AGENCY TRIBAL NATIONS CONSTITUTION

PREAMBLE

DIVINE SOVEREIGNTY CLAUSE

Almighty God is recognized as the Supreme Sovereign over the Mendocino California Tribal Nations. All governmental authority exercised herein derives from and is accountable to His divine law.

SOVEREIGNTY INTERPRETATION CLAUSE

The Mendocino California Tribal Nations of Mendocino Indian Reservation exercises Mendocino California's JURISDICTION (as defined in Article 23) based on INHERENT SOVEREIGNTY (as defined in Article 23) predating the United States government, as recognized in Worcester v. Georgia, 31 U.S. 515 (1832), and as further acknowledged by the United States Congress in Senate Concurrent Resolution 331 (100th Congress, 1988), which formally recognized the influence of the Haudenosaunee Confederacy's democratic principles on the formation of the United States Constitution and Bill of Rights. All references to federal law herein represent strategic adoption by sovereign choice and do not constitute recognition of external authority superior to this Constitution.

ARTICLE 1 — TERRITORY AND JURISDICTION

§ 1-1 Territory.

(a) The territory of the Tribal Government shall include, to the fullest extent possible consistent with federal law applicable to Tribal Governments, all lands, water, property, airspace, surface rights, and other natural resources in which now or in the future has any interest, which are owned now or in the future by Tribal Government for the exclusive or non-exclusive benefit of the members, or which are located within the boundaries of a reservation which may be established for the Tribal Government.

§ 1-2 Jurisdiction.

(a) By federal law, the Tribal Government shall have jurisdiction over all tribal Government members and over all persons, subjects, property, and all activities occurring within its territory as defined by this Article, Tribal Government to exercise its jurisdiction, based upon its inherent sovereignty as an Tribal Government.

§ 1-3 Sovereignty Declaration.

(a) The Mendocino California Tribal Nations of Mendocino Indian Reservation exercises jurisdiction based on inherent sovereignty predating the United States government. All references to federal law represent strategic adoption by sovereign choice under Worcester v. Georgia, 31 U.S. (6 Pet.) 515 (1832), and do not constitute recognition of external authority.

ARTICLE 2 — SOVEREIGN COVENANT AND ECONOMIC FOUNDATION

§ 2-1 Sovereign Covenant.

(a) The Head Chief, as Sovereign of the Mendocino California Tribal Nations, serves as Protector of Principles under God's guidance. This Constitution represents the Public Covenant governing our nation, while the Private Covenant between the Chief and the Creator guides our spiritual foundation and lineage.

§ 2-2 Human Rights Foundation.

(a) All governance shall respect inherent human rights and cannot violate fundamental human dignity. Every person within our jurisdiction shall be treated as an equal under these principles, with the Chief as protector and all members as keepers of this accord.

§ 2-3 Economic Sovereignty.

(a) The Mendocino California Tribal Nations shall exercise full economic sovereignty including:

1. (1) Authority to issue Promissory Notes as lawful means of exchange
2. (2) Power to tokenize value and establish currency systems
3. (3) Right to back currency with gold, silver, and other valuable assets
4. (4) Authority to establish trade indices based on GDP, imports, and exports
5. (5) Recognition of in-ground assets (minerals, oil, precious stones) as national collateral

§ 2-4 Governance Framework.

(a) The governance of our people requires:

1. (1) Clear declaration of rights afforded to the people
2. (2) Laws that people must abide by
3. (3) Mechanisms to enforce those laws
4. (4) Requirement that people remain lawful to the nation
5. (5) Licensing systems as the formal expression of sovereign law

§ 2-5 Historical Reclamation.

(a) This Constitution reinstates rights and agreements that were never properly extinguished, including:

1. (1) Economic rights including mill sites and hemp cultivation under the 1856 Treaty
2. (2) Trade rights and historical commerce agreements
3. (3) Land rights based on original occupation and use

(b) The chronology of broken agreements and unlawful land takings shall be maintained as official record.

