1.  On Friday, May 18, 2001 the proposed new constitution will be voted upon by the Catawba tribal members. By the process established by Chief Gilbert Blue the proposed new constitution is to be voted for passage or rejection in its entirety. Prior to writing this document, however, another version of the new constitution was developed by a working group of Catawba tribal members known as the Constitutional Committee. This version was rejected by the Executive Committee, after which they drafted and put forth their own version of the constitution as the final draft of the proposed new constitution of the Catawba Nation. It is this version of the constitution which will be voted upon by the Catawba tribal members.

2.  A document of this type needs to be carefully reviewed with the expectation that it will remain the permanent document of usage. Certainly, it is possible to amend a constitution and to correct issues as they arise in the future but it is unwise to accept such a document with the expectation that once passed it will almost immediately be amended to correct issues of concern.

3.  Having carefully reviewed the proposed new constitution submitted to the Catawba people by Chief Gilbert Blue, it is my professional opinion that this proposed constitution contains not only numerous typographical errors but more importantly significant areas of legal concern. Any one of these legal concerns by themselves would be significant enough to compel a “No” vote on this proposed constitution.

1)  The membership section is in conflict with controlling federal law and is an inadequate effort to develop a two-tier class of tribal membership.

2)  The powers given to the Executive Committee will result in the Executive Committee being the controlling governmental body of the Catawba Nation resulting in the General Council being nothing more than a token arm of government.

3)  A blanket approval of all past contracts and/or agreements entered into by persons representing themselves as Catawba government leaders or other authorized officials is asked to be approved in this proposed constitution. However, the Catawba people are not given any fundamental information whereby they can make a reasoned determination as to what such an approval will have upon the Catawba people and the Nation. No party claiming to be a member of the current Catawba government has provided the most fundamental of business and legal information to the Catawba people in this area for more than half a decade. The Catawba people don't know what obligations have been entered into since 1993; no reports have been provide to convey to the Catawba the financial health of the Catawba Nation; no information has been provided regarding any current or future contracted for obligations of the Catawba Nation; and no information has been provided as to who may have acted on behalf of the Catawba Nation to make such obligations on behalf of the Catawba Nation. Certainly these obligations were not made by the General Council as there hasn't been a working General Council meeting held by Chief Blue for years prior to the October 2000 order by a federal judge.

1.  Under Article II, the membership criteria is in direct conflict with the governing federal statute Catawba Indians of South Carolina Land Settlement Act of 1993, Section 7(D). The language of the federal statute states that individuals can only be members of the Catawba Nation who are on the Final Catawba Membership Roll published in the Federal Register of July 24, 2000; or an individual who is a direct line descendent of an individual on that roll. There is no authority for the Catawba Nation to develop any enrollment standards for tribal enrollment for individuals to be acknowledged as a federally recognized Catawba tribal member. None! [There are possible legal challenges to that process as it was done but that is another matter that will not be discussed herein.]

2.  It would be possible for the Catawba Nation to develop a second roll of those which the Catawba Nation deems to be Catawba members but this would create a second class system of tribal enrollment. On a purely tribal roll such individuals would be ineligible for any federal benefits or to be counted in any federal count towards benefit awards toward the Catawba Nation. It would also raise questions as to whether or not these second class Catawba citizens could vote on issues which would have an impact on federally supported programs. In all likelihood these tribally only enrolled members would be members in name only and have no legal standing.

3.  Under the controlling federal law which Chief Gilbert Blue assisted in developing, he agreed to the extremely limiting tribal enrollment powers of the Catawba Nation. In other words Chief Blue agreed to surrender to the federal government inherent tribal rights of determining tribal enrollment and freely gave this power to the federal government. The power to determine tribal membership — a significant sovereign right — was given up by Chief Gilbert Blue and others who concurred with the Catawba Indians of South Carolina Land Settlement Act of 1993.

4.  If it is the intent of the Catawba Nation to develop a second class citizenry of tribal enrollees, then the language found in the proposed new constitution is an ineffective method of doing so. The language is not specific enough to clearly convey that a two-tier tribal enrollment record will be developed being composed of a federal tribal roll and tribal roll.

5.   The proposed new constitution developed by the Constitutional Committee also contained language that would continue to bar the practice of tribal bannishment. This clear and specific language has been removed from the proposed new constitution submitted for the May 18th, 2001 vote by Chief Gilbert Blue.

The language in the constitution developed by the Constitutional Committee stated:


Article II: Membership


Section 2.2(e) At no time shall any tribal member be removed from the rolls of the tribe. This shall only happen in cases where positive proof is shown where individuals were placed on the rolls illegally.


This is the language that the Constitutional Committee determined should govern the Catawba people, and Chief Gilbert Blue had this language removed from the proposed constitution in developing the version of the new constitution which is now up for vote by the Catawba tribal members.

Based upon the defective language and clear conflicts with federal law, this proposed new constitution put forth by the Executive Committee should be rejected.

1.  The proposed new constitution from the Execitive Committee declares that any powers not vested by clear language to the Executive Committee will remain with the General Council. Exactly what powers will remain with the General Council? The answer in general terms is very few will be retained by the General Council.

2.  The powers granted to the Executive Committee in their version of the proposed new constitution far exceed those granted to the Executive Committee in both the current constitution and the version developed by the Constitutional Committee. Let us take a look at the enumerated powers of the Executive Committee under their proposed constitution as compared with the powers retained by the General Council under this document.



Retained Powers of the General Council under proposed new constitution from Executive Committee	Executive Committee Powers under proposed new constitution from Executive Committee
Article 5  General Council	Article 6  The Executive Committee

1.  Meetings two times per year	1.  Executive Committee shall have all powers vested in the tribe through inherent sovereignty or federal law.
2.  Agenda of the General Council will be set by the Executive Committee Members; SUGGESTED topics may be submitted to the Executive Committee by individuals THIRTY days prior to a scheduled General Council meeting.	2.  Executive Committee shall prepare and adopt an annual operating budget for the Nation — it shall present such information to the General Council.
3.  Retains all powers not delegated to the Executive committee	3.  Executive Committee shall apply for and accept grant funding on behalf of Nation.
4.  General Council will receive reports from Executive Committee concerning management, investment of tribal assets, progress of plans of economic development.	4.  Executive Committee shall conduct all routine daily business including hiring and firing of personnel, contracting for goods and services.
5.  Call special General Council meetings with a petition of 15% of voting age members. All petitions will be verified as to validity of the named petitioners. [NOTE: No indication as to who will do this verification nor how long it will take; no process for appeals if denied] Special Session to be held set by the chief as to date and time.	5.  Executive Committee shall enforce all laws and ordinances of General Council and Executive Committee as well as adopting any and all appropriate policies and procedures governing financial/ fiscal/ personnel/ purchasing activities
	6.  Executive Committee shall have the right to issue bonds as provided by the Internal Revenue Code.
	7.  Executive Committee can appoint a recording secretary. These records bonds will be kept in a secure and locked area at all times. The transactions are to be reduced to minutes [Note: It is the summary of the transcriptions that will be available to the public, and NOT the complete record.]


After examining the powers surrendered to the Executive Committee, one is left wondering exactly what significant power is retained by the General Council. The answer is very clearly none. Under this proposed new constitution put forth by the Executive Committee, the power of the General Council is gutted, leaving it as merely a figure-head branch of government with no significant power nor authority.