Renewing Our Government
Constitutional Revision
Beyond referendum lies a deeper power reserved to the People: the right to amend and revise our Constitution itself. It is how each generation shapes the government it lives under.
Our current Constitution was adopted in the 1930s under the Indian Reorganization Act, drafted with heavy federal involvement. It concentrates nearly all authority in a single Tribal Business Council, with limited separation of powers.
Yet the same Constitution gives the People a way forward. Article X reserves to us the power to amend and revise our governing document — to build a government that better reflects our values, protects our rights, and fits the realities of self-governance today.
Art. X
The amendment power
Article X of our Constitution is the path to amend or revise our governing document.
1/3
To call an election by petition
A petition signed by one-third of the qualified voters can compel a Secretarial Election on a proposed amendment.
2/3
Council route
Alternatively, a two-thirds vote of the Tribal Council can request the Secretary of the Interior to call the election.
30%
Turnout to be valid
At least 30% of those entitled to vote must cast ballots for the election to count.
“A constitution should reflect the People who live under it. Revision is how we make ours our own.”
The power to amend
What our Constitution says
Constitution · Article X — Amendments
“This Constitution and Bylaws may be amended by a majority vote of the qualified voters of the tribes voting at an election called for that purpose by the Secretary of the Interior, provided that at least thirty (30) percent of those entitled to vote shall vote in such election; but no amendment shall become effective until it shall have been approved by the Secretary of the Interior. It shall be the duty of the Secretary of the Interior to call an election on any proposed amendment when requested by a two-thirds (2/3) vote of the Tribal Council, or upon presentation of a petition signed by one-third (1/3) of the qualified voters.”
The process
How an amendment becomes law
Revising our Constitution follows the path set out in Article X — from a drafted amendment to a Secretarial Election and final approval.
- 1
Draft the amendment
Prepare the specific change or revision to our Constitution or Bylaws — clear language the People can read and weigh.
- 2
Request an election
Either gather a petition signed by one-third (1/3) of the qualified voters, or secure a two-thirds (2/3) vote of the Tribal Council requesting the election.
- 3
Secretary calls the election
Under Article X, it is the duty of the Secretary of the Interior to call a Secretarial Election on the proposed amendment once the request is properly made.
- 4
The People vote
Qualified voters cast ballots in the Secretarial Election. At least 30% of those entitled to vote must participate for the election to be valid.
- 5
Majority approval
The amendment is adopted by a majority vote of the qualified voters voting in the election called for that purpose.
- 6
Secretarial approval
No amendment becomes effective until it has been approved by the Secretary of the Interior — the final step that makes the revision law.
Note the difference from referendum: amending our Constitution requires a higher bar — a one-third petition (or a two-thirds Council vote) and the approval of the Secretary of the Interior — because it changes the foundation of our government itself.
Why it matters
Why constitutional revision is worth pursuing
Separation of powers
Today, nearly all authority sits with one Tribal Business Council. Revision can divide power into legislative, executive, and judicial branches to guard against the concentration of power.
An independent judiciary
Our courts can have their jurisdiction stripped by the Council. A revised constitution can establish a truly independent judiciary with secure authority — including over civil-rights cases.
A stronger voice for the People
Revision can strengthen the People's direct checks — clearer referendum and recall rights, fair representation, and protection for off-reservation members.
Built for self-governance today
Our 1930s IRA constitution was drafted under heavy federal influence. Revision is a chance to align our government with contemporary self-determination and our own values.
Weigh in
Which amendments should we pursue?
These are possible amendments to our Constitution. Your answers are anonymous and help show where our people stand. Cast your vote on each — you can change your answer anytime.
Should our Constitution divide the government into three separate branches — legislative, executive, and judicial?
Should we establish an independent tribal court whose jurisdiction cannot be stripped by the Council?
Should our Constitution create an independent Attorney General to enforce our laws and hold officials accountable?
Should the People have a clearer, stronger right of referendum over Council decisions?
Should our Constitution include a recall provision?
Should our Constitution include reasons for removal from office?
Should off-reservation voters be allowed to vote by mail in general and primary elections?
Should our Constitution set term limits and stronger checks on the Tribal Business Council?
Read the source materials
Documents & resources
Our Constitution itself and the analyses behind the case for revision.
TAT Constitution (2010)
The full Constitution and Bylaws of the Three Affiliated Tribes — including Article X, the amendment provision.
PDF · ConstitutionThe Power Structure of the Three Affiliated Tribes
An analysis of how power flows between the People, the Council, the courts, and federal oversight — and the case for revision.
PDF · AnalysisConstitutional Reform Presentation (Notes, 2006)
Presentation notes discussing constitutional reform and governance for the Three Affiliated Tribes.
PresentationTwo tools, two jobs
Referendum vs. Constitutional Revision
Both put power in the hands of the People — but they do different work. Use referendum to check a decision; use constitutional revision to reshape the government itself.
Referendum
Check or overturn a Council decision.
- What it does
- Approves or overturns a specific Council action.
- What it changes
- A single resolution or ordinance.
- How it starts
- A proposed resolution to the Council; if it isn’t passed, a petition to the People.
- Threshold to act
- Petition signed by 10% of Qualified Voters in each community.
- The vote
- Mail referendum; binding with 30% turnout and a majority.
- Outside approval
- None — the People’s vote is final.
- The effect
- Binding on the Council — and cannot be overridden.
Constitutional Revision
Reshape the government itself.
- What it does
- Changes the structure and rules of the government itself.
- What it changes
- Our Constitution & Bylaws (Article X).
- How it starts
- A drafted amendment, then a request for a Secretarial Election.
- Threshold to act
- Petition by 1/3 of qualified voters — or a 2/3 vote of the Tribal Council.
- The vote
- Secretarial Election; adopted with 30% turnout and a majority.
- Outside approval
- Must be approved by the Secretary of the Interior to take effect.
- The effect
- Permanently amends our foundational governing document.
Two paths, one goal: a government accountable to the People.
Referendum lets the People check the Council’s decisions. Constitutional revision lets the People reshape the government itself. Learn how both work together.