Article IV. The National Constitutional Cherokee Council
There are three (3) recognized levels of government: local government (also known a community), state government (sometimes also known as regional), and National Government.
The National Council shall conduct itself in accordance with section # of the Handbook.
The National council shall have power to appoint subordinate personnel, committees and representatives, to transact business, and other wise speak or act on behalf of the Constitutional Cherokee in all matters on which the Constitutional Cherokee is empowered to act now or may be empowered to act upon in the future. The Council shall also have the power to delegate such powers to individual or subordinate groups consistent with law, and under such rules and regulations as may be prescribed by the Council and the HANDBOOK.
How Composed. The Constitutional Cherokee National Assembly which shall occur every 7th (seventh) year shall be composed of delegates in equal numbers, elected thereto by State Chapters of Constitutional Cherokee Councils; such ex officio members may be serve in this capacity as well, as determined by policies made on the national level.
Election of Delegates. At a State Chapters yearly assembly within 16 months of the meeting of the Constitutional Cherokee National Council or within 24 months in areas where travel visas or other unusual preparations are necessary, an equal number of chiefs and lay delegates to the Constitutional Cherokee National Council shall be elected by plurality vote, provided that the chief delegates shall be assigned as recognized community and state chapter chiefs and members in good standing of the Constitutional Cherokee. Each State Chapter shall be entitled to at least one chief and one member delegate, and such additional delegates as its membership may warrant on the basis of representation fixed by the National Council. Each State Chapters shall elect alternate delegates not exceeding twice the number of its delegates to attend and serve in any situation where the principal delegate may not be present or able to vote. In situations where travel issues are problematic, a State Chapter may authorize the State Chapters council to select additional alternates who may vote on any issue when the primary delegate is not present at the voting.
Credentials of Delegates. The secretary of each State Chapters of assembly shall furnish certificates of election to the delegates and alternates severally elected to the National Council, and shall also send certificates of such elections to the general secretary of the Constitutional Cherokee National Assembly immediately following the adjournment of the State Chapters annual assembly.
Quorum. When the Constitutional Cherokee National Council is in session, a majority of the whole number of delegates elected thereto shall constitute a quorum for the transaction of business. If a quorum has once been achieved during that session, a smaller number may approve the minutes then remaining unapproved, and adjourn.
National leadership. The Constitutional Cherokee National Council shall elect by ballot from among the Chiefs of the State Chapters of the Constitutional Cherokee as many National Council Principal Chiefs as it may deem necessary but no more than a maximum of 7 may serve in this capacity, who shall constitute the National Council of Principal Chiefs. Each of these are to be known as Principal chiefs. Principal Chiefs and vice chiefs may be either female or male and it is encouraged that both genders be represented. Any vacancy in the office of Chiefs in the interim of National Constitutional Cherokee Councils shall be filled by a two-thirds vote of the National Council of Chiefs.
Principal Chiefs. A principal chief above all the other principal Chiefs shall be appointed thereto by the National Assembly shall preside over the regular meetings of the National Council of Principal Chiefs. This supreme principal chief is to be known as the White or Peace Chief in times of tranquility and as the Red or War Chief in times of disturbance or calamity. The Chief holding office need not change in order for the designation to change, but may request that another be selected from the council to serve in that capacity if they so desire. The National Council of Principal Chiefs are to gather for meetings and discussion on a weekly basis whenever possible, but if no Principal Chief be so appointed or be present at these meetings, the Constitutional Cherokee National Council of Principal Chiefs council shall elect one of its members as temporary presiding officer. This principal chief of the Principal Chiefs is to preside over the meetings and to represent the nation whenever necessary in matters of state, but s/he may designate any of the other principal chiefs from the national council to serve as representative.
Vice Chiefs defined - each of the states shall elect a chief to server for that state. That chief will by virtue of the office held in that state be a Vice Chief in the National Council and shall have the privilege of attending national council meetings to voice opinion, and if requested by a 2/3 majority vote of the national council of principal chiefs at that meeting, may be selected by the national council to serve as an interim principal chief in the event of the absence of any principal chief at that council meeting. This is to be a one time appointment and would need to be re instituted at each future meeting should the absence of a principal chief be prolonged and may not extend beyond the regularly scheduled national elections.
Rules of Order. The Constitutional Cherokee National Council shall adopt rules of order governing its manner of organization, procedure, committees, and all other matters pertaining to the orderly conduct of its business. It shall be the judge of the election and qualifications of its own members.
National Court of Appeals. The Constitutional Cherokee National Council shall elect from among members of the Constitutional Cherokee a General Court of Appeals and shall define its jurisdiction and powers.
Powers and Restrictions.
(1) The Constitutional Cherokee National Council shall have power to legislate for the Constitutional Cherokee, and to make rules and regulations for all the departments related to or associated with it in any respect, but not in conflict with this Constitution.
(2) No local community shall be deprived of the right to elect its own community chiefs, subject to such approval as the Constitutional Cherokee National Council shall find wise to institute.
