The Three Affiliated Tribes (TAT), a sovereign Native American nation comprised of the Mandan, Hidatsa, and Arikara peoples, is currently engaged in a pivotal process: the review and potential adoption of a new tribal constitution. This undertaking represents a significant step towards self-determination and reflects the tribes’ commitment to shaping their own governance structure. The proposed constitution seeks to replace the existing document, which was originally drafted under the auspices of the federal government nearly seven decades ago, in 1936.
The historical context of the original constitution is crucial to understanding the significance of this current review. In the early 20th century, the U.S. government’s policies toward Native American tribes often involved assimilation and direct intervention in tribal affairs. The 1936 constitution, imposed by the Department of the Interior, reflected this era, establishing a framework for governance that, while intended to provide structure, often fell short of reflecting the unique needs and aspirations of the Three Affiliated Tribes.
Recognizing the limitations of the existing constitution and the need for a framework that truly embodies tribal sovereignty, a dedicated tribal committee embarked on a comprehensive process more than two years ago to draft a new governing document. This committee, comprised of tribal members with expertise in law, governance, and cultural traditions, meticulously crafted a constitution that addresses the specific challenges and opportunities facing the Three Affiliated Tribes in the 21st century.
The culmination of their efforts, the proposed constitution, was formally presented to the Tribal Council, the governing body of the Three Affiliated Tribes, on Wednesday. The presentation marked a critical juncture in the process, signaling the beginning of a period of intensive review and deliberation. However, rather than immediately proceeding to a vote, the Tribal Council wisely opted to prioritize community engagement and ensure that all tribal members have ample opportunity to understand the proposed changes and voice their opinions.
This commitment to transparency and inclusivity is evident in the extensive public outreach efforts already undertaken by the committee. Prior to the presentation to the Tribal Council, approximately 25 meetings were held across the reservation, providing a forum for tribal members to learn about the new constitution, ask questions, and share their perspectives. These meetings served as a vital platform for fostering dialogue and building consensus around the proposed changes.
The proposed constitution introduces several key changes designed to enhance tribal sovereignty and promote self-governance. One of the most significant features is the inclusion of a tribal bill of rights, which explicitly enshrines fundamental rights and protections for tribal members. This bill of rights serves as a safeguard against potential abuses of power and ensures that all members are treated with dignity and respect.
Another noteworthy change is the proposed restructuring of the tribal government. The current system, based on a council, would be replaced with a legislature, a change intended to create a more representative and accountable governing body. A legislature, with its system of checks and balances, can potentially lead to more robust debate and decision-making processes.
Furthermore, the proposed constitution empowers tribal members with the right to recall and impeach tribal officials. This mechanism provides a means of holding elected leaders accountable for their actions and ensuring that they are responsive to the needs of the community. The power of recall and impeachment represents a significant step towards greater citizen participation and democratic governance within the Three Affiliated Tribes.
In addition to strengthening the legislative branch, the proposed constitution also seeks to enhance the independence and integrity of the judicial system. Under the new framework, tribal members would have the right to elect their own judges, rather than having them appointed. This change is designed to ensure that the judiciary is accountable to the people it serves and that tribal laws are interpreted fairly and impartially.
Beyond structural reforms, the proposed constitution also addresses the identity and name of the tribe itself. The new document proposes changing the name of the tribe to the Mandan, Hidatsa, and Arikara Nation. This proposed change reflects a desire to emphasize the distinct identities of each of the three affiliated tribes and to promote a sense of unity and shared purpose.
Following the presentation to the Tribal Council, tribal spokeswoman Glenda Embry emphasized the importance of further public consultation. Recognizing that the proposed constitution represents a significant departure from the existing framework, Embry stated that there were widespread calls for additional public meetings to ensure that all tribal members have a clear understanding of the proposed changes. These additional meetings, tentatively scheduled for May, would provide another opportunity for community members to ask questions, express concerns, and offer suggestions for improvement.
The process for adopting the new constitution involves several steps. First, the Tribal Council must vote to approve the document and place it on a ballot for a constitutional election. A vote of at least five tribal councilmen is required to initiate this process. If the Tribal Council does not call for a constitutional election, tribal members can petition for a secretarial election by gathering signatures from 10 percent of eligible voters. This alternative pathway ensures that the voice of the people is heard, even if the Tribal Council is hesitant to act.
Ultimately, the decision of whether or not to adopt the new constitution rests with the members of the Three Affiliated Tribes. Through a combination of public meetings, community discussions, and ultimately, a vote, tribal members will have the opportunity to shape the future of their nation and ensure that their government reflects their values and aspirations. The review of this new constitution is a testament to the resilience and determination of the Three Affiliated Tribes to exercise their sovereign rights and build a stronger, more self-reliant future for generations to come.