By SCOTT MCKIE B.P.
One Feather Asst. Editor
CHEROKEE, N.C. – Tribal Council held a work session, lasting nearly three hours, on legislation seeking new referendum questions regarding the proposed constitution for the Eastern Band of Cherokee Indians. The session was held on the morning of Wednesday, June 21 on Res. No. 627 (2023).
The legislation, submitted by the EBCI Office of the Attorney General, was tabled during the June 2 session of Tribal Council following a lengthy discussion. The legislation seeks to rescind Res. No. 150 (2022) and Res. No. 559 (2023), both of which include approved referendum questions that will appear on the September General Election ballot, and include four questions crafted by the Attorney General’s Office in their place.
Res. No. 559 was passed during the April 6 session and approved a referendum question simply asking voters whether they approve the proposed constitution.
The four questions posed in Res. No. 627 include:
- Should the EBCI Charter and Governing Document be renamed to be the ‘Constitution of the Eastern Band of Cherokee Indians’?
- Should the following amendment be made to the EBCI Charter and Governing Document: Section 25. There shall be a separate and co-equal branch of the government of the Eastern Band of Cherokee Indians called the Judicial Branch. The judicial power of the Eastern Band of Cherokee Indians shall be vested in the Cherokee Supreme Court and in such inferior courts as Tribal Council may from time to time ordain and establish.
- Should the following amendment be made to the EBCI Charter and Governing Document: All provisions of the Indian Civil Rights Act shall apply in all judicial proceedings.
- Should the following amendment be made to the EBCI Charter and Governing Document: Persons elected to Tribal Council or to the position of Principal Chief or Vice Chief are subject to the following term limits: Tribal Council representatives shall be elected to no more than four consecutive two-year terms, for a total of eight consecutive years in office, excluding time served if elected in a special election to finish a term of office; the Principal Chief and Vice Chief shall be elected to no more than two consecutive four-year terms, for a total of eight consecutive years in office, excluding time served if appointed to the office. Persons who have been elected to serve eight consecutive years in their respective office shall not be allowed to serve in that same office for a period of two years immediately following the eighth consecutive year; however, after two years, eligibility to serve is restored. Years of elected service prior to 2025 shall not be applied to this section.
During Wednesday’s session, Hannah Smith, EBCI Office of the Attorney General, commented, “There are rights of tribal members, some rights that are taken away by this constitution. There are powers from the Legislative Branch and the Executive Branch that are rescinded from this constitution. And, this constitution will absolutely not allow this Tribe to continue its economic investments and bringing in revenue for tribal members and the Tribe.”
Later in the session, she said, “This (constitution) does harm to the Tribe. It doesn’t make sense to me to risk and gamble with an outcome that is detrimental. I can see risking and gambling on an outcome that uplifts and maybe adds to and is positive, but I can’t see gambling on an outcome that would be negative to this Tribe and the future of this Tribe.”
Lloyd Arneach Jr., EBCI Constitution Committee, said, “The constitution does not take away Tribal Council’s ability to legislate. It does not take away their ability to confirm offices. It does not take away sovereign immunity. I appreciate what the AG’s Office has brought forth, but a lot of it is mischaracterization, misrepresentation, and just wrong.”
He added, “You voted unanimously to put this resolution (No. 559, constitution) on the ballot. Let the people choose…in a nutshell, the Constitution group and the Community Club Council would like you to kill this resolution (No. 627).”
Painttown Rep. Michael Stamper said there were several points in the constitution he didn’t personally agree with but noted, “We put it out for referendum because that’s what it is – you let the people vote for it. I do take offense to Hannah’s position that it’s a gamble to do that. The people that I have spoken to are educated enough to read the document, see what they like and what they don’t.”
Big Cove Rep. Teresa McCoy said, “I took the time to read the constitutions of other tribes, and they’re oriented toward the people.”
Later, she spoke of the rights for tribal members included in the proposed constitution, “There’s nothing wrong with this document. I, too, have some issues with it but nowhere near enough to prevent our people from enjoying those rights I just listed. Every one of your rights was stricken through by the Legal Department…constitutions are working documents.”
Mary “Missy” Crowe, an EBCI elder from the Yellowhill Community, said, “I love all of you guys. I just don’t love the situation that we’ve gotten ourselves into. I care about everyone.”
She then asked Tribal Council to kill Res. No. 627, “Council, it’s up to you. You either stand with the community like you said in your first decision to put this on the ballot and trust our people to vote, just like you’re wanting us to trust you to vote for you.”
