Question #3: Do you see the Eastern Band of Cherokee Indians having a constitution in the next five years? If so, how do we get there – and if not, why?
Bucky Brown, Tutiyi/Tsalagi Gadugi (Snowbird/Cherokee County) candidate
The conversation around a constitution is an important one. While the idea has been presented to community clubs over the last several years, there is still a lack of widespread understanding and engagement with the content and implications of such a foundational document. For a constitution to be successful and truly representative, it must be built through meaningful community input and education. I believe a phased, article-by-article voting process led by the people is a sensible approach. This allows time for deep understanding and consensus before ratification of the full document.
Shennelle Feather, Elawodi (Yellowhill) candidate
Yes. Please also see the Yellowhill Debate concerning this question, it is question number 7.
I believe that the path to a constitution will not be easy but to me the first step is education, and participation. Engaging our communities with this conversation in a good way, and teaching our youth the importance of understanding our history, what it means, and what it could mean for our next 7 generations. It starts with our leadership setting the example.
If the EBCI is to have a constitution in the next 5 years, these are the likely steps:
1. Community Education & Dialogue
• Host community forums, workshops, and school programs to explain the difference between a charter of incorporation (which EBCI currently uses) and a constitution.
• Share examples from other tribes (e.g., Navajo Nation, Cherokee Nation of Oklahoma, Mississippi Band of Choctaw) to show how constitutions can strengthen sovereignty.
2. Consensus Building
• Address fears that a constitution may shift power dynamics (e.g., Executive vs. Legislative vs. Judicial).
• Ensure broad community involvement, not just leadership-driven efforts, to avoid division.
3. Drafting Process
• Form a Constitutional Committee made up of elders, legal experts, youth, and community members.
• Draft multiple models (traditionalist, hybrid, modern governance) for open discussion.
4. Referendum Vote
• Ultimately, adoption must come from the people, through a binding referendum that ensures majority support.
5. Implementation & Transition
• Gradual transition from charter to constitution with clear timelines.
• Protect existing rights, clarify separation of powers, and reaffirm sovereignty.
Lavita Hill, Kolanvyi (Big Cove) candidate
Siyo, my name is Lavita Hill and I’m a Tribal Council candidate for KoLaNvYi/ToLeDvYi. This week I’m discussing my views on whether I foresee the EBCI having a constitution within the next 5 years, and how we achieve that, or whether we don’t have one in that timeframe. I believe we will have a new constitution when and if there is widespread and noticeable public support for one. Despite the notable efforts of many over the years, the necessary level of support hasn’t been there yet. Whether that will happen in 5 years or not, I do not know. If public support gets there, it will happen. If it is just being pushed by a few, it won’t. Things can happen quickly if the right circumstances present themselves.
Let’s talk a little bit about our current Charter and Governing Document. Though our current Charter was adopted in 1986, many if not most of its provisions can be traced back to the Lloyd Welch Constitution. Did you know we are approaching the 150th anniversary of the Lloyd Welch Constitution being adopted at the Cheoah Council Ground? It was adopted on Oct. 13, 1875.
Does our current leadership plan to mark this important anniversary? I would encourage our current leadership to do something to acknowledge this historic moment, and, if elected, I will quickly introduce a resolution during Annual Council to recognize its 150th anniversary (though we won’t be taking the day off).
Our 1986 Charter lays out the framework for our modern government. It’s not perfect (no written document is). We must consider that we have developed volumes of ordinances and resolutions based on powers granted to Tribal Council and the Executive office under the Charter. I believe we need to take some time to thoroughly review our current governing documents before we continuously add to the volumes of passed resolutions that are never implemented or are a contradiction to our current laws and we keep going in circles. We need to be very careful about replacing such a document outright because it could lead to disorder if not done correctly.
I encourage all our members to review and learn from our historical documents. Anyone who reviews the Lloyd Welch Constitution will see the influence it has on our Charter. Isn’t it interesting that many provisions of our current Charter can be traced back to 1875? We have been operating under this document since we began to reconstitute our government after removal, and WE ARE STILL HERE. This October 13th, we should be celebrating our stability and history!
I have spent time reviewing the proposed constitution on Sgadugi.org. It seems to me those who are seeking a constitution want more robust protections for our Tribal members. I fully support this. Tribal government must deal fairly with our people, and every day, if I am blessed to sit around that horseshoe, I will fight for ALL tribal members to be treated fairly. I will always stand up for everyone’s right to be treated respectfully and with dignity.
