MARUAWE!- WELCOME!

(April 1, 2008)

Section 1. Sovereign Rights and Inherent Powers. 2

Section 2. Treaty Rights Not Restricted. 2

Section 3. Rights and Powers Not Diminished. 2

Section 1. Sovereign Powers. 2

Section 2. Territory. 2

Section 3. Historical 2

Section 1. Citizenship Requirements. 2

Section 2. Enrollment Ordinance . 3

Section 1. Purpose. 3

Section 2. General Council. 3

Section 3. Specific Powers. 3

Section 4. Other Reserved Powers. 3

Section 5. Bi-Annual Meetings. 4

Section 6. Special Council Meetings. 4

Section 7. Quorum. 4

Section 8. Notice of Council Meetings. 4

Section 9. Conduct of General Council Meetings. 5

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Section 1. Governing Powers. 4

Section 2. Delegation of Authority. 5

Section 3. Separation of Powers. 5

Section 4. Supremacy Clause. 5

Section 1. Legislative Power. 5

Section 2. Composition of Legislature. 5

Section 3. District and At-Large Representation. 6

Section 4. Qualifications for Legislative Council Members

and Candidates. 6

Section 5. Terms of Office. 6

Section 6. Compensation. 6

Section 7. Powers and Duties of Legislature. 6

Section 8. Duties of Legislature Officers. 8

(a) Speaker of the Nation. 8

(b) Speaker Pro-Tem. 8

(c) Parliamentarian. 8

(d) Sergeant at Arms. 8

Section 9. Quorum for Regular and Special Legislature

Meetings. 9

Section 10. Regular Meetings. 9

Section 11. Special Meetings. 9

Special 12. Emergency Meetings. 9

Section 13. Closed Meetings. 9

Section 14. Rules of Procedure. 10

Section 1. Composition of the Executive Branch

and General Duties. 10

Section 2. Term of Office. 10

Section 3. Compensation. 10

Section 4. Powers and Duties of the Chairman. 10

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Section 5. Powers and Duties of the Vice Chairman. 11

Section 6. Powers and Duties of the Secretary. 11

Section 7. Powers and Duties of the Treasurer. 12

Section 8. Veto Authority. 12

Section 9. Appointment Authority. 12

Section 10. Offices and Records of Executive Officers. 13

Section 11. Seal of the Nation. 13

Section 1. Powers. 13

Section 2. Composition. 13

Section 3. Appointment. 13

Section 4. Compensation. 13

Section 1. Election Commission. 13

Section 2. Election Code. 14

Section 3. Compensation. 14

Section 1. General Elections. 14

Section 2. Nomination of Candidates. 14

Section 3. Official Announcement of Candidates. 14

Section 4. Conduct of Election. 14

Section 5. Certification of Election Results. 14

Section 6. Challenges of Election Results. 14

Section 1. Recall. 15

Section 1. Initiative and Referendum 15

Section 2. Initiative. 15

Section 3. Referendum. 15

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Section 4. Enactment and Rejection. 15

Section 5. Initiative or Referendum Effective Date. 15

Section 6. Restriction. 16

Section 1. Mandate. 16

Section 2. Form of Oath. 16

Section 3. Time. 16

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our Sovereign Nation and all Treaties and secure to ourselves and our descendants

the rights, powers and privileges provided by law, do solemnly ordain, establish and

adopt the following Constitution.

Further, we are dedicated to continue the customs that guided and sustained our

ancestors to preserve, defend and protect our lands, history, language, natural

resources, economic endeavors, all Treaty Rights and the individual rights of all

The name of this government is the “Comanche Nation.” This Constitution shall

supercede all previous Constitutions and Bylaws of the Comanche Nation. The

Comanche Nation is referred in this Constitution as the “Nation” and a person

.

law inconsistent with The Indian Civil Rights Act of 1968, as amended (25 U.S.C.

§§1301-1303; 82 Stat. 77).

except that nothing shall diminish the regulatory or taxing authority of the Nation on

any lands within its territory.

