Citizens of the Sault Ste. Marie Tribe of Chippewa Indians, Michigan’s largest federally recognized Tribe with more than 50,000 citizens, will vote on a proposed new Constitution that would significantly restructure its Tribal government.
The Tribe’s current Constitution, adopted in 1975, vests governing authority in a Board of Directors and provides for a Chairperson to be elected by the voters of the Tribe who then serves as a member of the Board. The proposed Constitution would establish three co-equal branches, including a 12-member Tribal Council, an executive branch led by an independently elected Tribal Ogemaa, and a constitutionally established judiciary consisting of a Trial Court called the Court of Gweyakwaadziwin (Honesty) and a Supreme Court called the Court of Nbwaakawin (Wisdom). It also expressly provides that the Tribal citizens are the source of governmental authority and that powers not granted to the government are reserved to the citizenship.
The proposal also includes a detailed Bill of Rights protecting, among other things, religious and cultural beliefs; speech and press; privacy against unreasonable searches and seizures; criminal process rights; equal protection, application, and opportunity under the law; whistleblower protection; the right to own, bear, and use arms; and property rights. It also expressly addresses sovereign immunity and waivers of immunity, suits against elected officials and employees acting in their official capacity or within the scope of their authority, and the right of citizens to bring Tribal Court actions to enforce constitutional rights.
Anishinaabe language and law are reflected throughout the proposed Constitution. The Preamble invokes Anishinaabe Bimaadziwin (the Anishinaabe way of life) and the Seven Grandfather Teachings, and Tribal courts would have jurisdiction over matters arising under Tribal customs as well as the Tribe’s Constitution, treaties, and laws.
The proposal also constitutionalizes the Mackinac Band as a seventh historical band for citizenship purposes, resolving a longstanding difference between the existing Constitution which does not include the Mackinac Band, and the Tribe’s Membership Ordinance, which does.
The Board unanimously voted May 19 to move the proposal to a federally administered Secretarial Election. The Tribe’s updated election information is available on its Secretarial Election page.
