CONSTITUTION REFORM DELEGATE COMMITEE REPORT
By Vivian LaMoore, Inaajimowin Editor
The Non-Removable Mille Lacs Band Reform Constitution Reform Delegation Committee released a report on the organization known as the Minnesota Chippewa Tribe and its Constitution. The committee is providing the Mille Band members a review of this report, which will be broken into five sections over the next five months. The first two sections to be reviewed this month are the Executive Summary and Background Information.
Let it be known these are the opinions and views of the Mille Lacs Band Delegate Committee only and do not represent the views of the Mille Lacs Band of Ojibwe. The report may not be cited as a statement of the Mille Lacs Band of Ojibwe's position or viewpoint on any matter discussed within the report or summary.
EXECUTIVE SUMMARY
After extensive research the Non-Removable Mille Lacs Band Constitution Reform Delegation Committee released a report revealing they have determined that the MCT and its Constitution are not a matter of Mille Lacs Band law or any other tribal law but instead, they were created through United States law. Because of this, they determined the foundation of their work as they reviewed the MCT Constitution must be supported by the Mille Lacs Band's sovereignty and self-determination efforts and opportunities.
Their examination of many documents led them to a number of significant points.
Sovereignty is the foundation of this report because the true source of the Band's sovereignty is the people. The committee believes the people determine the direction and power given to the people's government. The committee also emphasizes the importance of protecting, preserving, and advancing sovereignty for the people's continued existence under United States law.
According to their research, the Delegate Committee has concluded that the Minnesota Chippewa Tribe is not an "Indian Tribe" since it was created by the United States Secretary of Interior in 1936 by including six tribes under the umbrella of the MCT. The committee questions the Mille Lacs Band's association with an organization that is erroneously believed to be an "Indian Tribe" and lacks a solid foundation in United States law.
The Federal Register lists Indian Tribal Entities, not "federally recognized Indian Tribes." The Minnesota Chippewa Tribe is listed as an Indian Tribal Entity consisting of six reservations — not Bands or Indian Tribes. This is significant as reservations are not political entities but rather merely geographical locations. The Federal Register states that being listed on the Federal Register is a condition of eligibility for services and funding through the Bureau of Indian Affairs. It does not establish the political relationship between the U.S. and Indian Tribes.
The Delegate Committee affirms that amending the Revised Constitution and Bylaws of the Minnesota Chippewa Tribe does not fix the legal problems underpinning the creation of the Minnesota Chippewa Tribe under the Indian Reorganization Act. It can’t fix the problem that membership in the Minnesota Chippewa Tribe is based on the Nelson Act’s Permanent Roll and not based on being a person of Indian descent, or the offspring of a person of Indian descent, or some percentage of Indian blood.
BACKGROUND INFORMATION
On February 8, 2017, Resolution 41-17 was passed by the Minnesota Chippewa Tribe (MCT) Tribal Executive Committee (TEC) to develop a curriculum regarding the Revised Constitution’s history, development, and bylaws.
In June 2017, the Tribal Executive Committee of the organization known as the MCT agreed to hold three Constitutional Convention meetings throughout the state in August, September, and October of 2017. The TEC called for the Constitutional Convention to address several critical concerns within the MCT document adopted in 1936 and revised in 1964. For example, the current MCT Constitution reflects the United States’ influence on many early Indigenous constitutions after the passage of the Indian Reorganization Act of 1934 (IRA). They offered a model for Native Nations to organize that often conflicted with their own governing traditions.
From April 27, 2018, through October 30, 2018, the TEC revamped its approach by discontinuing the Constitutional Conventions and instead moved to initiate six Constitution Delegation committees. The six Delegations would represent Bois Forte, Fond Du Lac, Grand Portage, Leech Lake, Mille Lacs Band, and White Earth Tribes. The six Delegations representing the Constitution Reform Delegation Committee would meet regularly and recommend revisions to the current MCT Constitution. No guidelines or timelines were established before the initiation of the Delegation Committees.
The Non-Removable Mille Lacs Band Constitution Reform Delegation Committee was officially formed on December 13, 2018, consisting of ten Delegates. The areas represented are District I, District II, District IIa, District III, and the Urban Area.
The first step taken as a committee was to identify the priorities they needed to address before making any recommendations to revise the Constitution. First and foremost, the Committee decided it was necessary to learn the MCT’s history and thoroughly understand the legal opportunities and limitations surrounding this Constitution.
The first educational session was conducted on July 1, 2019. During this session, they reviewed the chronological history of the Mille Lacs Band and the U.S. Government.
A more extensive educational session was conducted on March 20, 2020. Unfortunately, due to the COVID-19 pandemic, this session was interrupted and not completed. The educational sessions resumed via video conference and continued between February 2021 and July 2021, with the final in-person session between October 12, 2021, and October 14, 2021.
The Committee continues to meet regularly. In addition, the Committee will conduct educational presentations on this Analysis Report providing updates on the work being conducted, what has been completed, and what work lies ahead.