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sovereign rights and right to Self-Determination existing from time immemorial.

the United States government’s constitutional and legal trust responsibilities, rights,

duties and obligations.

in the Nation, but not expressly referred to in this Constitution, shall not be

diminished, abridged, or divested by this Constitution.

to the fullest possible extent with the inherent right to independent governance as

a Nation pre-existing the United States of America. This sovereign power shall

jurisdiction, entities, natural resources, assets and real property within the jurisdiction

of the Nation, for now and in the future.

land within the original boundaries of the Reservation as established by Treaty.

of the Nation.

1900 (31 Stat. 672), and subsequent Acts of Congress, shall be

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(b) All living immediate lineal direct descendants of allottees eligible for

Article born on or before May 29, 1976, the date of adoption of the

Original Constitution.

(c) Any child meeting the requirements of Section 1. (b) or (c) above who

be considered to have status in the Nation, provided that the

requirements of this Article are met.

disenrollment unless they become enrolled in another Federally

recognized Indian Tribe.

disenrollment decisions shall be set forth in an Enrollment Ordinance adopted by the

Legislative Council.

Council. The General Council delegates specific powers and functions to the

branches of the government, which can only be added to or removed by

amendments to this Constitution.

in Section 2., as a collective body, shall have the following rights:

(b) To elect to office and recall from office its governmental representatives

in accordance with election laws promulgated in accordance with this

Constitution;

(c) To approve or disapprove the annual budget. If the General Council

takes no action within sixty (60) days the annual budget shall be

deemed approved. All funds unless otherwise delegated to other

authorities shall be included in the Nation’s annual budget which shall

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be developed pursuant to a Budgeting Ordinance.

(d) To be informed of all matters to be voted on at least sixty (60) days

prior to any referendum votes.

remain with the General Council.

meetings of the Nation’s General Council on the third Saturday in April and

October of each year at 1:30p.m. at the Nation’s Headquarters or such other time

and place as the Executive Branch shall determine. The purpose of bi-annual

meetings shall be to present Tribal programs, Tribal business financial reports,

provide information concerning budgeting, business opportunities and other matters

of interest to the Nation. Bi-annual meetings shall be open to the public.

required to call a Special Council Meeting to occur not later than 30 days thereafter,

in the following situations:

(a) When so requested in writing by a majority of the Legislative Council

acting in its capacity as the Nation’s Legislative Branch.

(b) When so requested by an active valid petition duly approved by the

Election Commission and signed by one hundred and fifty (150) eligible

voters of the Nation, setting forth the purpose of the meeting consistent

with the Constitution and other applicable Tribal Laws, codes or

ordinances.

(c) Should the Chairman refuse to call a meeting of the Council or neglect

to do so for ten (10) days after requested pursuant to a duly approved

petition, the Nation’s Legislative Council is required to call such special

meeting within three (3) days and shall do so by notifying the Chairman

and the Executive Branch of the date thereof.

quorum shall consist of one hundred and fifty (150) eligible voters.

General Council meetings to be posted at the Nation Headquarters and other public

places stating the date, time, place, and purpose of the meeting. The Secretary

shall cause notice to be published at least two (2) weeks prior to the meeting in local

newspapers, and may utilize additional forms of media to notify the General Council.

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of the Nation shall be open to the public so long as law and procedures governing

order, as promulgated by the Legislative Council, are obeyed.

vested in three (3) separate branches: the Legislative, the Executive, and the

Judicial.

Legislative Council shall enact a budgeting ordinance to be implemented by the

Executive Branch. The Executive Branch shall administer the day-to-day functioning

of the government, manage and account for government funds; enforce this

Constitution and laws passed thereunder; and implement laws, codes, policies and

procedures enacted by the Legislative Council. The Judicial Branch shall interpret

this Constitution and apply the laws of the Nation.

branches of government shall be separate and distinct and no person or collection

of persons, charged with official duties under one of those branches, shall exercise

any power vested in either of the others except as expressly provided in the Nation’s

Constitution.

all territory, persons and transactions subject to the jurisdiction of the Nation.

vested in one legislative body called the “Comanche Nation Legislature.”

of thirteen (13) representatives elected by popular vote. The Legislature shall elect

among themselves a Speaker of the Legislature (Hereinafter “Speaker”), Speaker

Pro-Tem, Parliamentarian, Sergeant at Arms and the remaining 9 legislators shall

serve in their capacity as District Representatives. The Legislature shall serve three

quarter (3/4) time and receive a salary pursuant to Section 6. Compensation.

