Omar Bennett
The Blackfeet Nation, located in Northern Montana at the Canadian border, has its own constitution, which was enacted in 1934 and amended in 1962, 1978, and 1998. The constitution sets out rules and regulations for the government, protection, and common welfare of the tribe and its members. It covers various aspects, including land ownership, elections, and voting eligibility, and it defines the jurisdiction of the Blackfeet Tribe within the reservation boundaries. The Blackfeet Constitution is an important document that ensures the self-governance and well-being of the tribe, allowing them to organize and make decisions for their community according to their specific needs and cultural context.
| Characteristics | Values |
|---|---|
| Enactment | 1934 |
| Amendments | 1962, 1978, and 1998 |
| Population | 16,500 |
| Location | Northern Montana at the Canadian border |
| Voting | Secret ballot |
| Voting Age | 18 years or older |
| Land Ownership | Individual Indians have the right to hold or part with their land |
| Tribal Lands | Cannot be mortgaged or sold |
| Election Rules | Elections shall be held in accordance with the rules and regulations laid down by the Blackfeet Tribal Council or by an Election Board appointed by the Tribal Council |
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What You'll Learn
Land ownership
The Blackfeet Nation is located in Northern Montana at the Canadian border. The tribe was artificially divided by the U.S.-Canadian border, and its population is around 16,500 people. The Blackfeet Constitution was enacted in 1934 and has been amended several times since, with the most recent amendment in 1998.
The Blackfeet Constitution outlines the rights and powers of the tribe regarding land ownership and use. It recognises the individual right of Native Americans to hold or part with their land, as per existing law. This means that Native Americans can sell their land, but if it is restricted land, they must get approval from the Secretary of the Interior. Restricted land can be voluntarily conveyed to the Blackfeet Tribe in exchange for money or other land assignments.
The Constitution also addresses Tribal Lands, stating that unallotted lands within the Blackfeet Reservation and any lands acquired by the Blackfeet Tribe or the United States in trust for the tribe, including tribal timber reserves, are to be held as tribal lands. These tribal lands cannot be mortgaged, sold, or allotted to individual Native Americans but may be assigned to members of the Blackfeet Tribe, leased, or otherwise used by the tribe.
Additionally, the Constitution gives the council of the Blackfeet Reservation the power to negotiate with federal, state, and local governments and to employ legal counsel to protect and advance the rights of the tribe and its members. The council also has the authority to prevent the sale, disposition, lease, or encumbrance of tribal lands without the consent of the tribe.
Allotted lands, including heirship lands within the Blackfeet Reservation, are to be held by their present owners. These lands can be condemned for public purposes, such as roads or public buildings, upon payment of adequate compensation by the state of Montana, the federal government, or the tribe. It is also recognised that these lands may be inherited by the heirs of the present owners, regardless of whether they are members of the Blackfeet Tribe.
The Blackfeet Nation has faced challenges regarding their land rights, particularly with encroachment and annexation by European Americans and Canadians in the 19th century, which forced them to cede their lands and move to smaller reservations. More recently, they have worked to protect their sacred lands, such as the Badger-Two Medicine area, from ecological harm caused by drilling and leasing activities.
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Tribal welfare
The Blackfeet Nation is located in Northern Montana at the Canadian border. It has a population of 16,500 people and the tribe was artificially divided by the U.S.-Canadian border. The Blackfeet Constitution was enacted in 1934 and later amended in 1962, 1978, and 1998.
The Constitution was created for the "government, protection, and common welfare of the said tribe and members thereof". The welfare of the tribe is a central concern of the Constitution, with the document outlining rules for the protection and preservation of tribal lands, the rights of individuals to hold or part with their land, and the process for tribal elections.
In terms of land, the Blackfeet Constitution stipulates that the unallotted lands of the Blackfeet Reservation, as well as any lands acquired by the Blackfeet Tribe or the United States in trust for the tribe, shall be held as tribal lands. These lands cannot be mortgaged or sold and can only be assigned to members of the tribe, leased, or otherwise used by the tribe. The Constitution also protects the right of individual Indians to hold or part with their land, stating that nothing in the Constitution shall abrogate this right. However, it also outlines a process by which the owner of restricted land may voluntarily convey their land to the Blackfeet Tribe in exchange for a money payment or an assignment covering the same or other land.
The Blackfeet Constitution also outlines the rules for tribal elections, stating that all elections shall be held in accordance with the rules and regulations laid down by the Blackfeet Tribal Council or an Election Board appointed by the Tribal Council. Voting places are to be designated by the Tribal Council or, if authorized by the Council, by the Election Board. All elections are to be by secret ballot, and any member of the Blackfeet Tribe aged 18 or older is eligible to vote when they present themselves at their assigned polling place.
Overall, the Blackfeet Constitution plays a crucial role in ensuring the welfare of the tribe by providing a framework for the governance and protection of the tribe's lands and members, as well as establishing processes for democratic decision-making within the tribe.
