Constitution
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CONSTITUTION

OF THE

INDIAN CREEK TRIBE CHICKAMAUGA CREEK & CHEROKEE NATION INC.

2009

 

 

     The Indian Creek Tribe Chickamauga Creek and Cherokee having again re-united, and become one body politic, under the style and title of the Chickamauga Cherokee Nation: Therefore,

     We, the people of the Chickamauga Cherokee Nation, in National Convention assembled in order to establish justice, insure tranquility, promote the common welfare, and to secure to ourselves and our posterity the blessings of freedom, acknowledging with humility and gratitude, the goodness of the sovereign ruler of the Universe, in permitting us so to do, and imploring His aid and guidance in its accomplishments, do ordain and establish this constitution for the government of the Indian Creek Tribe Chickamauga Creek and Cherokee Nation.

 

ARTICLE 1

     Sec. 1:     The boundary of the Indian Creek Tribe Chickamauga Creek and Cherokee shall be that is described once we get the lands.

     Sec. 2:     The lands of the Indian Creek Tribe Chickamauga Creek and Cherokee Nation shall remain common property, but the improvements made thereon, and in the possession of the citizens of the Nation, are the exclusive and indefeasible property of the citizens respectively who made, or may rightfully be, in possession of them; Provided, that the citizens of the Nation possessing exclusive and indefeasible right to their improvements, as expressed in this article, shall possess no right or power to dispose of their improvements, in any manner whatever, to anyone other than another Chickamauga Cherokee, or to individual citizens thereof, and that, whenever any citizen shall remove with his effects out of the limits of this Nation, and become a citizen of any other government, all his rights and privileges as a citizen of this Nation shall cease: Provided, nevertheless, that the National Council shall have power to re-admit, by law, to all the rights of citizenship, any such person or persons who may, at any time, desire to return to the Nation, on memorializing the National Council for such re-admission.

ARTICLE 2

     Sec. 1: The power of the government shall be divided into three (3) distinct departments, the National Council, Executive and the Judicial.

    

     Sec. 2:     No person or persons belonging to one of these departments shall exercise any of the powers properly belonging to either of the others, except in the case hereinafter expressly directed or permitted.

ARTICLE 3

     Sec. 1:     The Legislative power shall be vested in two (2) distinct branches: - a National Council of the Mothers of the Roundhouse, and the Council of the Sun Lodge, and the style of their acts shall be: -*Be it enacted by the National Council.

     Sec. 2:     The National Council shall make provision, by law, for laying off of the Indian Creek tribal Cherokee Nation into eight (8) districts, and if subsequently it should be deemed expedient, one (1) or two (2) may be added thereto.

     Sec. 3:     The National Council shall consist of two (2) members from each district, to be chosen by the qualified Mothers of the Roundhouse and the Clan Chief of the Sun Lodge from their respective districts, and shall be in service as long as they live, unless they step down or break the law, as may be directed by law.

     The National Council shall, after the present year, be held annually, to be convened on the first day of May, at such place as may be designated by the office of the Principal Chief, or, in case of emergency, by the Principal Chief.

     Sec. 4:     Before the districts election may take place, first the Mother of the Roundhouse will make a list of who can run under the House of Micco as the Principal Chief, then  it is placed to vote before all the tribal members. Once a Principal Chief is elected he will serve for life, unless he breaks the law, or steps down.

     All others are appointed by the Mothers of the Roundhouse and the Chief of the Sun Lodge, or the Principal Chief if a seat needs to be filled.

     Sec. 5:     No person shall be eligible to be seated in the National Council but a member of the Indian Creek Tribe Chickamauga Creek and Cherokee, who shall have attained the age of eighteen (18) years or older.

     Sec. 6:     The electors and members of the National Council shall in all cases, except those of treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections and at the National Council, in going to and returning.

     Sec. 7:     In all elections by the people, the electors shall vote viva voce. All citizens, who have attained the age of eighteen (18) years, shall be equally entitled to vote at all public elections.

     Sec. 8:     Each branch of the National Council shall judge the qualifications and return of its own members, and determine the rules of the proceedings punish a member for disorderly behavior, and with the concurrence of two-thirds (2/3rds), expel a member, but not a second time for the same offense. They would be removed from the Council.

     Sec. 9:     Each branch of the National Council, when assembled, shall choose its own officers, a majority of each constitutes a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalty as each branch may prescribe.

     Sec. 10:     The members of the National Council shall not receive from the public treasury compensation for their service. This is donated time to the tribe and its people.

     Sec. 11:     The national Council shall regulate by law, by whom and in what manner, writs of elections shall be issued to fill the vacancies, which may happen in either branch thereof.