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majority vote approve and periodically review the Nation’s population every five (5)

years to determine if an amended district plan is necessary.

(a) Must be at least twenty-five (25) years of age;

(b) Must never have been convicted by any court of a felony, a

misdemeanor involving dishonesty or accepting a bribe; and

(c) Must not have been recalled from office as a result of a removal or a

recall action held in accordance with this Constitution. Such person

shall forfeit the right to seek election to any position for life.

a period of four (4) years or until a successor is duly elected and installed in office.

No term limits shall apply.

Judicial Branch shall be reasonably compensated for their services. The Legislature

shall develop and enact rules and procedures to appoint Salary Commissions in

order to allow an appropriate determination of compensation. The Legislature shall

appoint an independent Salary Commission composed of three (3) individuals and

they shall propose a salary structure for the Executive Branch and Judicial Branch.

The Executive Branch shall appoint an independent Salary Commission composed

of three (3) individuals who shall recommend a salary structure for the Legislature.

Salaries can be retroactive to the date the Legislature and Executive Branch are

elected.

to attend orientation on this Constitution and Tribal Laws within the first six (6)

months in office. Each Council member, including the Speaker or other presiding

officer, shall vote for each matter under consideration while in attendance at a

Legislature meeting, except when a conflict of interest arises. During deliberations

the Speaker shall be an active participant. Delegated powers and duties shall

include, but not be limited to the following power or duty to:

(a) Establish and amend Tribal Laws to promulgate ordinances and codes

governing law and order to protect the peace, health, safety and

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general welfare of the Nation.

duties and functions as stated herein.

(c) Establish an Election Board with representatives from each district and adopt

rules of conduct and procedure to govern all elections of the Nation and to

election.

(d) Establish an Enrollment Ordinance that protects the confidentiality of

enrollment records and sets forth, enrollment procedures to ensure all

enrollment applications are considered adequately.

(e) Establish and implement rules of conduct and procedure to govern all

levels of the Nation’s government, including a Code of Conduct.

(f) Establish a uniform method of codifying Tribal Laws, regulations,

resolutions, formal policy and other actions taken pursuant to this

Constitution.

(g) Enact laws governing the separation of the Nation’s government and

the Nation’s economic affairs and enterprises of the Nation,

when appropriate.

(h) Establish for the Nation a Freedom of Information Act, allowing

reasonable access to records of the Nation.

(I) Enact statutory authority governing the acquisition, leasing, disposal,

use, and zoning of land within the jurisdiction of the Nation or intangible

assets, and the encumbrance and disposition of non-real estate

tangible assets. Trust property owned by individuals shall be excluded.

(j) Create an Office of Attorney General and procedures for approval of

general and special legal counsel.

(k) Approve the filing of lawsuits by a two-thirds (2/3rds) majority vote and

authorize the Executive Branch to work with the Nation’s legal counsel

and or Office of Attorney General on such matters that require litigation.

Periodic reports on the status of all litigation shall be made to the

Legislature. No settlements shall be entered without the consent of

two-thirds (2/3) majority of the Legislature.

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(l) Enact a budgeting ordinance, appropriate funds and raise revenue,

including the power to tax and regulate and additionally develop

policies for receiving grants, donations, or other funding.

(m) Approve agreements negotiated by the Executive Branch with other

governments by a two-thirds (2/3) majority of the Legislature.

(n) Establish a merit based employment system for all the Nation’s

employees including the Nation’s separate business entities and a

Tribal Employment Rights Ordinance.

