HCRTF

Moving Forward!

HCRTF Charge

• “In the pursuit of Constitutional Reform, it

will be the duty of this Task Force to be

responsible for the comprehensive review of

the affected areas of the Ho-Chunk Nation’s

Constitution that are so identified as

requiring change, modification, or

amendment.

HCRTF Charge

• In the performance of this task, the Task

Force will be assigned, but not limited to,

the following responsibilities: to review,

revise, and draft appropriate language

changes, and to conduct public hearings on

those constitutional areas identified as

requiring reform.

Historical Perspective

• 1837 Treaty and Removal

• 1934 Indian Reorganization Act & Indian

Claims Commission Act (1949 Committee)

• 1961 WWBC & 1963 Constitution

• 1960’s onwards, Constitution Reform Task

Force

1963 Constitution

• Groundbreaking and a Result of Dedicated

Efforts by Tribal Members

• Deck Stacked in Favor of Feds/BIA

1994 Constitution

• Increased Self-Determination

• Separation of Powers

• Creation of Judiciary

• Constitutional Role for General Council

HCRTF

• Organized in 2008

• Chair R. Kent Kirkwood Addressed

General Council in 2008

• Surveyed Communities in December 2008

Major Issues – 2008 & 2009

• Incorporating Hocak Culture

• Separation of Powers

• Accountability of Government

Dissection of an Issue

• Identify A Constitutional Issue

• Look at Current Language – Authorizing

Section(s) and Clause(s) of the Constitution

• Draft/Discuss Proposed Revision(s)/New

Language in Constitution

• Discussion, Comments & Reasoning

• Bring/Present to People

A Sample: Executive Powers

• As currently stated, the Constitution assigns

powers usually enumerated to the Executive

to the Legislature. As revised, this will allow

outside parties a single point of contact—the

Executive—with oversight by the

Legislature

Constitutional Authorization• Article IV. Sec. 7: The secretary shall transmit the minutes of the General Council to the Legislature.

• Article V. Sec 2 (c) The Legislature shall have the power to constitute the Executive Director and members of a board of Directors for each Department, except the President shall name the Executive Director subject to confirmation by the Legislature… within ninety (90) days….”

• Article V. Sec 2 (i). The Legislature shall have the power

• To negotiate and enter into treaties

• Article V. Sec 2 (k). The Legislature shall have the power

• To acquire lands…

• Art. V Sec. 2 (n) The Legislature shall have the power

• To purchase under condemnation any lands within the jurisdiction of the Ho-Chunk Nation

• Art. V. Sec 2 (v). The Legislature shall have the power

• To establish and maintain headquarters…

• Art. V. Sec. 4. The Legislature shall maintain an accurate census….

• Art. V. Sec 13. Budget. The Legislature shall enact an annual budget.

• Article VII -Judiciary. Section 10. Election of Supreme Court Justices. Supreme Court Justices shall be elected by a majority vote of the eligible voters in the Ho-Chunk Nation, in accordance with the General Election provisions in Article VIII, Section 1 unless otherwise provided.

• Article VII –Judiciary. Section 11. Appointment of Trial Court Judges. The Legislature shall appoint a Chief Judge and any associate judges to the trial court.

• Article IX. Sec.8 (b) Vacancies in the Judiciary. Less than 12 (12) months remaining before the next General Election the Legislature shall fill the office.

Proposed Revisions/New Language

• Article V. Sec 2 (c) The Legislature President shall have the power to constitute

nominate the Executive Director and members of a board of Directors for each

Department, except the President shall name the Executive Director subject to

confirmation by the Legislature … within ninety (90) days….”

• Article V. Sec 2 (i). The Legislature President shall have the power To to negotiate and

enter into treaties…subject to ratification by a two-thirds vote of the Legislature.

• Article I. Article V. Sec 2 (k). The Legislature President shall have the power To

to acquire lands… subject to ratification by the Legislature.

• Art. V Sec. 2 (n) The Legislature President shall have the power to To purchase under

condemnation any lands within the jurisdiction of the Ho-Chunk Nation subject to

ratification by the Legislature.

• Art. V. Sec 2 (v). The Legislature President shall have the power to To establish and

maintain headquarters… subject to ratification by the Legislature.

Proposed Revisions/New Language

(con’t)• Art. V. Sec. 4. The President shall maintain an accurate census….

• Art. V. Sec 13. Budget. The President shall propose and the Legislature shall enact an annual budget.

• Article VII -Judiciary. Section 10. Election Appointment of Supreme Court Justices. Supreme Court Justices shall be appointed by the President subject to confirmation by the Legislature except that if a confirmation vote is not taken by the Legislature within 90 (90) days the nomination shall be deemed confirmed. elected by a majority vote of the eligible voters in the Ho-Chunk Nation, in accordance with the General Election provisions in Article VIII, Section 1 unless otherwise provided

• Article VII –Judiciary. Section 11. Appointment of Trial Court Judges. The President Legislature shall appoint nominate a Chief Judge and any associate judges to the trial court subject to confirmation by the Legislature except that if the confirmation vote is not taken by the Legislature within 90 (90) days a nomination shall be deemed confirmed.

• Article IX. Sec.8 (b) Vacancies in the Judiciary. Less than 12 (12) months remaining before the next General Election the President shall nominate and the Legislature shall fill confirm the office by the appointment to the office.

Discussion, Comments & Reasoning

• The above items provide for a more even distribution of enumerated powers. They give the Executive nomination, negotiation and agreement powers, while reserving authorizing and appropriation powers for the Legislature. What this creates is a balanced tribal government where the relationship between the Legislature and Executive requires communication and cooperation.

Governmental Structure

• Separate Branches with Executive, Legislature, Judiciary and General Council.

• Separate Branches with Tribal Council with Chair, Judiciary and General Council

• Tribal Council w/Chair, Judiciary, General Council and an independent Business Board

• Bi-Cameral Legislature (elected & traditional houses), Executive, Judiciary and General Council

Culture

• Translation of Constitution

• Language Requirement

• Membership versus Citizenship

Moving Forward

• Examination and Re-Examination of

Governmental Role

• Unique Status as a “Domestic Dependent

Nation” 30 U.S. 1 (1831)

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