     Sec. 12:     Each member of the National Council, before he takes his or her seat, shall atke the following oath or affirmation.

     I, ________________________, do solemnly swear that I have not obtained my election seat by bribery, treats, or any undue and unlawful means, used by myself or others by my desire or approbation for that purpose, that I consider myself constitutionally qualified as a member of the Indian Creek Tribe Chickamauga Creek and Cherokee, and that all questions and measures which may come before me, I will so give my vote, and so conduct myself, as in my judgment shall appear most conducive to the interest and prosperity of this Nation, and that I will bear true faith and allegiance to the same, and to the utmost of my ability and power, observe, conform to, support and defend, the constitution thereof.

     Sec. 13:     No person who may be convicted of felony shall be eligible to any office or appointment of honor, profit, or trust, within this Nation.

     Sec. 14:     The National Council shall have the power to make all laws and regulations, which they shall deem necessary, and proper for the good of the Nation, which shall not be contrary to this constitution.

     Sec. 15:     It shall be the duty of the National Council to pass such laws as may be necessary and proper to decide differences by arbitration, to be appointed by the parties who may choose that summary mode of adjustment.

     Sec. 16:     No power of suspending the laws of this Nation shall be exercised, unless by the National Council or its authority.

     Sec. 17:     No retrospective law, nor any law impairing the obligation of contracts, shall be passed.

     Sec. 18:     The National Council shall have power to make laws for laying and collecting taxes for the purpose of raising revenue.

     Sec. 19:     All bills making appropriations shall originate in the National Council, but the council may propose amendments or reject the same. All other bills may originate in either branch, subject to the concurrence or rejection of the other.

   

      Sec. 20:     All acknowledged treaties shall be the supreme law of the land, and the National Council shall have the sole power of deciding on the construction of all treaty stipulations.

     Sec. 21:     The Council shall have the Sole Power of impeaching. All impeachments shall be tried by the National Council, when sitting for that purpose, the member shall be, upon oath or affirmation, and no person shall be convicted without the concurrence of two-thirds (2/3rds) of the members present.

     Sec. 22:     The Principal Chief, Assistant Principal Chief, and all Civil Officers shall be liable to impeachment for misdemeanor in office, but judgment in such cases shall not extend further than removal from office, and disqualification to hold any office of honor, trust or profit, under the government of this Nation.

     The party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment, and punishment, according to the law.

 

ARTICLE 4

     Sec. 1:     The supreme executive power of the Nation shall be vested in a Principal Chief, who shall be styled:

     (The Principal Chief of the Indian Creek Tribe Chickamauga Creek and Cherokee)

The Principal Chief shall hold his office for life, and shall be elected by the people on the same day, and at the place where they shall respectively vote for member to the National Council.

     The return of the election for Principal Chief shall be sealed up and directed to the Head Mother of the Roundhouse and the Mothers of the Roundhouse who serve as the National Election Committee, who shall open and publish them in the presence of the National Council assembled. The person having the highest number of the votes shall be Principal Chief for Life, but if two (2) or more shall be equal and highest in votes, one (1) of them shall be chosen by joint vote of both branches of the National Council. The manner of determining contested elections shall be directed by law.

     Sec. 2:     No person, except a natural born citizen, shall be eligible to the office of Principal Chief; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five (35) years, and from the House of Micco.

     Sec. 3:     In case of the removal of the Principal Chief from office, or of his death or resignation, or inability to discharge the power and duties of the said office, the same shall devolve on the Assistant Principal Chief until an election can be called by the Mothers of the Roundhouse and the National Council. The vacancy shall be filled as soon as possible by the Mothers of the Roundhouse and the National Council.

     Sec. 4:     The National Council may, by law provide for the case of removal, death, resignation, or disability of both Principal and Assistant Principal Chief until the disability be removed, or a Principal Chief shall be elected.

     Sec. 5:     The Principal Chief and Assistant Principal Chief at no time shall be paid for their service; all the service is donated, by all people.

     Sec. 6:     Before the Principal Chief enter on the execution of his office, he shall take the following oath or affirmation:

 

     “I do solemnly swear or affirm that I will faithfully execute the duties of Principal Chief of the Indian Creek Tribe Chickamauga Creek and Cherokee , protect and defend the constitution of the Indian Creek Tribe Chickamauga Creek and Cherokee Nation, so help me Yowa.”

 

     Sec. 7:     He may, on extraordinary occasions, convene the National Council at the seat of government.

     Sec. 8:     He shall, from time to time, give to the National Council information of the state of government to their consideration such measures, as he may deem expedient.

     Sec. 9:     He shall take care that the laws be faithfully executed.

     Sec. 10:     It shall be his duty to visit the different Clans and districts at least once in two (2) years, to inform himself of the general condition of the country.