§ 2-6 Sovereign Recognition.

(a) The Mendocino California Tribal Nations exercises sovereignty as a foreign state in relation to the United States, with historical recognition dating to 1784. The Head Chief represents the sovereignty of our people in all external relations.

ARTICLE 3 — TRIBAL JUSTICE PRINCIPLES

§ 3-1 Justice System Foundation.

(a) The Tribal Justice System shall be founded on principles of fairness, cultural respect, and restoration. It shall integrate traditional peacemaking with modern judicial processes to create equitable and just outcomes.

§ 3-2 Legal Codes Adopted.

(a) The Tribal Nation adopts and incorporates by reference the following federal codes as part of its sovereign law, modified as necessary to respect Tribal sovereignty and culture:

1. (1) Provisions of 25 C.F.R. §§ 11.100 to 11.1214 governing courts and offenses, provided that any reference to "marihuana," "tetrahydrocannabinols," or other controlled substances shall be interpreted consistent with the definitions set forth in Article 23, § 23-5 of this Constitution;
2. (2) Provisions of 25 C.F.R. §§ 11.600 to 11.611 governing Domestic Relations;
3. (3) Provisions of 25 C.F.R. §§ 11.700 to 11.713 governing Probate Proceedings;
4. (4) Provisions of 25 C.F.R. §§ 11.800 to 11.806 governing Appellate Proceedings;
5. (5) Provisions of 25 C.F.R. §§ 11.900 to 11.912 governing Child Court Matters;
6. (6) Provisions of 25 C.F.R. §§ 11.1000 to 11.1014 governing Juvenile Offenders;
7. (7) Provisions of 25 C.F.R. §§ 11.1200 to 11.1214 governing Minors in Need of Care.

§ 3-3 Traditional Peacemaking.

(a) Traditional peacemaking and dispute resolution methods shall be recognized and incorporated into the justice system where appropriate and requested by parties.

ARTICLE 4 — CITIZENSHIP AND MEMBERSHIP

§ 4-1 Definition of Citizen.

(a) A citizen of the Mendocino California Tribal Nations is any person who meets the enrollment criteria established by law and whose name appears on the official Tribal Roll.

§ 4-2 Enrollment Criteria.

(a) The fundamental criterion for citizenship is direct lineal descent from a person listed on the Official Base Roll of 2025 or a historical roll recognized by the Nation.

(b) The Legislative Assembly shall, by a supermajority of two-thirds, enact a Citizenship Law which may establish supplemental criteria, which may include cultural connection or residency. This law must include a fair and transparent appeals process.

(c) No law may retroactively strip a person of citizenship once duly enrolled.

§ 4-3 Enrollment Process.

(a) An Enrollment Committee appointed by the Legislative Assembly shall review all applications for citizenship and maintain the official Tribal Roll.

§ 4-4 Rights of Descendants.

(a) Descendants of citizens who do not meet full enrollment criteria shall have such rights as defined by law, which may include cultural participation, limited benefits, and a pathway to future enrollment.

§ 4-5 Loss of Citizenship.

(a) Citizenship may only be relinquished by voluntary renunciation or revoked for fraud in enrollment, subject to due process protections including notice, hearing, and appeal.

§ 4-6 Dual Citizenship.

(a) Citizens may hold citizenship in other nations, but Tribal citizenship shall be primary within Tribal territory. No right or privilege of Tribal citizenship shall be denied due to other citizenships.

ARTICLE 5 — BILL OF RIGHTS

§ 5-1 Source and Supremacy of Rights.

(a) The rights enumerated herein are inherent to the people of the Mendocino California Tribal Nations, deriving from our existence as a sovereign people under the Creator and from the Public Covenant established by this Constitution. These rights are the supreme guarantee of individual dignity and collective survival, binding upon all branches of government and enforceable in the Tribal Courts.

§ 5-2 General Principles of Equality and Justice.

(a) Human Dignity: All persons possess inviolable dignity.