(o)Establish an official records maintenance and archival system for the

Nation.

powers as delegated by this Constitution. The Speaker shall preside

at all meetings of the General and Legislature and shall be responsible

for ensuring that appropriate minutes, recordings and documentation

are maintained and distributed to the Legislature, Executive Branch and

archival system for the Nation.

the Speaker in the event of the Speaker’s temporary absence or

disability or when it is determined the removal of the Speaker is

necessary based on a conflict pursuant to the operating procedures of

the Legislature.

expertise to advise the Speaker and Legislature on matters of

parliamentary procedure and operating guidelines of the Legislature.

The Parliamentarian shall keep copies of the Rules of Order, Council

Procedures and Code of Conduct available at all times the Legislature

is in session. Other duties may be delegated to the Parliamentarian by

the Legislature from time to time.

duties:

(i) Maintain order and authorize the Nation’s Law Enforcement to

remove any individual who is disruptive during any session of the

Legislature and maintain security therein.

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(ii) Execute posting of all notices or information and carry out other

directives of the Legislature and/or the Speaker.

(a) A quorum of the Legislature shall consist of nine (9) members, which

shall include the Speaker, Speaker Pro-Tem, Parliamentarian and

Sergeant at Arms. No business shall be transacted except when a

quorum is present.

(b) Once a quorum is established, it may be broken only when presiding

officer excuses legislators for emergency purposes.

(c) Members of the Legislature shall be removed from office when they are

absent from three consecutive meetings, or more than four nonconsecutive

meetings in one year.

of each month of the year at 10:00 a.m. to address the matters of the Nation. Any

and all matters affecting the Nation shall be included on an agenda posted thirty (30)

days in advance of the meeting. Should meeting times and dates conflict with other

significant matters the dates can be changed with proper notice.

In case of a holiday recognized by the Nation or cancellation due to extreme weather

conditions, the meeting will be held as soon as possible thereafter at the discretion

of the Legislature.

by the Speaker of the Legislature or by a majority of the Legislature. In addition, the

Legislature shall conduct Special Meetings devoted to Tribal Laws, to be called

Legislative Sessions.

Legislature is necessary, the Speaker, a majority of the Legislature and/or the

Chairman of the Executive Branch may call an emergency meeting. Advance written

or verbal notice of such meeting shall be given to the Legislature and Executive

Branch to the greatest extent feasible.

Closed session shall be limited to matters involving litigation or other legal concerns,

issues concerning Legislature staff or other matters as determined necessary to

protect the interests of the Nation.

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rules of procedure for the conduct of its proceedings. The Legislature shall keep and

publish a journal of its proceedings.

The Officers of the Executive Branch shall be the Chairman, Vice-Chairman,

Secretary and Treasurer, and they shall be vested with executive power and shall

dutifully support the Constitution and Laws of the Nation. Collectively, the Executive

Branch officers shall consist of the those officers identified above and they shall

oversee the offices of Tribal Administrator, Chief Financial Officer, Budgeting,

Planning, Records Management and any other Executive Branch administrative

offices, departments, agencies, and instrumentalities of the Nation. The Chairman

shall have the authority to recommend to the Executive Branch such other functions

as Attorney General, Chief of Staff and other positions as determined necessary.

general election for a term of four (4) years. The terms shall extend from their oath

of office until a successor is sworn in. No term limits shall apply.

Branch shall be prescribed by Article VIII, Section 6.

following powers, duties and leadership responsibilities:

(a) Transact all necessary business of the Nation in collaboration with the

officers of Nation’s government, or other governments as necessary

pursuant to established law and public policy.

(b) Represent the Nation in an ambassadorial capacity and serve as the

principal member of all Nation delegations.

(c) Execute and enforce the laws and resolutions through delegation to

appropriate departments.

(d) The Chairman shall from time to time give to the General Council

information on the State of the Comanche Nation and recommend to

their consideration such measures as necessary and expedient. A

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State of the Nation address shall be prepared and delivered to all

and thereafter as the Chairman deems appropriate.

(e) Make recommendations to the Legislature on matters of interest or

benefit to the Nation.

(f) Oversee the management of the Nation’s Executive Branch.

(g) Supervise the Tribal Administrator, who shall be subordinate to the

Executive Branch officers.