     Sec. 11:     The Assistant Principal Chief shall, by virtue of his office, aid and advise the Principal Chief in the administration of the government at all times during his continuance in office.

     Sec. 12:     Vacancies that may occur in offices, the appointment of which is vested in the National Council, shall be filled by the Principal Chief during the recess of the National Council by granting commissions, which shall expire at the end of the next session thereof.

     Sec. 13:   Every bill which shall pass branches of the National Council shall, before it becomes law, be presented to the Principal Chief, if he approves, he shall sign it, but if not, he shall return it with his objections, to that branch in which it may have originated, who shall enter the objections at large on their journals, and proceed to reconsider it, if, after such reconsideration, two-thirds (2/3rds) of that branch shall agree to pass the bill, it shall be sent, together with the objections, to the other branch, by which it shall likewise be reconsidered, and, if approved by two-thirds (2/3rds) of that branch, it shall become a law. If any bill shall not be returned by the Principal Chief within five (5) days, {Sundays exempted}, after the same has been presented to him, it shall become law in like manner as if he had signed it, unless the National Council, by their adjournment, prevent its return, in which case it shall be law, unless sent back within three (3) days after their next meeting.

     Sec. 14:     Members of the National Council, and all officers, executive and judicial, shall be bound by oath to support the constitution of the Nation, and to perform the duties of their respective offices with fidelity.

     Sec. 15:     In case of disagreement between the two (2) branches of the National Council with respect to the time of adjournment, the Principal Chief shall have power to adjourn the same to such a time as he may deem proper, provided, it be not a period beyond the next constitutional meeting thereof.

     Sec. 16:     The Principal Chief shall, during the session of the National Council, attend at the seat of government.

     Sec. 17:     There shall be a Council composed by five (5) persons to be appointed by the National Council, whom the Principal Chief shall have full power at his discretion to assemble, he, together with the Assistant Principal Chief and the counselors, or a majority of them, may, from time to time, hold and keep a Council for ordering and directing the affairs of the Nation according to law, provided, the National Council shall have power to reduce the number, if deemed expedient, after the first term of service, to a number not less than three (3).

     Sec. 18:     The members of the Executive Council shall be chosen for the term of two (2) years.

     Sec. 19:     The resolutions and advice of the Council shall be recorded in a register, and signed by the members agreeing thereto, which may be called for by either branch of the National Council, and any  counselor may enter his dissent to the majority.

     Sec. 20:     The treasurer of the Indian Creek Tribe Chickamauga Creek and Cherokee shall be chosen by a joint vote of both branches of the National Council, for the term of two (2) years.

     Sec. 21:     The treasurer shall, before entering on the duties of his office, give bond to the Nation, with sureties to satisfaction of the National Council, for the faithful discharge of his trust.

     Sec. 22:     No money shall be drawn from the treasury but by warrant from the Principal Chief, and in consequence of appropriations made by law.

     Sec. 23:     It shall be the duty of the treasurer to receive all public moneys, and to make a regular statement and account of the receipts and expenditures of all public moneys at the annual session of the National Council.

 

 

 

 

ARTICLE 5

 

     Sec. 1:     The Judicial powers shall be vested in a Supreme Court, and such circuit and inferior courts in the National Council may, from time to time, ordain and establish.

     Sec. 2:     The Judges of the Supreme and Circuit Courts shall hold their commissions for the term of four (4) years, but any of them may be removed from office on the address of two-thirds (2/3rds) of each branch of the National Council to the Principal Chief for that purpose.

     Sec. 3:     The Judges of the Supreme and Circuit Courts shall, at no time receive a compensation, which shall not be diminished during their continuance in office, but they shall receive no fees or prerequisites of office, nor hold any other office of profit or trust under the government of this Nation, or any other power.

     Sec. 4:     No person shall be appointed a judge of any of the courts, until he shall have attained the age of thirty (30) years.

     Sec. 5:     The Judges of the Supreme and Circuit Courts shall be elected by the National Council, and there shall be appointed in each district as many Justices of the Peace as it may be deemed expedient for the public good, whose powers, duties and duration in office, shall be clearly designated by law.

     Sec. 6:     The Judge of the Supreme Court and of the Circuit Court, shall have complete Criminal Jurisdiction in such cases, and in such manner, as may be pointed out by law.

     Sec. 7:     No Judge shall sit on trial of any cause when the parties are connected with him by affinity or consanguinity except by consent of the parties. In case all the Judges of the Supreme Court be interested in the house of any cause, or related to all or either of the parties, the National Council may provide by law for the selection of a suitable number of persons of good character and knowledge, for the determination thereof, and who shall be specially commissioned for the adjudication of such case by the Principal Chief.

