Menominee Indian Tribe of Wisconsin - Tribal Constitution

Amended: 1991

The tribe makes their constitution available online. The links below will take you to the version of the code available on the tribal court's website. Please contact the library if you need assistance.

Constitution and Bylaws (pdf)

Table of Contents

PREAMBLE
ARTICLE I - JURISDICTION
ARTICLE IT - TRIBAL MEMBERSHIP
Section 1. Requirements
Section 2. Ineligibility For Membership or Automatic Forfeiture of Membership
Section 3. Enrollment Committee
Section 4. Appeal From Denial of Membership Application
Section 5. Removal From Membership Roll By Tribal Legislature
Section 6. Voluntary Relinquishment of Membership
Section 7. Enforcement
ARTICLE III - POWERS OF THE TRIBAL GOVERNMENT
Section 1. Powers of the Tribal Legislature
Section 2. Powers of the Tribal Judiciary
Section 3. Separation of Powers
ARTICLE IV - THE TRIBAL LEGISLATURE
Section 1. Composition, Terms of Office, and Classes
Section 2. Initial Division of Tribal Legislature Into Classes
Section 3. Election of Tribal Legislators
Section 4. Requirements For Candidates For Election To The Tribal Legislature And For Tribal Legislators
Section 5. Consecutive and Simultaneous Terms of Office
Section 6. Community Committees of The Tribal Legislature
Section 7. Administration of Tribal Government
Section 8. Powers and Duties
ARTICLE V - THE TRIBAL JUDICIARY
Section 1. Structure
Section 2. Appointment and Term of Office
Section 3. Compensation
Section 4. Qualifications and Disqualifications
Section 5. Removal From Office by Tribal Legislature and Automatic Vacancies
Section 6. Rules of Tribal Courts
Section 7. Records and Court Clerk
Section 8. Appropriations
Section 9. Enforcement
ARTICLE VI - TRIBAL ELECTIONS
Section 1. Voter Requirements
Section 2. Voting
Section 3. Action By The Tribe: Approval - Disapproval. Consent - Rejection
Section 4. Regular and Special Elections
Section 5. Tribal Election Commission
Section 6. Elections Which Result in Ties
Section 7. Disputed Elections
Section 8. Duty To Enforce This Article
ARTICLE VII - REMOVAL OF ELECTED OFFICIALS FROM OFFICE AUTOMATIC VACANCY AND THE FILLING OF VANCANCIES
Section l. Recall
Section 2. Expulsion and Suspension of Tribal Legislators
Section 3. Automatic Vacancies
Section 4. The Filling of Vacancies In Office
Section 5. Tribal Judiciary Excluded
ARTICLE VIII - INITIATIVE AND REFERENDUM
Section l. General Authority
Section 2. Procedure
Section 3. Referendum Petitions: Suspension of Effect of Ordinance in Question
Section 4. Action on Petitions
Section 5. Results of Election
Section 6. Re-enactments, Amendment or Repeal
ARTICLE IX - RIGHTS OF TRIBAL MEMBERS AND OTHER PERSONS SUBJECT TO TRIBAL JURISDICTION
Section l. Hunting, Fishing, Trapping, Gathering
Section 2. Rights of Persons Subject To Tribal Jurisdiction
ARTICLE X - LIMITED POWER OF TRIBAL LEGISLATURE TO TRANSFER OWNERSHIP OF, OR TO ENCUMBER, TRIBAL LAND OR INTERESTS THEREIN
Section 1. Limited Power To Transfer Tribal Land Out of Tribal Ownership
Section 2. Limited Power To Encumber Tribal Lands
Section 3. Limited Power To Develop Natural Resources
Section 4. Principle of Construction
ARTICLE XI - USE OF TRIBAL LAND BY TRIBAL MEMBERS AND QUALIFIED NON-TRIBAL MEMBERS
Section 1. Land Use and Natural Resources Conservation Plan
Section 2. Use of Tribal Land by Non-Tribal Members
ARTICLE XII - SUCCESSOR BUSINESSES TO MEMOMINEE ENTERPRISES
Section 1. Duty of the Tribal Legislature
Section 2. Successors to Menominee Enterprises
ARTICLE XIII - TRIBAL BUSINESSES
Section 1. Interrelationship Between Tribal Businesses And The Tribal Legislature
Section 2. Duty to Enforce
Section 3. Forestry Business Exception
ARTICLE XIV - TRUST AGREEMENT BETWEEN THE MENOMINEE INDIAN TRIBE AND THE UNITED STATES
Section l. Trust Agreement
Section 2. Negotiating Principles
Section 3. Approval By Tribe Required
ARITCLE XV - TRIBAL GOVERNMENT CAREER AND MERIT SYSTEM OF EMPLOYMENT
Section 1. Merit Principle
Section 2. Duty to Enforce
ARTICLE XVI - FINANCIAL CONTROL
Section l. Budget and Appropriations
Section 2. Accounting System
Section 3. Fiscal Year
ARTICLE XVII - CONFLICT OF INTEREST
Section 1. Conflicting Personal Financial Interest Prohibited
Section 2. Other Conflicts of Interest
ARTICLE XVIII - SOVEREIGN IMMUNITY
Section 1. General Prohibition
Section 2. Suits Against The Tribe In Tribal Courts By Persons Subject To Tribal Jurisdiction
Section 3. Suits Against The Tribe In The Courts Of The United States
ARTICLE XIX - AMENDMENTS TO CONSTITUTION AN~ BYLAWS
ARTICLE XX - ADOPTION OF CONSTITUTION AND BYLAWS

BYLAWS
BYLAW I - OFFICERS AND COMMITTEES OF THE TRIBAL LEGISLATURE; DUTY TO VOTE STOCK OF MENOMINEE ENTERPRISES, INC.
Section 1. Officers of the Tribal Legislature
Section 2. Committees of the Tribal Legislature
Section 3. Duty to Vote Stock of Menominee Enterprises, Inc.
BYLAW II - PROCEDURE OF THE TRIBAL LEGISLATURE
Section 1. Meetings of the Tribal Legislature
Section 2. Ordinances, Resolutions, and Motions
Section 3. Tribal Records
Section 4. Posting Procedure
BYLAW III - GENERAL COUNCIL
Section 1. Establishment of General Council; Response to Recommendations
Section 2. Annual General Council Meeting
Section 3. Special General Council Meeting
Section 4. Election of Enrollment Committee
BYLAW IV - OATH OF OFFICE
BYLAW V - DEFINITIONS
BYLAW VI - AMENDMENTS TO BYLAWS

[Table of Contents created by NILL in July 2015, based on materials available on tribe's website.]