LETTER TO THE EDITOR: Citizens need to be involved in changing tribal constitution

I am wondering how many members of the Rosebud Sioux Tribe realize that we as members living on the reservation are not protected by some of the provisions of the United States Constitution, and this is why our own Constitution is so important to us. Three of the essential protections of the US Constitution not given to members of our Tribe is the Fifth Amendment (Protection against Government Abuse) part of the Bill of Rights, the Sixth Amendment (Right to Counsel) and the Fourteenth Amendment (Due Process), although there are others these three affect the everyday lives of our people.

The Rosebud Sioux Tribes along with approximately one hundred and sixty (160) other tribes voted to become a part of the Indian Reorganization Act of 1934. Although the IRA (Indian Reorganization Act not the Irish Republican ArmyJ) was to secure new rights for Native Americans such as restoring their right to manage land and assets, preventing further depletion of reservation resources, ensuring a sound economic foundation for reservations and inhabitants, and encouraging a return to tribal self-government and self-determination.

The Indian Reorganization Act never addressed the issue of members living on the reservation that were denied some of the protection afforded other citizens under the U.S. Constitution. I understand and agree with this because of the fact we are a Sovereign Nation and therefore need to create our own laws using our own Constitution. We also must remember that a government is still a government regardless if it is State, Federal or TRIBAL. That because of this we as members of the Tribe need to ensure that our Constitution offers us the same if not better rights under our Constitution as the United States Constitution offers its citizens.

In 1968 Congress after conducting hearings created the Indian Civil Rights Act of 1968 which applies to the Indian tribes of the United States and makes many, but not all, of the guarantees of the Bill of Rights applicable to tribes. The Indian Civil Rights Act covers but not limited to (1) the right to free speech, press, and assembly; (2) protection from unreasonable search and seizure; (3) the right of a criminal defendant to a speedy trial, to be advised of the charges, and to confront any adverse witnesses; (4) the right to hire an attorney in a criminal case; (5) protection against self-incrimination; (6) protection against cruel and unusual punishment, excessive bail, incarceration of more than one year and/or a fine in excess of $5,000 for any one offense; (7) protection from double jeopardy or ex post facto laws; (8) the right to a trial by a jury for offenses punishable by imprisonment; and (9) equal protection under the law, and due process. ICRA also stipulated that the writ of habeas corpus would be available in tribal court. I also feel the ICRA needs to be improved but that is another story.

Right now our Tribal Council is debating our current constitution which is a good thing, but what I am wondering, is how we as Tribal members can become involved. There are a number of issues that I see need to be addressed.

Besides correcting the conflicts within the Constitution concerning the age of the Candidates, we need to clarify Candidate qualifications, Voting and our own Bill of Rights. I would also like to see the language of our Treaty be included in our Constitution. The basis of our Constitution should be our Treaty.

We as members need to take part in this debate over our constitution because in all reality it is our contract with the Tribal Government which insures equal protection under the law for all and not just for a selected few.

Let us build better protection for our Tribal employees, one where they can have a hearing with direct evidence instead of someone said that someone said. Let us create a fair and independent court, although our Constitution requires this now it is not being followed. Let us set fair bonds for those accused of crimes, it is my opinion that by not allowing bond violates our current constitution.

By debating and if we need to, changing our Constitution all of us can benefit. If we want we can create a new amendment which can include a traditional form of government to coincide with our current day government. Our Constitution can set us on an equal footing with State Governments in enforcing both criminal and civil laws within our boarders.

The Constitution was never meant to hold us back; it is only our lack of involvement and the poor wording within the Constitution that create problems. If our Constitution is not done properly it limits who we are, what we are and what we can do. Contact your representatives and insist that they involve the people in this debate. 

Pila maya yelo,

OJ Semans Sr.