Constitution Revision Group Meets Thursdays In Hopes to Change Tribal Government Structure

By Joe Morey News Editor

From L-R) LCO Vice Chairman Tweed Shuman, Vera Homeskye, Marie Kuykendall and Dr. Rick St. Germaine

A group of Elders and community members has been meeting regularly for the past couple of years with a goal of changing the Lac Courte Oreilles tribal constitution.

Dr. Rick St. Germaine leads the meetings held on Thursday nights at the Kinnamon Museum.

As St. Germaine explained it at their meeting on Jan. 11th, the group known as the LCO Constitution Revision Group, states that although the tribe has a constitution, it is outdated and was first created back in the 1930’s during the Franklin Roosevelt presidential administration, at a time when Roosevelt was re-structuring governments to deal with the Great Depression.

During the 1930’s, St. Germaine said the Commissioner of the Bureau of Indian Affairs (BIA), John Collier, was a progressive leader who transformed the way the government worked with tribes. Ultimately, Collier created the Indian Reorganization Act (IRA) which would establish each Tribe to develop their own constitutional governments, and prior to that time, the BIA was running the tribes.

Although it was a good thing for the Tribes to establish their own governments, the Collier framework only provided for a single body of government to manage the day-to-day and month-to-month affairs for each tribe. St. Germaine said nearly every tribe adopted this framework.

“One of the few tribes who refused to adopt this back in 1935 was Lac Courte Oreilles,” St. Germaine said. “But in 1966, in order for our tribe to take part in a federal program that was offering housing to fight off poverty, we voted to adopt that singular form of government. And guess what, the constitution we adopted looked exactly like the constitution at Red Cliff, at Lac du Flambeau and at Bad River and other tribes of the region.”

In the 1970’s, St. Germaine said more progressive leaders began to make amendments to the constitution, but here we are in 2024 still operating under that singular authoritarian form of government.

According to St. Germaine, many tribes have already changed their governments to a 3-branch structure, including the two largest tribes, the Navajo Nation and Cherokee Nation.

“What we see if the more progressive tribes have already changed their constitutions to reflect the complex needs of governing systems in the United States,” St. Germaine noted. “A system of government that reflects the democratic principles of the Iroquois Confederacy that had a 3-branch system, a system which the United States and the 50 states follow.”

St. Germaine said the 3-branch system provides for checks and balances of each other government branch. He went on to say that the LCO Constitution Revision Group is observing and studying other tribes who have adopted this form of government. He said just a few of those many tribes include the Choctaw, Osage and not too far away are the Oneida.

Vera Homeskye, a member of the Group, read the mission statement which said they are meeting to reform the government to one built on a foundation of equal justice, equal voice and law and order.

“We advocate for a tribal government who’s powers are shared with its members, and practice inclusive and transparent decision making, and bases its decision making on Anishinabe principle articulated in the seven Grandfather teachings and practices deliberate decision making cognizant of the needs of future generations.

Marie Kuykendall then read the goals of the Group. She said the priority is to transform the tribe into a 4-branch system with an executive, legislative, judicial and an Elder Compliance Council.

LCO Vice Chairman said the tribal governing board does support the Group and its efforts. Shuman said he believes that the tribal leadership needs to involve the people more in their decision making. He also said he supports more transparency.