(b) Equality Before the Law: All citizens are equal before the law without discrimination on the basis of ancestry, race, sex, gender, language, origin, religion, political or ideological beliefs, education, economic status, sexual orientation, disability, or social condition.

(c) Non-Retroactivity: No one shall be sentenced under criminal law except by virtue of a prior law that declares the action or omission to be punishable.

(d) Right to Legal Personality: Every person has the right to legal personality and capacity.

§ 5-3 Personal Rights, Liberties, and Guarantees.

(a) Right to Life: Human life is inviolable.

(b) Personal Integrity: The right to personal integrity, moral and physical, and shall not be subjected to torture, cruel, degrading, or inhuman treatment or punishment.

(c) Liberty and Security: The right to liberty and security. No one shall be deprived of liberty except by judicial order in accordance with the law.

(d) Habeas Corpus: The right for any person illegally deprived of liberty to apply for a writ of habeas corpus.

(e) Fair Trial Guarantees: The rights in any legal proceeding to a fair, public, and speedy hearing by an independent and impartial tribunal; to be presumed innocent until proven guilty; to be informed of charges; to present a defense; to not be compelled to testify against oneself; and to appeal a conviction.

(f) Privacy: The inviolability of the home, correspondence, telecommunications, and private data.

(g) Freedom of Expression and Information: The right to freely express and publicize thoughts by any means, and the right to inform, be informed, and receive information without hindrance.

(h) Freedom of Conscience, Religion, and Worship: The inviolable freedom of conscience, religion, and worship, consistent with the Divine Sovereignty Clause.

(i) Intellectual Freedom: Freedom of intellectual, artistic, and scientific creation.

(j) Freedom of Movement: The right to move freely within the territory, to emigrate, and to return.

(k) Freedom of Assembly and Demonstration: The right to assemble peacefully and without arms, and to demonstrate.

(l) Freedom of Association: The right to freely form associations.

§ 5-4 Political Participation Rights.

(a) Participation in Public Life: The right to take part in political life and the direction of public affairs.

(b) Universal Suffrage: The right of every citizen over eighteen years of age to vote and to stand for elective office in universal, direct, secret, and periodic elections.

(c) Access to Public Office: The right of equal and free access to public office.

(d) Petition and Popular Action: The right to present petitions, complaints, and claims to defend rights or the public interest.

(e) Political Association: The right to form and participate in political parties.

§ 5-5 Workers' Rights.

(a) Right to Work: Every person has the right to work.

(b) Workers' Dignity: The right to safe, healthy, and dignified working conditions; to rest and leisure; and to remuneration sufficient for a dignified existence, with equal pay for equal work.

(c) Freedom of Association: Workers have the freedom to form and join trade unions.

(d) Right to Strike: The right to strike.

(e) Job Security: Protection against arbitrary dismissal.

§ 5-6 Economic, Social, and Cultural Rights.

(a) Social Security: The right to social security in old age, disability, unemployment, and sickness.

(b) Health: The right to health protection and the duty to defend and promote health.

(c) Housing: The right to adequate housing.

(d) Environment: The right to a healthy and ecologically balanced environment and the duty to defend it.

(e) Family: The right to found a family and to marry on terms of full equality.

(f) Childhood: Children have the right to special protection for their full development.

(g) Youth: The right of youth to special protection of their economic, social, and cultural rights.

(h) Disabled Citizens: Citizens with disabilities have the full rights and duties of citizenship, with the right to protection and full social integration.

(i) The Elderly: The right to economic security, housing, and living conditions that respect personal autonomy.

(j) Education and Culture: The right to education and culture, with the aim of developing personality and enabling democratic participation.

(k) Physical Education and Sport: The right to physical education and sport.

(l) Property: The right to private property and inheritance, its use conditioned by the social good as defined by law.

(m) Consumer Rights: The right to quality of goods and services, to truthful information, and to protection of health, safety, and economic interests.

§ 5-7 Tribal and Indigenous Rights.