Please join me this Oct. 13 in celebrating what is an important milestone in the long and proud history of our people!
Patrick Lambert, Tsisqwohi (Birdtown) candidate
I have always supported our Tribe developing its own constitution. In fact, when I was in office, I mailed a draft constitution to every enrolled member so that our people could review it and provide feedback. That process was unfortunately cut short for political reasons, but my support for a constitution has not changed.
That said, we must be clear about what such a document should accomplish. Any constitution for the Eastern Band must:
- Provide a Bill of Rights that protects every enrolled member.
- Establish three distinct and balanced branches of government.
- Place real limits on government power while reserving certain inalienable rights for the people.
- Be written in plain, clear language that all our members can understand.
Without these basic protections, I could not support a constitution. I say this not only as someone who has long worked in tribal government, but also as a licensed attorney for more than 30 years who has dealt directly with these questions. A constitution must be simple, clear, and protective of our people—otherwise it risks creating more problems than it solves.
There is also a misconception that our current Charter is somehow inferior to a constitution. I disagree. Our Charter has stood as our governing document for more than 150 years and has proven itself strong and resilient. In truth, it is already the constitutional equivalent in our system.
For that reason, I believe the path forward must be practical. If we want a constitution, we should begin with what we all know and agree on – our Charter. By making modest adjustments—such as renaming it as a Constitution, adding clear amendment procedures, and then addressing changes one amendment at a time—we can achieve broad agreement. Trying to replace our Charter wholesale with a brand-new, unfamiliar document would almost certainly fail.
If we take this practical approach, I believe we can adopt a constitution within the next 2-5 years. But the only way to succeed is to start from common ground, keep it simple, and ensure that it protects the rights of all Enrolled Members and our Cherokee Families.
Patrick Lambert – Birdtown/3200 Tribal Council. Let’s Go!
David Wolfe, Elawodi (Yellowhill) candidate
Yes, I foresee our tribe having a Constitution in the next five years. I believe we could have something to present to the people in 2026. The Constitution Committee has been working very hard to address the issues that aren’t addressed in the current charter. The proposed amendments/constitution could be voted in the 2027 election. As I discussed in the previous debate, I think a section by section approach of approval to the Constitution would better ensure consensus of the overall document.
Glenn Bradley, Wayohi (Wolftown) candidate
If we work together we can achieve anything. We need to be a people that stands together to accomplish one goal. I am unsure if this much progress can be made in five years but I know we could lay the foundation and build on it as that’s what it is critical, a firm foundation. One that works for the people in my community, and every community and enrolled member.
Venita K. Wolfe, Kolanvyi (Big Cove) candidate
A Constitution for the EBCI, this conversation has been happening in our communities and in our homes for decades. I have sat on the front porch with my dad, Glenn, listening to him tell me why we needed a constitution and why we would never have one. He told me stories of his dad, my grandfather, Eli, discussing this exact same topic when my dad was a boy. This topic is not new to me or to our tribe. The EBCI Constitution has been in discussion since the 1868 Loyd Welch Constitution.
In 2011, constitutional experts from other tribes were invited to Cherokee to provide guidance to create an EBCI Constitution. Frank Ettawageshik, Little Traverse Bay Band of Odawa Indians, said, “The power belongs to the people…The document can’t be the source of the power. The government is not the tribe. The government serves the tribe. The people use the government to get the ends that they wish, and the document is how they do it.” (One Feather, 8/10/21)
In 2010, the EBCI Governing Documents and Review Committee published a report and recommendations. Tribal Council charged this committee to report any defects in the Tribe’s current organizational integrity. Committee members represented each community, and the working sessions were open to the public. This is a 64-page document that every tribal citizen should read. I was educated and informed by this report: the legal battles our tribe endured, the state-issued charter that was modified and adopted in 1986 as the Charter and Governmental Document of the EBCI, the attachments in the report were impressive. The work this committee completed on behalf of the EBCI and by the request of Tribal Council should be reviewed and considered. One recommendation was the EBCI government should be restructured to include independent branches of government, separation of powers, and protection of individual members’ rights according to a constitutional system.