(h) Call special meetings of the Legislature and any subcommittee of the

Council, in accordance with this Constitution and the rules and

procedures of the Legislature.

(I) To sign necessary documents on behalf of the Nation when authorized

by the terms of this Constitution or law of the Nation.

(j) Request lands be placed in trust for the benefit of the Nation when

appropriate.

(a) Perform the duties of the Chairman in his absence, and assume the

duties and the powers of the Chairman when that position is vacated.

(b) Assume responsibility for Executive Branch administrative functions as

delegated by the Chairman.

(a) Preside in the absence of the other Executive Branch officers.

(b) Ensure that a report of the notices and minutes of all Executive Branch

and General Council meetings are recorded, archived and provided to

the Legislature.

(c) Maintain and protect the Great Seal of the Comanche Nation.

(d) Be responsible for sending all meeting notices as required by this

Constitution.

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(e) Assume the responsibilities for records management.

(f) Perform such other duties as may be specified by this Constitution, by

Tribal Law or Code, or as required by the Executive Branch.

(g) Directly oversee the Office of Enrollment.

(a) Preside in the absence of the other Executive Branch officers.

(b) Establish financial accountability for funds and revenues entrusted to

the Nation, monitor fiscal matters and advise the Executive Branch and

Legislature on the financial affairs of the Nation.

(c) Secure an audit of each Fiscal Year’s financial activities and publish

that audit of the prior fiscal year funds at least sixty (60) days prior to

the first bi-annual meeting held in April of each year for distribution to

(d) Have access to financial records and documents of the Nation in order

to carry out duties of the office as set forth herein.

(f) Acquire a surety bond, in an amount and with a surety company

satisfactory to the Executive Branch.

(g) Work with the Tribal Administrator, Chief Financial Officer and all

department directors to develop and adhere to the Annual Budget, in

accordance with Nation’s law and shall propose budgets subject to

General Council approval, pursuant to a Tribal budgeting ordinance.

Legislature. The Chairman shall return any vetoed bills, with a statement of the

objection(s), to the Legislature.

The Chairman shall notify the Legislature within five (5) days of his exercise of his

decision to veto a bill. Vetoed bills will be returned to the Legislature for further

consideration or modification. The Nation’s Legislature may, by an affirmative vote

of three fourths (3/4) of it’s members, override a veto by the Chairman.

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consent of the Legislature, the members of each board, commission or other

instrumentality in the Executive Branch whose election or appointment is not

provided by this Constitution. The Chairman may appoint executive staff .

The Chairman shall submit the name of an appointee to the Legislature for

confirmation at a duly convened monthly meeting the name of all recommended

appointees. Failure of the Legislature to confirm or deny the appointment, prior to

the end of the monthly Legislature session, shall constitute approval.

officers shall maintain records, books and papers of the Executive Branch at the seat

of government in a manner prescribed by the law of the Nation.

business by the Chairman and/or Secretary of the Nation and it shall be called the

“Great Seal of the Comanche Nation.”

Branch established by this Constitution.

Judicial Branch. The Judicial Branch shall be made up of one Trial Court, one

Supreme Court, a Chief Clerk of each Court, and appropriate subordinate clerks of

court. The Judicial Branch shall also include trial level courts of special jurisdiction

as established by law such as the Nation’s Tribal Children’s Court.

Section 9. Executive Branch appointment of Justices and Judges of the Judicial

Branch. The Judicial Branch shall interpret this Constitution, Tribal Laws, codes,

ordinances, including laws defining its powers and duties.

Branch appointees and employees shall be prescribed by Article VIII, Section 6.

by this Constitution as an independent entity to protect the integrity of all elections

conducted pursuant to this Constitution. The Election Commission shall conduct all

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general and special elections. The Legislature shall adopt an ordinance, rules and

regulations governing the appointment of Commission members, organization of the

Election Commission and the conduct of elections. There shall be at least one

representative from each district on the Election Commission.

process ensuring that the Nation’s Numunuu are informed about all matters to be

voted on. The Legislature shall enact an Election Code consistent with this

Constitution.

the Election Commission, and it shall be reviewed periodically.