(a) Cultural Integrity: The right to practice, develop, and transmit cultural heritage, language, ceremonies, arts, and traditional knowledge.

(b) Land and Resource Access: The right to access and use traditional lands, waters, and resources for cultural, subsistence, and ceremonial purposes.

(c) Tribal Identity: The right to tribal identity, membership, and belonging.

(d) Benefit from Development: The right to equitable participation in and benefit from tribal economic development and resources.

(e) Collective Rights: The rights herein are held both individually and collectively by the Tribal Nation as a sovereign people, including the inherent rights to self-determination, territory, and cultural survival.

§ 5-8 Guarantees and Remedies.

(a) Judicial Protection: Access to the courts is guaranteed to all for the defense of legally protected rights. Justice shall not be denied due to lack of economic means.

(b) Constitutional Review: All citizens have the right to request the Constitutional Court to review the constitutionality of any legal norm.

(c) Ombudsman: An independent Ombudsman shall be established by law to defend the rights and freedoms of citizens, acting on petition or on its own initiative.

(d) Right of Resistance: All citizens have the right to resist any order that infringes upon their fundamental rights and to repel by force any form of aggression when recourse to public authority is impossible.

§ 5-9 Duties of Citizenship.

(a) Civic Duty: The general duty to respect the rights of others, the Constitution, and the laws of the Tribal Nation.

(b) Defense of the Nation: The duty to defend the sovereignty and territorial integrity of the Tribal Nation.

(c) Solidarity: The duty to contribute to the common good, including through the payment of lawful taxes.

ARTICLE 6 — STRUCTURE OF GOVERNMENT

§ 6-1 Three Branches.

(a) The government of the Mendocino California Tribal Nations shall consist of three separate but interdependent branches: the Legislative, the Executive, and the Judicial.

§ 6-2 Legislative Branch.

(a) The Legislative power shall be vested in a Legislative Assembly, which shall be the supreme lawmaking body.

§ 6-3 Executive Branch.

(a) The Executive power shall be vested in the Head Chief as Sovereign, Head of State, and Head of Government. The Head Chief shall exercise this power directly and through subordinate executive departments and officials appointed in accordance with this Constitution.

§ 6-4 Judicial Branch.

(a) The Judicial power shall be vested in a unified Tribal Court System consisting of Trial Courts, a Supreme Court, and a Constitutional Court.

§ 6-5 Separation and Interdependence.

(a) The three branches shall be separate in function but interdependent, with checks and balances to prevent abuse of power.

ARTICLE 7 — THE LEGISLATIVE ASSEMBLY

§ 7-1 Composition.

(a) The Legislative Assembly shall be composed of Representatives elected by the citizens for four-year terms. The number of Representatives and electoral districts shall be established by law to ensure fair representation.

§ 7-2 Qualifications.

(a) Representatives must be citizens of the Tribal Nation, at least 25 years of age, and residents of their district for at least one year preceding election.

§ 7-3 Powers.

(a) The Legislative Assembly shall have power to:

1. (1) Enact laws on all matters within Tribal jurisdiction
2. (2) Levy taxes and approve the annual budget
3. (3) Ratify treaties and agreements with other governments
4. (4) Confirm appointments to executive and judicial offices
5. (5) Oversee the executive branch through committees and investigations
6. (6) Declare war or states of emergency
7. (7) Propose constitutional amendments
8. (8) Impeach and remove officials for cause
9. (9) Establish courts and define their jurisdiction
10. (10) Regulate commerce and economic affairs

§ 7-4 Procedures.

(a) The Assembly shall establish its own rules of procedure.

(b) A majority of elected Representatives shall constitute a quorum.

(c) Sessions shall be open to the public except when closed for specified reasons.

(d) Records of proceedings shall be maintained and published.

§ 7-5 Officers.

(a) The Assembly shall elect from its members a President and Vice President to preside over sessions.

§ 7-6 Dissolution and Deadlock.

