Brandon Ecoffey: Oglala Sioux Tribe must update its constitution


Brandon Ecoffey

A note from the editor's desk
By Brandon Ecoffey
Lakota Country Times Editor
www.lakotacountrytimes.com

I've never been one of those people who looked at those in tribal government as inherently corrupt. The vast majority of those I know who have held office have approached their work with the best of intentions, but for whatever reason the change they sought in our community was stifled by the political process. The reasons for this is simply that the current constitution we have in place at the Oglala Sioux Tribe is inept and outdated.

To fix our society we must also fix our institutions. To fix tribal government we must first fix our constitution. This assertion is not a new idea. So many of our people have recognized that there are monumental shortcomings within this document but for some strange reason they have never been addressed.

What would an amended OST constitution look like? What changes do the people want? What changes would lead to a better standard of living for our relatives? These questions have been asked amongst our people for generations.

Some amendments to our constitution are quite obvious and simple. For example every two years our tribal council representatives are forced to put their work on hold as they seek reelection. In most constitutional based governments this stoppage of progress is tempered by staggered terms. While half of a governing body is working on being reflected the other half can still move forward with their efforts to help the people. Additionally, two years is simply not enough time for projects to develop. Each time one council moves forward with new policy ideas they never fully have the time blossom as election season always results in some turn over.

In my mind the single most important change that needs to take place within tribal government is that we must find a way to empower our tribal court. This is how we protect the interests of our nation against tyranny. Tyranny is a powerful word but it does raise its head as tribal government has in the past simply ignored the will of the people. This isn't the fault of any sole council member but a flaw within our legal system that places an abundance of power in the hands of a few.


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When the people are asked to vote on an issue the results should be honored by our elected leaders. It is a simple expectation that all who are involved in the political process understand. Instead, many controversial issues that have been ruled on by the people are being sent back to the council for approval. That should never happen and our elected leaders must never be placed in a position where they are allowed to simply overrule a reservation wide vote. If our tribal court was empowered by our constitution there would be no political pressure on our leaders to pass laws that were endorsed by a vote of the people. Our courts must be allowed to enforce the law.

Other changes to the constitution are more debatable, but that is the point of having these conversations. Should our tribal president have veto power? Should businesses be provided protection under the law from the meddling of tribal government?

We could go on and on but one thing for certain is that our constitution is a living document that is owned by the people.

(Brandon Ecoffey is the editor of LCT and an award winning journalist who was born and raised in the Pine Ridge Indian Reservation.)

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