CONSTITUTION OF
THE CHEROKEE NATION OF OKLAHOMA

APPROVED FOR REFERENDUM BY THE COMMISSIONER OF INDIAN AFFAIRS, MORRIS THOMPSONS ON SEPTEMBER 5, 1975, SECONDED BY THE PRINCIPAL CHIEF OF THE CHEROKEE NATION, ROSS O. SWIMMER ON OCTOBER 2, 1975.
PREAMBLE

We, the people of the Cherokee Nation, in order to preserve and enrich our tribal culture, achieve and maintain a desirable measure of prosperity, insure tranquility and to secure to ourselves and our posterity the blessing of freedom, acknowledging, with humility and gratitude, the goodness of the Sovereign Ruler of the Universe in permitting us so to do, and imploring his aid and guidance in its accomplishment--do ordain and establish this Constitution for the government of the Cherokee Nation. The term "Nation" as used in this Constitution is the same as "Tribe."

Article I. Federal Regulations

The Cherokee Nation is an inseparable part of the Federal Union. The Constitution of the United States is the Supreme law of the land; therefore, the Cherokee Nation shall never enact any law which is in conflict with any Federal law.

Article II. Bill of Rights

Article III. Membership

Article IV. Distribution of Powers

The powers of the government of the Cherokee Nation shall be divided into three (3) separate departments: Legislative, Executive and Judicial; and except as provided in this Constitution, the Legislative, Executive and Judicial departments of government shall be separate and distinct and neither shall exercise the powers properly belonging to either of the others.

Article V. Legislative

Article VI. Executive

Article VII. Judicial

There is hereby created a Judicial Appeals Tribunal composed of three (3) members all of whom must be admitted to practice law before the highest Court of the State of which they are residents, and all of whom shall be members of the Cherokee Nation, appointed by the Principal Chief and approved by the Council for such terms as the Council may provide. The purpose of this Tribunal shall be to hear and resolve any disagreements arising under any provision of this Constitution and any enactment of the Council. The Council shall provide for a procedure which shall insure that nay litigant receives due process of law together with prompt and speedy relief, and shall generally follow that portion of the Oklahoma Statutes know as the Administrative Procedures Act, Title 75, Oklahoma statutes, 301 et seq. The decision of the Judicial Appeals Tribunal shall be final insofar as the judicial process of the Cherokee Nation is concerned.

Article VIII. Cabinet

There shall be a cabinet composed of the following persons who shall be members of the Cherokee Nation:

Secretary-Treasurer
Secretary of Health, Education and Welfare
Secretary of Commerce and Industrial Development General Counsel
Secretary of Communications

These persons shall be appointed by the Principal Chief and approved by the Council. The Council, on recommendation of the Chief only, may create additional cabinet positions and departments. The Chief shall prescribe the duties and responsibilities of cabinet members. Cabinet members shall be authorized to appoint such staff and other assistants as they deem necessary. The Council may, with recommendation of the Principal Chief, abolish any established cabinet position or function or revise the title or responsibilities of any foregoing department or function.

Article IX. Election

Article X. Fiscal

Article XI. Removal from Office

Article XII. Employee Rights

No employee, who having served in a position at least one (1) year, shall be removed from the employment of the Cherokee Nation except for cause. The employee shall be afforded a hearing by the Judicial Appeals Tribunal under such rules and procedures as may be prescribed by the Council. These rules and procedures, however, must follow, as nearly as practicable, the provisions of the Oklahoma Administrative Procedures Act, Title 75, Oklahoma States 301 et seq.

Article XIII. Oath

Article XIV. Clans

Nothing in this Constitution shall be construed to prohibit the right of any Cherokee to belong to a recognized clan or organization in the Cherokee Nation.


-=+=+=+=+=-
Document Provided by:

The CHEROKEE OBSERVER
P.O. Box 1301
Jay, OK. 74346-1301
Phone/FAX: (918) 253-8752
cwyob@mailhost.galstar.com
-=+=+=+=+=-


Continue reading the Constitution
of the Cherokee Nation of Oklahoma

Please use the back function on your browser to return!