(a) If the Legislative Assembly fails to pass an annual budget within 90 days of its submission, or if it willfully obstructs the basic functioning of government in a manner certified by the Council of State, it shall be deemed in a state of deadlock.

(b) Upon a certified deadlock, the Head Chief, acting on the advice of the Council of State, may dissolve the Legislative Assembly by public decree.

(c) New elections must be held within 60 days of dissolution. A newly elected Assembly may not be dissolved within its first year.

ARTICLE 8 — THE EXECUTIVE BRANCH

§ 8-1 The Head Chief.

(a) The Head Chief is the hereditary Sovereign, the spiritual and ceremonial Head of State, and the Head of Government of the Mendocino California Tribal Nations. The Head Chief is the guardian of the Tribal Covenant and the embodiment of the Nation's sovereignty.

(b) The office of Head Chief follows traditional hereditary succession as determined by clan and spiritual leadership, subject to the public ratification process outlined in § 8-7.

§ 8-2 Qualifications and Tenure.

(a) The Head Chief must be a citizen of the Tribal Nation from birth, of sound mind, and must have attained the age of thirty (30) years.

(b) The Head Chief serves for life or until voluntary abdication, subject to the provisions for incapacitation or removal outlined in this Constitution.

§ 8-3 Powers and Duties of the Head Chief.

(a) The Head Chief shall have the following powers and duties:

1. (1) To faithfully execute the laws of the Nation and ensure the Constitution is upheld;
2. (2) To prepare and submit the annual budget and legislative program to the Legislative Assembly;
3. (3) To serve as the Commander-in-Chief of the Tribal Defense Force and to have ultimate command over all tribal police and security forces;
4. (4) To negotiate treaties and agreements with other governments, subject to ratification by the Legislative Assembly;
5. (5) To appoint, with the advice and consent of the Legislative Assembly: (i) Ministers to lead Executive Departments; (ii) Justices of the Supreme Court and Constitutional Court; (iii) The Prosecutor General and other principal officers of the Nation as defined by law;
6. (6) To appoint Trial Court judges, subject to confirmation by the Legislative Assembly;
7. (7) To receive ambassadors and conduct the foreign relations of the Tribal Nation;
8. (8) To address the Legislative Assembly on the state of the Nation and to recommend measures considered necessary and expedient;
9. (9) To grant reprieves and pardons for offenses against tribal law, except in cases of impeachment;
10. (10) To declare a state of emergency, with the approval of the Legislative Assembly, in accordance with Article 16.

§ 8-4 Executive Administration.

(a) The Head Chief shall establish and organize Executive Departments to administer the laws and functions of government, including but not limited to: Health, Education, Justice, Economic Development, Natural Resources, and Public Safety.

(b) The Head Chief shall appoint a Chief Administrator, subject to confirmation by the Legislative Assembly, to oversee the day-to-day operations of the Executive Departments under the direction of the Head Chief.

§ 8-5 Council of State.

(a) A Council of State shall advise the Head Chief. It shall be composed of traditional leaders, elders, the President of the Legislative Assembly, the Chief Justice, and other members as defined by law.

(b) The Head Chief shall consult the Council of State on matters of great national importance, including the declaration of war, the ratification of treaties, and the dissolution of the Legislative Assembly.

§ 8-6 Line of Succession.

(a) A line of succession for the temporary exercise of executive authority during the Head Chief's temporary absence or incapacitation shall be established by law, to be exercised by the Council of State.

§ 8-7 Succession of the Head Chief.

(a) Sacred Office, Public Process. The office of Head Chief is hereditary. To protect it from misuse, the successor shall be determined by a public process that respects tradition and popular sovereignty.

(b) The Succession Council. Upon the death, permanent incapacitation, or abdication of the Head Chief, a temporary Succession Council shall be formed within 7 days. It dissolves upon the new Head Chief's installation. The Council consists of:

1. (1) The President of the Legislative Assembly;
2. (2) The Chief Justice of the Supreme Court;
3. (3) Seven Clan Speakers, one selected by the adult members of each original clan according to their own customs;
4. (4) Two Elders appointed by the Ombudsman from a public registry of knowledge-keepers.