Historically, there have been various attempts at creating a constitution for the EBCI. In the past couple of year, I have attended meetings and listened to the discussion regarding the latest edition of the constitution, as a citizen of the tribe and a member of the community club council. I was present on April 6, 2023, when Tribal Council voted, unanimously, to allow the referendum on the Constitution to be included in the September 2023 election. I remember looking around and telling my fellow citizens, “They did not read it. There were no questions or comments. They did not read it.” I read the commentaries by legal counsel, I witness how quickly opposing positions were gathered and posted on social media, and I was saw the referendum be removed from the 2023 election.
I applaud everyone who has taken this enormous undertaking on behalf of our EBCI members and our tribal governance. I appreciate the commentaries, concerns, and legal reasoning of what could be improved in the document. Instead of being on opposing sides, let us come together and create a constitution that would benefit us all as members of the Eastern Band. I believe the framework has been created by the existing constitution committee, the proposed document is not chiseled in stone and can be revised to represent our tribal citizens and governmental needs.
Working within the governmental framework the EBCI has created, modeled after the federal government, the creation of a constitution is needed. This process needs to include experts in the field, legal representation, each township needs to be represented, at-large representation (not everyone lives in their community or in the state), and I am sure I am leaving others out of this list. I am not an expert in this process; I am willing to learn and listen to others. I would like to have guidance from other tribes who have been successful in creating their constitutions and learn from their mistakes and challenges. EBCI citizens need to be invested in the process; this is an individual commitment. This is not easy and may not be accomplished in 5 years, but we never know unless we try. I hope I am not having a conversation with my grandkids on how we need a constitution and why we do not have one.
Chris Reed, Elawodi (Yellowhill) candidate
I believe that it’s possible to have a constitution within the next five years. However, it’s going to take a change in leadership to be open to the idea AND public participation is key. To hear the recent Constitution draft failed was a disappointment.
There are some in Tribal government who say a large document can’t be agreed upon – that it’ll be kicked out because of one little issue/concern. The most recent document was provided to the public in sections and had strong support. The disagreements sparked debate and discussion which is what is should have done. In the end, the sections were approved by the committee and moved forward. A constitution is possible! The public needs to remember their voices are strong.
I would take the recent constitution draft and utilize that for a future draft. We desperately need term limits on ALL elected officials, we need The Office of Internal Audit and Ethics and the Community Club Council to have teeth to keep elected and appointed personnel (Secretaries/Board Members) in check, rules/boundaries for the Attorney General, and our courts need to be protected as a third arm of the Tribe. Our government operations (Tribal Operations) needs to allow for better, more efficient routes of resolutions in front line employee relations/issues. And most importantly, we need to have basic human rights for guaranteed for ALL EBCI citizens – food, water, housing, clothing, education, and common dignity for all EBCI citizens – regardless of religion, sexual orientation, age, and background.
A constitution is a living document, hence amendments added to the U.S constitution. I think most of the older leadership look at it as being static. We would have the ability to amend our constitution and provide framework for Grand Council, election security, impeachments/removal from office, Emergency Powers, and other special circumstances. A constitution would allow us to have stronger representation with the Federal government and any international governing bodies – we need to have a better footing in the United Nations, as a sovereign nation, with a constitution supporting us as Cherokee people.
The United States constitution took a few years to draft and ratify. That document details the role of government in a broader sense and not everyone agreed. But it was done. The Iroquois have the Great Law of Peace, which is 117 articles and has details down to ceremony and harvest. They have provisions for their elected officials on how to conduct themselves. This is possible for us too!
I would love to see our Tribe set with a constitution. I would be all for helping the committee with making this a reality. Our Tribe needs this!
Joey Owle, Wayohi (Wolftown) candidate
There have been several efforts over the past decades to develop and enact a constitution. The most recent effort began with Tribal Council unanimously voting in April 2023 to place a proposed constitution on the September general election ballot. However, the referendum was then indefinitely postponed in July 2023 in response to concerns voiced by young tribal members and the Attorney General about the document’s state and potential consequences. That same resolution rescinded prior referendum questions, including those about term limits and staggered council terms, and established a path forward: new constitution conventions, inclusive delegate selection from all branches of government and youth, mandatory legal review, public updates, and potential third-party consultation.
Since then, meetings have been held, including a public convening in October 2023 to discuss the reconstituted Constitutional Convention and to reappoint committee delegates, including youth representatives and Community Club Council members. Participation remains modest and awareness of how and when to engage has not been consistently or clearly communicated, in my opinion. Meetings have also not been conducted as scheduled, leaving interested participants hanging typically the day of. If we continue this trend, I do not foresee a new foundational document being adopted by the people within five years.