Branch shall be the only Nation officials elected by popular vote.

for any office named in Section 1. shall file a Statement of Intent to run for public

office not later than February 15th.

by the Election Commission shall be announced to all members of the General

Council by regular mail pursuant to a tribal ordinance..

pursuant to the ordinance, rules and regulations adopted by the Legislature as

provided for in Article XI. Section 2.

non-certified election results at the Nation’s Headquarters as soon as reasonably

available after the election, and disseminate the results by any other appropriate

means of communication. Certified election results shall posted by the Election

Commission not later than ten (10) business days after the election unless an

unresolved election challenge exists.

challenge the result of any election by filing a written challenge with the Election

Commission. The Election Commission shall act on every challenge to election

results.

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and choose whether to enact proposed law or reject acts of the Legislature by

referendum election.

a petition containing a number of signatures that equals at least 200 or twenty

percent (20%) of the number of eligible voters who cast a vote in the last General

the General Council in an election to be held within sixty (60) days of the verification

of the petition by the Election Commission.

any proposed, or previously enacted ordinance or resolution of the Legislature shall

be submitted for a vote by the General Council in an election to be held within sixty

(60) days of the vote by the Legislature.

(a) Majority of the total votes cast shall be required to enact or reject a

proposition initiated under Art. XIV, Section 2.

(b) Votes totaling a majority of at least twenty percent (20%) of the General

Council shall be required to approve or disapprove a referendum issue

considered pursuant to Art. XIV, Section 3.

(c) The Election Commission shall certify the election returns.

effective thirty (30) days after certification, and it is not subject to veto by the

Chairman, if an initiative is defeated in an election, the same matter cannot again be

the subject of an initiative election for two (2) years. Additional procedures for the

initiative and referendum may be prescribed by code or ordinance.

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define the jurisdiction of the courts or prescribe their rules. No article, section, or

provision of the this Constitution shall be amended except as provided in Article XV

herein.

the eligible voters of the Nation voting in an election called for by action of the

Legislature or the General Council. A petition for a Constitutional amendment shall

be signed by no less than twenty percent (20%) of the eligible voters of the Nation

as certified by the Election Commission. At least thirty percent (30%) of those

entitled to vote must cast a ballot in the election or the amendment shall fail.

Amendments to the Constitution shall become effective upon certification of the

election results by the Election Commission.

well as appointed officials shall take an oath of office and pledge to support and

defend the Constitution of the Nation prior to assuming the duties of office.

People that I will support and defend the Constitution and Laws of the Nation, and

will faithfully, and impartially execute the duties of my office to the best of my

abilities. I will promote and protect the best interest of the Nation in accordance with

the terms of the Constitution.

final election results are certified, and after time for the filing of challenges has

elapsed. The oath shall be signed and maintained in the Nation’s records by the

Secretary of the Executive Branch:

The Nation’s Executive Branch shall designate members to represent the Nation on

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the Kiowa, Comanche and Apache Intertribal Land Use Committee to transact

business regarding land and property owned jointly by the three (3) Tribes. The

designated members shall be authorized to enter into, on behalf of the Nation, after

consultation with the Legislature, leases, permits, easements, rights-of-way,

contracts for development planning, and other transactions, except the sale thereof,

relating to lands jointly owned by the three (3) Tribes to the extent that the Nation’s

Legislature could so act.

The Nation shall not adopt any law, code, or resolution, either through any act of the

properly executed contract of the Nation or of any agent, corporation, or member of

the Nation. Any law, code, or resolution which, by its terms or in effect, would impair

the availability of any judicial remedy in such contract shall be considered an

impairment of contract.

If any provision of the this Constitution shall, in the future, be declared invalid or

unconstitutional by the Nation Judiciary, the invalid provisions shall be severed and

the remaining provisions shall remain in full force and effect.

This Constitution shall become effective when ratified by a majority vote of the

eligible voters of the Nation voting in a special election called for such purposes by

the Secretary of the Interior; provided, that at least thirty percent (30%) of those

Constitution shall remain in full force and effect only to the extent that they are

consistent with this Constitution.