     Sec. 8:     All writs and other process shall run in the name of the Indian Creek Tribe Chickamauga Nation, and bear test and be signed by the respective clerks.

     Sec. 9:     Indictments shall conclude against the peace and dignity of the Indian Creek Tribe Chickamauga Nation.

     Sec. 10:     The Supreme Court shall, after the present year, hold its session annually at the seat of government, to be convened on the first Monday of October in each year.

     Sec. 11:     In all Criminal persecutions the accused shall have the right of being heard, of demanding the nature and cause of the accusation, of meeting the witnesses face to face, of having compulsory process for obtaining witnesses in his or her favor, and in prosecution by indictment or information, a speedy public trial, by an impartial jury of the vicinage, nor shall the accused be compelled to give evidence against himself.

     Sec. 12:     The people shall be secure in their persons, houses, papers and possessions, from unreasonable seizures and searches, and no warrant to search any place, or to seize any person or thing, shall issue, without them as nearly as may be, nor without good cause, supported by oath or affirmation.

     Sec. 13:     All persons shall be bailable by sufficient securities, unless for capitol offenses, where the proof is evident or presumption great.

     Sec. 14:     The Principal Chief in all cases has the right to offer forgiveness for the person who has broken the law; this is his right if he chooses to do so.

 

ARTICLE 6

 

     Sec. 1:     No person who denies the being of Yowa, or future state of reward and punishment, shall hold n office in the civil department in this Nation.

     Sec. 2:     The free exercise of religious worship, and serving Yowa without distinction, shall forever be enjoyed within the fruits of this Nation: provided, that this liberty of conscience shall not be so construed as to excuse acts of discontinuousness, or justify practices inconsistent with peace or safety of this Nation.

     Sec. 3:     When the National Council shall determine the expediency of appointing delegates, or other public agents, for the purpose of transacting business with the government of the United States, the Principal Chief shall recommend and, by the advice and consent of the National Council, appoint and commission such delegates or public agents accordingly. On all matters of interest, touching the rights of the citizens of this Nation, which may require the attention of the United States government, the Principal Chief shall keep up a friendly correspondence with that government through the medium of its proper officers.

     Sec. 4:     All commissions shall be in the name and by the authority of the Indian Creek Tribe Chickamauga Nation, and be sealed with the seal of the Nation, and be signed by the Principal Chief. The Principal Chief shall make use of his private seal until a National seal shall be provided.

     Sec. 5:     A sheriff shall be elected in the Nation by the qualified electors thereof, who shall hold his office for five (5) years, unless sooner removed. Should a vacancy occur, subsequent to an election it shall be filled by the Principal Chief, as in other cases, and the person so appointed shall continue in office until the next regular election.

     Sec. 6:     No person shall, for the same offense, be twice put in jeopardy of life or limb, nor shall the property of any person be taken and applied to public use without a just and fair compensation provided, that nothing in this clause shall be so construed, as to impair the right and power of the National Council to lay and collect taxes.

     Sec. 7:     The right of trial by jury shall remain inviolate and every person, for injury sustained in person, property or reputation, shall have remedy by due course of the law.

     Sec. 8:     The appointment of all officers, not otherwise directed by this Constitution, shall be vested in the National Council.

     Sec. 9:     Religion, _______, and knowledge, being necessary is good government, the preservation of liberty, and the happiness of mankind, schools, and the manner of _____, shall forever be encouraged in this Nation.

     Sec. 10:     The Indian Creek Tribe will stand with and fight alongside the United States of America to fight for this land, as we have done for thousands of years. We will agree to send our warriors to fight for and protect this land, from anyone who wish to bring harm to it and its people.

     Sec. 11:     The National Council may propose such amendments to this Constitution as two-thirds (2/3rds) of each branch may deem expedient, and the Principal Chief shall issue a proclamation, directing all civil officers, of the several districts, to  _______ the _____ _______ as possible within their respective districts at least six (6) months previous  to the next general election. And if, at the first session of the National Council, after such general election, two-thirds (2/3rds) of each branch shall, by ayes and nays, ratify such proposed amendments, they shall be valid to all intent and purpose, to parts of this Constitution, provided, that such proposed amendments shall be read on ____ ______ days in each branch, as well when the same are proposed, as when they are ratified.

                                                                                                   Amendment

                                                                                                          No. 1


Effective November 6, 2010 a Council Meetings with two-thirds (2/3rds) of the voting Council present at any given meeting will constitute a quorum of Council members who can vote on any matter that comes up for resolution. This amendment is being added due to the fact that 100% of the Council  Members cannot come together at the same time due to constraints placed on us by our jobs and distance between each of us.



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