Constitution of the Yakama Nation

Constitution of the Yakama Nation. The Constitution of the Yakama Nation is the foundational governing document of the Yakama Nation, a federally recognized tribe in Washington State. Ratified in 1937 under the auspices of the Indian Reorganization Act, it established a modern, elected government structure while affirming inherent tribal sovereignty. This document serves as the supreme law of the Yakama Indian Reservation, organizing its government and defining the rights of its citizens.

Historical background and adoption

The development of the constitution was directly spurred by the passage of the Indian Reorganization Act of 1934, championed by Commissioner of Indian Affairs John Collier. This federal legislation reversed the earlier Dawes Act policy of allotment and encouraged tribes to adopt written constitutions. For the Yakama people, this process involved consolidating the governance of fourteen distinct bands and tribes that were signatories to the Treaty of 1855. Delegates, including influential leaders, convened to draft the document, which was subsequently ratified by the eligible voters of the Yakama Indian Reservation on April 24, 1937. This act formally replaced aspects of the earlier governance under the Treaty of 1855 and established a new, centralized political entity.

Government structure and separation of powers

The constitution establishes a tripartite government with a clear separation of powers among legislative, executive, and judicial branches. The legislative authority is vested in a fourteen-member Tribal Council, with representatives elected from districts within the Yakama Indian Reservation. The executive power is held by a Chairman, a Vice-Chairman, and a General Council Secretary, all elected at-large. The judicial branch consists of the Yakama Nation Tribal Court, which includes lower courts and a supreme court, tasked with interpreting the constitution and tribal law. This structure was designed to provide a stable, representative government while incorporating traditional values, and it operates from its administrative headquarters in Toppenish.

Rights, citizenship, and sovereignty

The constitution explicitly defines tribal citizenship, which is generally based on lineal descent from the original signatories of the Treaty of 1855. It affirms the inherent sovereignty of the Yakama Nation, including powers of taxation, law enforcement, and regulation of resources within its territory. The document protects fundamental rights for its citizens, such as due process and equal protection under tribal law. Furthermore, it asserts authority over all lands within the exterior boundaries of the Yakama Indian Reservation, including both trust lands and fee simple lands, a critical aspect of its jurisdictional claim. These provisions are central to the nation's ongoing relationship with entities like the Bureau of Indian Affairs and Washington State.

Amendments and judicial review

The constitution contains a formal process for amendment, requiring a proposal by the Tribal Council or a petition by the people, followed by a majority vote in a tribal referendum. This process has been used to modify various provisions over time. The power of judicial review is vested in the Yakama Nation Tribal Court, specifically its supreme court, which holds the ultimate authority to interpret the constitution and determine the legality of actions by the Tribal Council or other government officers. This ensures that all branches of government and enacted codes, such as the Yakama Nation Land Code, operate within the constitutional framework established in 1937.

Relationship with United States law

The constitution exists within a complex dual legal system, recognizing the supremacy of the Constitution of the United States and federal statutes like the Indian Reorganization Act. However, it is predicated on the nation's inherent sovereignty, which pre-dates the United States. This relationship is defined by treaties, particularly the Treaty of 1855, and key federal court decisions such as those from the United States Supreme Court and the United States Court of Appeals for the Ninth Circuit. The Yakama Nation regularly engages in government-to-government relations with federal agencies like the Bureau of Indian Affairs and the United States Department of the Interior, asserting its rights over matters ranging from fishing rights to natural resource management.

Category:Native American tribal constitutions Category:Yakama Nation Category:1937 in law