to any individual, firm, company, corporation, or association without the approval of the Principal Chief and Council. The United Tribe of Shawnee Indians shall not make any donations by gift, or otherwise, or association without the approval of the Principal Chief and Council.SECTION 12. All laws authorizing the expenditures of money by and on behalf of the United Tribe of Shawnee Indians 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 13. The Principal Chief shall direct the Secretary-Treasurer to deposit funds of the United Tribe of Shawnee Indians as required by law enacted by the Tribal Government for the deposit thereof, and such funds shall be under the control of the Secretary-Treasurer, under such terms and conditions as shall be designated by the Tribal Government and under such laws which shall provide for the protection of said funds.

SECTION 14. No official, Principal Chief, Deputy Principal Chief, Council Member, member or officer of the Council, employee of any official Council, Cabinet, or subdivisions thereof, or any person employed in any capacity by the United Tribe of Shawnee Indians, shall receive from any individual, partnership, corporation, or entity doing business with the United Tribe of Shawnee Indians directly or indirectly, any interest, profit, benefits or gratuity, other than wages, salary, Indian Country land lease payments, per diem, or expenses, as herein provided.

SECTION 15. Due to limited funds of the United Tribe of Shawnee Indians, the dispersion of our tribal members by Federal action, failed Federal Indian policy, and the monetary and financial requirements of our tribal members and their families, the Principal Chief is hereby authorized to appoint any Shawnee Indian tribal member or elected official, to any position, within the Tribal Government, but no appointed tribal member or elected official so appointed to more than one position shall receive compensation from more than one position.

SECTION 16. All tribal members of the United Tribe of Shawnee Indians shall be responsible for his/her own personal loans made for any purpose that is legal under Federal Law. The United Tribe of Shawnee Indians shall not be responsible for any personal loans made by any individual tribal member(s).Go back to the top?




ARTICLE XII: REMOVAL FROM OFFICE

SECTION 1. The Principal Chief, Deputy Principal Chief, Council Members, appointed officials and all employees of the United Tribe of Shawnee Indians shall be subject to removal from office for willful neglect of duty, corruption in office, habitual drunkenness, incompetency or any condition involving moral turpitude committed while in office.

SECTION 2. The Council shall pass such laws as are necessary for carrying into effect the provisions of this Article, insuring therein that due process is afforded the accused employee.Go back to the top?




ARTICLE XIII: EMPLOYEE RIGHTS

No employee, who having served in a position at least one (1) year, shall be removed from employment of the United Tribe of Shawnee Indians except for cause as described in Article XII. The employee shall be afforded a hearing by the Judicial Appeals Tribunal under such rules and procedures as may be prescribed by the Tribal Council. These rules and procedures, however, must follow, as nearly as practicable such procedures as are described in Federal Law.Go back to the top?




ARTICLE XIV: INDIAN BURIAL GROUNDS

It shall be the duty of all elected officials of the Tribal Government and tribal members of the Sovereign United Tribe of Shawnee Indians to provide protection to all Indian Burial Grounds located within the geographical boundary of the territory under the Sovereign Jurisdiction of the United Tribe of Shawnee as contained Article I and as described in all United States Treaties with the Shawnee Indians that are the Supreme Law of the Land as guaranteed by Article 6, Clause 2, United States Constitution.Go back to the top?




ARTICLE XV: NAME, FLAG, STANDARD, EMBLEM, & TRADEMARK

All United Tribe of Shawnee Indians, Names, Flags, Standards, Emblems and Trademark, to include Electronic domain addresses, shall be the exclusive property of the United Tribe of Shawnee Indians.Go back to the top?




ARTICLE XVI: 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 and affirmation:

"I, < NAME > do solemnly swear, or affirm, that I will faithfully execute the Duties of < POSITION > of the United Tribe of Shawnee Indians, and will, to the best of my ability, preserve, protect and defend the Shawnee Indian Treaties with the United States, the Constitution of the United Tribe of Shawnee Indians, the Constitution of the Republic of the United States of America and the United States of America against all enemies both foreign and domestic. I swear or affirm further, that I will do everything within my power to promote the culture, heritage and traditions of the United Tribe of Shawnee Indians.

SECTION 2. The foregoing oath shall be administered by any person, a member of the United Tribe of Shawnee Indians. The oath shall be signed and filed in the Office of the Secretary-Treasurer.Go back to the top?




ARTICLE XVII: AMENDMENTS TO THIS CONSTITUTION

Amendments to this Constitution of the United Tribe of Shawnee Indians shall only be incorporated into this Constitution of the United Tribe of Shawnee Indians by a voice vote of yes by all elected members of the Tribal Council with the approval of the Principal Chief of the United Tribe of Shawnee Indians.Go back to the top?




ARTICLE XVIII: SEAT OF GOVERNMENT

The Seat of Government shall be within the geographical boundary of the Sovereign Jurisdiction of the United Tribe of Shawnee Indians as described by the Treaties with the Shawnee in Article I, and as selected by the Principal Chief of the United Tribe of Shawnee Indians.Go back to the top?




ARTICLE XIX: EFFECTIVE DATE

This Constitution of the United Tribe of Shawnee Indians shall become effective when compiled in written form and approved by the Principal Chief and the Deputy Principal Chief of the United Tribe of Shawnee Indians.Go back to the top?




ARTICLE XX: DEDICATION

DEDICATED TO THE ETERNAL FIRE OF THE UNITED TRIBE OF SHAWNEE INDIANS AND TO HER CHILDREN AND A GREAT SHAWNEE NATION WARRIOR TECUMSEH THE-PANTHER-PASSING-ACROSS ATTEMPTED TO UNITE ALL INDIAN NATIONS

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ARTICLE XXI: UNITED TRIBE OF SHAWNEE INDIANS CONSTITUTION WRITTEN AND APPROVED

Pursuant to, AN ACT, "Authorizing the Compilation of the Laws of the United Tribe of Shawnee Indians into a written Constitution" by the Sovereign Government of the United Tribe of Shawnee Indians, pursuant to the Govern- ment to Government relations established between the United States of America and the United Tribe of Shawnee Indians, by the Treaty with the Shawnee dated May 10, 1854, (10 STAT. 1053), this written Constitution of the United Tribe of Shawnee Indians is a continuation of the previously unwritten Laws of the United Tribe of Shawnee Indians, as they are applicable to existing affairs, Shall be filed in the office of the United Tribe of Shawnee Indians and sacredly preserved as fundamental Law of the United Tribe of Shawnee Indians with a certified copy for display as required and Shall become effective this date:

January 18th, 1995,Go back to the top?