(c) Duty and Transparency. The Council's sole duty is to publicly hear evidence on the legitimate successor according to traditional law and lineage. All its sessions and records shall be public.

(d) The People's Ratification. Within 60 days, the Council must publicly name the rightful successor. This designation MUST be put to a Yes/No referendum of all citizens within 90 days. The successor is installed only if approved by a majority of voters. If rejected, the Council reconvenes.

(e) Interim Authority. During the succession process, the executive authority of the Head Chief shall be exercised collectively by the existing Council of State.

ARTICLE 9 — THE JUDICIAL BRANCH

§ 9-1 Unified Court System.

(a) The Tribal Court System shall consist of:

1. (1) Trial Courts of general jurisdiction
2. (2) A Supreme Court as court of final appeal

§ 9-2 Judicial Independence.

(a) Judges shall be independent and subject only to the Constitution and law. They shall have security of tenure and adequate compensation that cannot be diminished during their term.

§ 9-3 Appointment of Judges.

(a) Trial Court judges shall be appointed by the Head Chief with approval of the Legislative Assembly for terms of six years.

(b) Supreme Court Justices shall be appointed by the Head Chief with approval of the Legislative Assembly for terms of ten years.

(c) All judges must be citizens with legal training or equivalent traditional legal knowledge.

§ 9-4 Jurisdiction.

(a) The Tribal Courts shall have jurisdiction over all cases arising under Tribal law, including civil and criminal matters within Tribal territory.

§ 9-5 Supreme Court.

(a) The Supreme Court shall:

1. (1) Hear appeals from Trial Courts
2. (2) Ensure uniform application of law
3. (3) Issue binding interpretations of Tribal law
4. (4) Have original jurisdiction in specified cases
5. (5) Refer any case involving a substantial constitutional question to the Constitutional Court before proceeding with its appeal

§ 9-6 Judicial Oath.

(a) All judges shall swear: "I do solemnly swear that I will administer justice under God's authority, according to His divine principles and our Constitution."

ARTICLE 10 — CONSTITUTIONAL COURT

§ 10-1 Constitutional Court Jurisdiction.

(a) The Constitutional Court is the supreme interpreter of this Constitution. It has exclusive jurisdiction over:

1. (1) Abstract review of the constitutionality of laws and treaties;
2. (2) Concrete review of constitutional questions referred from other courts;
3. (3) Disputes between branches of government;
4. (4) Petitions alleging violations of fundamental rights.

§ 10-2 Standing to Petition.

(a) The following may bring a case before the Constitutional Court:

1. (1) The Head Chief or one-third of the Legislative Assembly;
2. (2) Any citizen whose constitutional rights are directly harmed, after exhausting other remedies;
3. (3) The Public Prosecutor General;
4. (4) The Ombudsman.

§ 10-3 Composition and Appointment.

(a) The Constitutional Court shall consist of seven Justices.

(b) Justices shall be appointed jointly by the Head Chief and the Legislative Assembly for single twelve-year terms.

(c) Decisions of the Constitutional Court are final and binding on all branches of government and all citizens.

ARTICLE 11 — PUBLIC PROSECUTION SERVICE

§ 11-1 Establishment.

(a) An independent Public Prosecution Service is established to represent the Nation in criminal matters, direct police investigations, and uphold the law.

§ 11-2 Prosecutor General.

(a) The service shall be headed by a Prosecutor General, appointed by the Head Chief for a single 10-year term from nominees provided by the High Judicial Council.

§ 11-3 Duties.

(a) The Prosecutor General shall ensure the uniform application of criminal law, protect victims' rights, and safeguard the legality of criminal proceedings.

ARTICLE 12 — ELECTIONS

§ 12-1 General Elections.

(a) General elections for the Legislative Assembly shall be held every four years on a date fixed by law.

