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File #: 11-007    Version: 1 Name: N/A
Type: Resolution Status: Withdrawn
File created: 1/12/2011 In control: RULES COMMITTEE
On agenda: 1/27/2011 Final action: 1/27/2011
Enactment date: Enactment #:
Title: A RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VIII SECTION 2 OF THE CHEROKEE NATION CONSTITUTION, PROVIDING FOR JUSTICES OF THE SUPREME COURT TO BE ELECTED BY POPULAR VOTE
Sponsors: Jodie Fishinghawk
Indexes: Constitutional Amendment, Election, Justice, Supreme Court
Title
A RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VIII SECTION 2 OF THE CHEROKEE NATION CONSTITUTION, PROVIDING FOR JUSTICES OF THE SUPREME COURT TO BE ELECTED BY POPULAR VOTE
Body
WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government in behalf of the Cherokee people; and,

WHEREAS, the Constitution of the Cherokee Nation was approved by the Commissioner of Indian Affairs on September 5, 1975, seconded by Principal Chief Ross O. Swimmer on October 2, 1975, and ratified by the Cherokee people on June 26, 1976; and,

WHEREAS, the Constitution of the Cherokee Nation was approved by Commission of Indian Affairs on April 23, 2002 and ratified by the Cherokee people on July 26, 2003, after said Constitution was revised at a duly called Convention of Delegates as provided by law; and,

WHEREAS, the Cherokee Nation Tribal Council is approved by Article XV Section 2 of the Constitution to proposed constitutional amendments when the same are approved by a majority of all members of the Council and submitted to the people for their approval at a general election, or at a special election called for that purpose by a two-thirds vote of the Council; and,

WHEREAS, Article VIII Section 2 of the Cherokee Nation Constitution states that Justices of the Supreme Court shall be appointed by the Principal Chief and confirmed by the Council to serve terms of ten (10) years; and

WHEREAS, it would be of great benefit to the Cherokee Nation to have the Justices of the Supreme Court elected by the Cherokee people; and,

WHEREAS, requiring Justices of the Supreme Court to be elected by the citizens of the Nation will promote the Nation as a democracy.

NOW, THEREFORE, BE IT RESOLVED by the Cherokee Nation through its Tribal Council, that a proposed amendment to substitute language in Article VIII Section 2 of the Cherokee Nation Constitution and that the same be submitted to the duly qualified registered voters of the Cherokee Na...

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