(3) All local communities, officers, membership shall always have the right to a fair and orderly trial and the right to make an appeal.
Once there are four or more organized and incorporated state chapters, they are to unite together and hold a National Assembly which shall then assembly every seven (7) years thereafter.
The National Assembly is to have a council that meets in the interim for business and to organize new state chapters in states of the historic homeland that do not yet have one and to be responsible for an audit every 7th year of the financial records and membership rolls.
DESCRIPTION:
NATIONAL:
There will be a National Council of Chiefs. These meet at least bi annually or as often as deemed necessary for the conducting of business.
There will be a National Assembly of delegates every seven years.
There will be a National Ambassador (aka Ugu) nominated from a joint session of the National Council of Chiefs and the State Chiefs and then ratified by ballot at the National Assembly.
The voting body of the National Assembly shall include:
all state chiefs both serving and former state chiefs, any living and fully confirmed beloved women (in accord with article #), The State elected Adawehi from each state, all current National Chiefs and former national chiefs, all state selected principal clan mothers, the national secretary,the national treasurer, all directors of the departments, services and divisions of the National Council, The State Directors of the Auxiliary Societies of Youth, Warriors, and Gadugi, The National Archivist, and an equal number of non leader delegates selected by each state assembly to match in number the leaders in the above positions who are eligible to attend from that state chapter.
National Government consists of both a National Assembly (occurring every 7th year) and a National Council of Principal Chiefs that is presided over by one of its members, selected from among the elected council and voted on by the National Council in the first business meeting they convene after the conclusion of the National Assembly. The person holding this office is to act as the CEO of the nation in business matters, but is not to act of her own accord but is to defer to the will of the council and does not vote on National Council matters except when her vote is to serve as either the deciding vote or the tie breaker vote whenever circumstances warrant.
There is also a national ambassador and a tribal court of judges nominated by a joint session of the State Chiefs and the National Council and ratified by the National Assembly (held each 7th year). These officers are to convene as often as necessary for conducting tribal courts and rulings.
We are agreed on the necessity of authority that shall complement and assist the local community groups in the fulfilling of their mission and objectives. The leadership at every level shall build morale, provide motivation, supply management and method assistance, and organize and encourage organization of prayer circles and potlucks within communities throughout the original, historic homeland.
We are agreed that authority given to state, regional or national leadership shall not interfere with the independent action of a locally organized community. Each community shall enjoy the right to select its own community chiefs, subject to such approval as the state, regional and National Councils of Constitutional Cherokee shall find wise to institute. Each community shall also elect delegates to the various regional or state chapters within which it is physically located and to the National Constitutional Cherokee Councils, each local community shall manage its own finances, and have charge of all other matters pertaining to its local life and work. All property held by deed and conveyance is to be held by the National Government.
National
The National assembly or convention meets 1 (one) time every seven (7) years and is composed of four (4) or more active state chapters.
THE FIRST NATIONAL ASSEMBLY AFTER REORGANIZATION AFTER THE REMOVAL ERA:
Upon the completion of the organization of 4 active state chapters [each incorporated state chapter must have a minimum of 2 active incorporated community chapters in order to be an active state chapter], there is to be implemented a planning committee for the purpose of organizing the first national Assembly. This assembly is to occur within 2 years of the incorporation of the 4th (fourth) active state chapter. Members of this committee are to be selected by each state (4 per state) and those committee members are to contact one another and meet together and select their own committee chairperson. These [4 from each state= minimum 16] committee members are to also organize the incorporation paperwork for the national chapter.
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The national council as selected by the national assembly shall meet as often as deemed necessary by council for the purpose of conducting business but shall meet at least 1 time every 6 months.
The National assembly shall select 7 Principal chiefs from among the membership of the nation and the national assembly as convened to serve on a national council. The national assembly convenes every 7th year and is comprised of delegates selected by the state to represent that state as well as the state chiefs and state councils. The national assembly may elect officers to serve to assist the Principal chiefs in the convening of the national assembly as well as for serving the national council in between the assemblies.
AMBASSADOR and Annual 7th year Convention and Assembly
This is a business meeting that will be concluded by the celebration of the Chief Dance.
The 7 principal chiefs along with each of the State chiefs and any active beloved women will convene to select 1 person from among the national membership to be nominated as the Uku also known as the Ambassador.
The nomination will be made by the morning of the 2nd day of the national assembly or convention and will be voted on until a plural majority is reached by the ballot of attending delegates. She (or he) will be recognized as the Ambassador of our people and honored in the Chief Dance following the conclusion of all business at the national level. The Ambassador will serve for 7 years. There shall be no term limits imposed on the office of the Ambassador.
Any Ambassador selected for the position who currently holds any other political office will be required to resign from that office before assuming the duties of the Ambassador.
The Ambassador does not have a vote in any state or national council, assembly nor can an ambassador serve as a member of any state or national delegation and as the Ambassador she does not have the authority to enter into any binding agreements but may lobby on behalf of the nation and may engage in negotiations on behalf of the national council.