I believe it is possible to achieve, but only through robust engagement, deliberate involvement, thorough vetting of the language, and the dedicated will of elected officials and community members. It has to be a priority, not just for those who are elected or selected to the constitution committee, but for each individual, family and community to see it to fruition.
Shannon Swimmer, Aniwodihi (Painttown) candidate
My hope for the EBCI is that we will have a constitution by 2030. As discussed during the recent candidate debates, a Charter and a Constitution are different, with a charter being better suited to corporations and cities while a constitution is for governments. As a sovereign tribal government, we have citizens who deserve the rights and protections guaranteed by a constitution.
With a constitution, the people grant the government certain powers to govern them as citizens. This is why the current constitution convention/committee and past efforts have all sought input from tribal members. Our constitution should be a document written by us and for us.
One misconception about the process for developing a constitution has been that it must be approved by Tribal Council and/or Executive (Chief and Vice Chief). The actual process is that Tribal Council determines which issues/questions can go out to all tribal members in a referendum. This means Tribal Council can authorize a question to be placed on the ballot for a referendum, which is not the same as Tribal Council approving a constitution. That decision is for the people.
Currently, efforts remain underway to draft a constitution to go out to the people for approval. There is still the question of whether the constitution should be approved in sections or as an entire document. Please visit www.sgadugi.org to read a draft version, read our current charter, and learn more about the efforts to adopt a constitution.
I would like to hear from the community about their thoughts on the constitution and will be happy to answer questions about it and discuss our best path forward.
Boyd Owle, Tsisqwohi (Birdtown) candidate
The EBCI has made great strides toward adopting a constitution but it remains complex. The idea of a constitution has created discussion to strengthen our sovereignty and advance the way we govern ourselves. While I believe we are making progress it requires careful planning, legal input and community support. I believe it is possible and I am hopeful that the EBCI will adopt a constitution within the next five years.
Success will depend on several key factors:
- Engaging and educating the community is important to building consensus and trust in the process. The Constitution Committee has done a great job helping to inform tribal members but a wider outreach is needed to ensure community understanding and support.
- Adopting the constitution in sections could reduce confusion and allow for refinement over time. This also allows community feedback and legal review at each stage.
- Conducting a thorough legal and structural review is critical. Collaboration between the Constitution Committee, Tribal Council and the Attorney General’s Office will help resolve unclear language and potential conflicts while ensuring protections under the Charter are preserved.
- Working on both the Tribal Code and the Constitution by updating current laws while developing a new foundational document helps us move forward.The Tribal Code and Charter can be improved to meet our needs, while support for a constitution continues to grow, meeting our long-term goals for sovereignty, culture and self-governance.
The effort to establish a constitution is not just a legal or political process, it’s a reflection of who we are and how we choose to govern ourselves. While there are challenges, the opportunity to create a document that represents our values, sovereignty and vision for the future is worth pursuing with thoughtfulness and unity. Whether it takes five years or longer, I believe we should continue with transparency and support from the voices of all communities.
Jeff Thompson, Aniwodihi (Painttown) candidate
I think it is possible for the EBCI to have a constitution within the next five years, but achieving that will require deliberate planning, broad community engagement, and strong consensus-building. There should be no gray area in the wording so it could not be misconstrued. A constitution would provide a foundational governance framework that clearly defines the separation of powers, the rights of citizens, and the responsibilities of our elected officials.
To get there, the first step is community education and dialogue. Many members still have questions or concerns about what a constitution means for our sovereignty, culture, and existing laws. We must host informational sessions in every community, provide written and digital resources, and create space for an open debate.
The second step is constant contact with the Sgadugi group. This group should be tasked with creating a draft constitution that reflects both Cherokee core values and modern governance principles. Enrolled members can find information at https://sgadugi.org or email at ebciconstitution@gmail.com.
Third, we must ensure transparency throughout the process. Every draft is shared publicly for review and feedback on the Sgadugi website. I found this site to be very informative and it was most recently updated on March 24, 2025.
Finally, once a consensus is reached, we should hold a referendum vote, ensuring every EBCI citizen has a voice in ratifying the constitution. In the meantime, I think we should look at updating specific provisions in the EBCI Code of Ordinances. Our code has not been updated in quite a while and an update would be beneficial not only to our governance but to our overall success.
This process won’t be quick or easy, but with patience and unity, we can lay a lasting foundation for self-governance and protect our sovereignty for generations to come.
