Turtle Mountain Band of Chippewa Bill of Rights


Committe Actions on:Proposed Bill Of Rights
Constitutional Convention
August 20, 2001


***The Turtle Mountain Band of Chippewa when exercising its powers of self-government will not enforce immunity upon its own members in regards to Civil Rights.
***statement tabled


A. The Band shall not:


1. make or enforce any law which infringes upon religious Beliefs, Faith and Spirituality or prohibits the free exercise thereof, nor any law which establishes any religion.
***tabled-words spiritual beliefs
***faith
*(The Band shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble, and to petition
the government for a redress of grievances .
 

*MOTION FAILED SAVED FOR FUTURE DISCUSSION

2. make or enforce any law prohibiting the freedom of speech, or statement, or of the press, and the right of the people peaceably to assemble, and to petition the government to enforce the rights reserved to the people in the Constitution; for ***political purposes; ***for legislative or recall purposes
 

MOTION PASSES TO MAKE CHANGES
 

3. violate the rights of people to be secure in the privacy of their persons, houses, papers, computers, vehicles, and effects against unreasonable searches and seizures, nor issue warrants but upon probable cause, supported by oath
or affirmation signed by a Judge and particularly describing the place, person or things to be searched, the object and scope of such search, and the person or thing to be seized nor execute an arrest without reasonable suspicion;

CHANGES PASSED
 

(4)prosecute or punish any person more than once for the same offense ARISING OUT OF THE SAME INCIDENT; NOR compel any person in any criminal case to be a witness against himself or herself;
 

CHANGES PASSED 
 

(5)discharge any person from employment, or take any private property or possessor interest in private property for public use, without due process and just compensation;  No Changes to #5


*(CANNOT CREATE A LAW THAT PROHIBITS
ALLOW PERSONS TO BE DISCHARGED WITHOUT HAVING A GRIEVENCE IN PLACE TRIBE CREATE SOMETHING OR REQUIRE THEM TO MAKE LAWS THAT PREVENT EMPLOYEES FROM RECOURSE)

 
*LEGISLATIVE BRANCH DEAL WITH THIS ISSUE.


(6)deny to any person in a criminal or civil proceeding the right to a speedy and public trial, to be informed of the nature and cause of the action, at arraignment or initial hearing to be confronted with the witnesses against
him/her, to have compulsory process for obtaining witnesses in his/ her favor, and (as pertaining to criminal matters) to have the assistance of counsel for his/ her defense.

 
CHANGES PASSED
 

***add informing individual of their rights.


(7) require excessive bail, impose excessive fines or inflict cruel and unusual punishments;


PASSED WITH CHANGE
 

(8)deny to any person within its jurisdiction the equal protection and opportunity under the law to deprive any person of liberty or property without due process of law;

Passed
 

(9) execute any action which singles out an individual or group of people for punishment without trial, or pass any law after the fact;
 

PASSED WITH CHANGES
 

(10) deny to any person accused of an offense punishable by imprisonment the right upon request, to a trial by an impartial jury of not less than six persons. All persons shall be presumed innocent until proven guilty by a court of law.
 

PASSED WITH CHANGES
 

(11) pass any law prohibiting the right of the people to own and use firearms;
 

NO CHANGE

(12) deny to any person the access to his/ her own personal information
maintained by the band;
 

PASSED WITH CHANGES

(13) discriminate against anyone based on age, gender, creed, religion, disability, familial status, sexual orientation, social, political or economic status.


(14) restrict the rights of tribal members to fish, hunt, trap and to gather foods, plants and traditional medicines, subject to restrictions established by law for the protection and preservation of our Natural Resources;
 

PASSED WITH CHANGES
 

(15) (4) arrest an individual without informing them of their rights to remain silent, to have access to an attorney, to be informed that anything they say can and will be used against them in a court of law and to ask the arrested individual if they understand these rights;
 

PASSED WITH CHANGES

NOTE***15. needs to move up to 3 or 4
 

B. Powers not granted to the government shall be reserved to the People.
 

PASSED