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Voting rights
The Blackfeet Nation is located in Northern Montana at the Canadian border. The Blackfeet Constitution was enacted in 1934 and has been amended several times, with the most recent amendment in 1998.
The Constitution and By-Laws for the Blackfeet Tribe of the Blackfeet Indian Reservation of Montana outline the rules and regulations for the tribe's government, protection, and common welfare. The Blackfeet Tribal Council or an Election Board appointed by the Tribal Council is responsible for overseeing elections and designating voting places. All elections are to be held by secret ballot, and any member of the Blackfeet Tribe aged 18 or older is eligible to vote.
In recent years, the Blackfeet Nation has faced challenges in exercising their voting rights. In 2020, the Blackfeet Nation filed a federal lawsuit against Pondera County, arguing that the county was violating the voting rights of tribal members by failing to establish a satellite election office on the Blackfeet Reservation. The lawsuit claimed that not having a satellite office discriminated against Blackfeet tribal members, as they had fewer opportunities to vote and elect candidates for federal, state, and county offices compared to white citizens. The county already had an in-person satellite office in Conrad, which is 95.1% white and nearly 80 miles from some Blackfeet tribal members. There are multiple barriers to voting for those living on reservations, including a lack of local mail service, distance to the polls, and poverty. As a result of the lawsuit, Pondera County agreed to open a satellite voting office in Heart Butte High School on two days in October 2020.
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Tribal jurisdiction
The Blackfeet Nation is located in Northern Montana at the Canadian border. The tribe was artificially divided by the U.S.-Canadian border, and has a population of 16,500 people. The Blackfeet Constitution was enacted in 1934 and has been amended several times since, in 1962, 1978, and 1998.
The constitution was created to organize for the common welfare of the tribe and its members, and for the government and protection of the tribe. The jurisdiction of the Blackfeet Tribe extends to the territory within the confines of the Blackfeet Reservation boundaries, as defined in the agreement of September 26, 1895. The constitution also states that tribal lands cannot be mortgaged or sold, and while they may be assigned to members of the Blackfeet Tribe, or leased, they cannot be allotted to individual Indians.
The right of an individual Indian to hold or part with their land is protected under the constitution, but it also allows for the owner of restricted land to voluntarily convey their land to the Blackfeet Tribe in exchange for a money payment or an assignment covering the same or other land. This is done with the approval of the Secretary of the Interior.
The constitution also outlines the electoral process for the tribe, with rules and regulations laid down by the Blackfeet Tribal Council or an Election Board appointed by the Tribal Council. It also states that all elections shall be by secret ballot and that any member of the Blackfeet Tribe who is 18 years or older is eligible to vote.
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Constitutional amendments
The Blackfeet Nation is located in Northern Montana at the Canadian border. The tribe was artificially divided by the U.S.-Canadian border, and its constitution was enacted in 1934, with amendments following in 1962, 1978, and 1998.
The Blackfeet Constitution and By-Laws outline the rules and governance for the Blackfeet Tribe of the Blackfeet Indian Reservation of Montana. The constitution was ratified by the tribe's members and approved by the Secretary of the Interior in 1935, following the Indian Reorganization Act of June 18, 1934.
The constitution addresses various aspects of tribal governance and welfare, including land ownership and voting rights. For instance, it stipulates that the unallotted lands of the Blackfeet Reservation and subsequently acquired lands shall be held as tribal lands, not to be mortgaged or sold. It also establishes the eligibility criteria for voting, setting the minimum age at 18 years, and specifies that all elections shall be held via secret ballot.
Amendments to the constitution have been made over the years to reflect changing needs and circumstances. The 1978 amendment, for example, superseded Amendment II and VIII with Amendment IX, indicating updates to specific sections of the original document.
The Blackfeet Constitution, like those of other tribal nations, serves as a foundational document that guides the tribe's governance and protects its members' rights and welfare. It is a living document that can be amended to ensure it remains effective and relevant to the Blackfeet people in modern times.
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Frequently asked questions
The Blackfeet Nation is located in Northern Montana at the Canadian border, and has a population of 16,500 people. The tribe was artificially divided by the U.S.-Canadian border, so a separate constitution was needed to outline the rules and regulations specific to the tribe's governance, protection, and common welfare.
The purpose of the Blackfeet Nation Constitution is to establish a governing document that outlines the rights and responsibilities of the tribe and its members, including voting rights, land ownership, and tribal lands.
The Blackfeet Nation Constitution was enacted in 1934 and has been amended multiple times since then, including in 1962, 1978, and 1998.
The Blackfeet Tribe is a group of Native Americans located in Montana, at the Canadian border. The tribe has a population of about 16,500 people and is governed by the Blackfeet Nation Constitution.
The Blackfeet Nation Constitution includes provisions such as the extension of the tribe's jurisdiction to the territory within the confines of the Blackfeet Reservation boundaries, the right of individual Indians to hold or part with their land, and the establishment of tribal lands that cannot be mortgaged or sold. It also outlines the eligibility criteria for voting and the process for holding elections.
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