The Authority of the Legislative Branch
The Crow Tribe of Indians repealed its 1948 Constitution and By-Laws in July 2001, replacing it with a Constitution designed to provide a stable and professional tribal government and provide due process and equal protection rights to the tribal membership. The Crow Constitution and By-Laws of 2001 establish three branches of government, the Executive, Legislative, and Judicial branches, for the governance of the Crow Tribe. The new Constitution provides for a separation of powers to allow for a balance of power between branches and an independent Tribal Court. The powers of the Executive and Legislative branches are expressly enumerated in an attempt to provide orderly governance.
Under the 2001 Constitution, the Powers and Duties of the Tribe’s Legislative Branch are expressly stated in Article V. Section 2, which, among other powers, authorizes the Legislative Branch to do the following:
- Promulgate and adopt laws, resolutions, ordinances, codes, regulations, and guidelines in accordance with the 2001 Constitution and federal laws for the governance of the Crow Tribe of Indians…Art V. 2(a);
- Adopt legislation, not inconsistent with the 2001 Constitution, which is necessary in exercising the duties conferred upon the three branches of government…Art. V. 2(b).