By SCOTT MCKIE B.P.
One Feather Asst. Editor
CHEROKEE, N.C. – Tears flowed and people exclaimed for joy as Tribal Council passed legislation approving a referendum on a proposed Constitution for the Eastern Band of Cherokee Indians. During its regular session on Thursday, April 6, Tribal Council approved unanimously a resolution submitted by the Cherokee Community Club Council that calls for a referendum on the Constitution to be held during the September General Election. You can read the entire proposed Constitution at https://sgadugi.org
Big Cove Rep. Teresa McCoy, center, cries as she hugs Tammy Jackson, left, following passage of legislation by Tribal Council on Thursday, April 6 that grants a referendum vote on the proposed Constitution for the Eastern Band of Cherokee Indians. Shown at right is Stephanie French, Yellowhill Community Club. (SCOTT MCKIE B.P./One Feather photos)
“This is absolutely one of the best days I have had in 22 years as a Council representative,” Big Cove Rep. Teresa McCoy, who made the motion to pass the legislation, said following its passage. “I see a future going forward with unity and strength. I see law that is solid that will protect our culture, traditions, our Indian community for the rest of our lives.”
Prior to the vote, Bunsey Crowe, Cherokee Community Club Council chairman, told Tribal Council, “I think it is a very important document for our Tribe…this is a living document. It’s not set in stone.”
He added, “It’s for our Tribe as a whole, and that’s why we feel very passionate about this and moving forward and letting the people have their say.”
The Community Club Council lent its support to the proposed Constitution following a two-day Constitutional Convention held recently.
The legislation states that a referendum question will be added to the ballot for the General Election to be voted on by EBCI tribal members who would vote yes or no as to whether or not to approve the proposed Constitution. If approved by the referendum, the Constitution would replace the current Charter and Governing Document which was enacted and adopted on May 8, 1986 by Res. No. 132 (1986).
Ernest Tiger, Cherokee Community Club Council co-chair, was delighted at its passage. “I see the Constitution as a riverbank, and the Tribe is currently flowing down the river with no clear direction on where we are going or even where we are because there currently is no shoreline. The Constitution is that riverbank and provides a clear understanding of where barriers are and also provides a compass on what direction we should move towards. You can read through the current Tribal Charter and there are zero accountability laws written into this document. However, what you will find is a plethora of obstacles written into the Charter to keep tribal citizens from holding public officials accountable in their spending or performance.”
EBCI Beloved Woman Carmaleta Monteith has worked on the proposed Constitution for six years and said she was overjoyed at the decision. “I think they (Council) understand that governments need constitutions, not business charters, to be the governing document.”
Monteith said she feels strongly about several parts of the proposed Constitution including raising the age to run for Tribal Council from 18 to 25. “Even though we don’t have many people that age running, at least it acknowledges where we stand – that people need to have experience in order to make good decisions.”
Another part of the Constitution she particularly likes involves Grand Council which is outlined in Article VII and describes it as such, “Grand Council, being a unique body in Cherokee culture and tradition, shall be an assembly of the Principal People which consists of Tribal citizens eighteen (18) years of age or older. The Cherokee Community Club Council shall convene, establish the procedures for, set the agenda for, and preside over Grand Council.” The Article goes on to describe the following: call for Grand Council, Financing Grand Council, Agenda, Officers, Quorum, and what to do with the results from a Grand Council.
Members of the Cherokee Community Club Council and the Cherokee Constitution Committee are shown on the front steps of the Tribal Council House following passage of the legislation. Shown, left to right, front row – EBCI Beloved Woman Carmaleta Monteith; Stephanie French, Yellowhill Community Club; Big Cove Rep. Teresa McCoy; Trudy Crowe, Big Y Community Club; Bunsey Crowe, Community Club Council chairman; middle row – Venita Wolfe, Big Cove Community Club; Ginger Southard, Wolftown Community Club; Deb West, Big Cove Community Club; Tammy Jackson, EBCI Cooperative Extension Office working with the Community Club Council; Virginia Johnson, Yellowhill Community Club; back row – Robert Jumper, Cherokee One Feather editor and moderator for the recent Constitutional Convention; Ernest Tiger, Community Club Council vice chairman; and Lloyd Arneach Jr., Constitution Committee.
Section 10 of the Charter & Governing Document states in one sentence, “The Principal Chief shall have the right to call a Grand Council of all enrolled members to attend and he shall preside over such meeting.”
Monteith is vehement about the Grand Council section of the proposed Constitution. “One of the reasons I feel that should stay in there is the last one that was held was such a mess. Even though we don’t know how it was always conducted (historically), at least this keeps a simple framework.”
She said giving the Community Club Council the right to call a Grand Council is “including the voice of the people”.
This came up four years ago, but Tribal Council voted to withdraw a resolution from the Citizens for a Constitution group that was asking for the same thing – for the constitution to be voted on in a referendum.
One of the original members of the Constitution Committee, Lloyd Arneach Jr., was elated following the passage on Thursday. “I’m emotionally overwhelmed. It’s been six years that we’ve been working on this version of the document, and to see it enthusiastically approved to be on the ballot, so the people have a voice, so they can say this is what they want – I didn’t think we’d get here this fast.”
He added, “I was expecting pushback and delay.”
So, now the Constitution Committee is switching into education mode for the upcoming referendum.
“We’ve got a couple of billboards that will be going up in about two weeks to start promoting it,” said Arneach. “We’re going to be putting together some mailers to send out to all the registered voters.”
He said educational materials on the Constitution will also be distributed at the Community Club level. “In the Constitution, this version, the community and the people have more leverage than the current document that we’re being governed by. We have a say in the government. We don’t have authority, but we have protections and we have rights. And, that’s one of the things that’s lacking currently. It’s just historic.”
Article XVI of the proposed Constitution discusses adoption of the document stating, “This Constitution shall become the supreme law of the Eastern Band of Cherokee Indians when adopted by a majority vote of the registered voters of the Eastern Band of Cherokee Indians voting in an election and shall become effective after certification by the Election Board.”
The General Election is scheduled for Thursday, Sept. 7 from 6 a.m. to 6 p.m.