§ 12-2 Electoral System.

(a) All elections shall be by universal, direct, secret, and periodic suffrage of citizens 18 years and older.

§ 12-3 Electoral Commission.

(a) An independent Electoral Commission shall administer all elections, ensure integrity, and resolve disputes. Commission members shall be appointed by the Legislative Assembly and serve fixed terms.

§ 12-4 Candidate Qualifications.

(a) Candidates for elected office must meet qualifications specified in this Constitution and additional reasonable requirements established by law.

§ 12-5 Campaign Finance.

(a) Reasonable regulations on campaign financing shall be established by law to prevent corruption and ensure fair elections.

§ 12-6 Recall and Removal.

(a) Elected officials may be recalled by petition of 30% of registered voters followed by special election.

(b) Officials may be impeached by Legislative Assembly for treason, bribery, or other high crimes.

§ 12-7 Vacancies.

(a) Vacancies in elected office shall be filled as provided by law, generally by special election or appointment until next election.

ARTICLE 13 — FINANCE AND BUDGET

§ 13-1 Annual Budget.

(a) The Head Chief shall prepare and submit an annual budget to the Legislative Assembly for approval. No funds shall be expended without legislative appropriation.

§ 13-2 Taxation Authority.

(a) The Legislative Assembly shall have exclusive power to levy taxes, subject to referendum if specified by law.

§ 13-3 Independent Audit.

(a) An independent Auditor General appointed by the Legislative Assembly shall audit all government accounts annually and report findings to the Assembly and public.

§ 13-4 Debt Limitation.

(a) Government debt shall not exceed limits established by law, except during declared emergencies.

§ 13-5 Tribal Trust Funds.

(a) Tribal trust funds and assets shall be managed separately with strict accountability and for the benefit of all citizens.

§ 13-6 Per Capita Distributions.

(a) Any per capita distributions of tribal revenues shall be made equally to all citizens according to law.

§ 13-7 Emergency Appropriations.

(a) Emergency appropriations may be made by Legislative Assembly during declared emergencies.

ARTICLE 14 — LAND AND NATURAL RESOURCES

§ 14-1 Sovereign Title.

(a) All lands within Tribal territory are held under the ultimate sovereign title of the Tribal Nation. Citizens are stewards of the land for future generations.

§ 14-2 Land Use Regulation.

(a) The Tribal Government has exclusive power to regulate land use, inheritance, leasing, and environmental protection.

§ 14-3 Acquisition of Land.

(a) The Tribal Government may acquire additional lands through purchase, gift, or grant to be held for the benefit of the Tribal Nation.

§ 14-4 Resource Management.

(a) Natural resources shall be managed sustainably for the benefit of current and future generations, with priority for traditional uses.

§ 14-5 Environmental Protection.

(a) The Tribal Government shall protect air, water, and land quality within its territory.

§ 14-6 Sacred Sites.

(a) Sacred sites and cultural resources shall be protected from desecration or inappropriate development.

ARTICLE 15 — LOCAL GOVERNMENT

§ 15-1 Community Councils.

(a) Traditional communities and districts shall have locally elected councils with powers delegated by the Legislative Assembly.

§ 15-2 Local Authority.

(a) Community councils may enact local ordinances, manage local services, and preserve local traditions, consistent with Tribal law.

§ 15-3 Revenue Sharing.

(a) A portion of Tribal revenues shall be distributed to local governments according to formula established by law.

§ 15-4 Local Elections.

(a) Local officials shall be elected according to procedures established by law.

§ 15-5 Traditional Governance.

(a) Traditional governance structures at local level shall be recognized and incorporated where consistent with this Constitution.

ARTICLE 16 — EMERGENCY POWERS

§ 16-1 Declaration of Emergency.

(a) The Head Chief, with approval of the Legislative Assembly, may declare a state of emergency in case of war, natural disaster, or grave threat to public safety.

§ 16-2 Emergency Duration.

(a) No state of emergency shall exceed 90 days without renewal by the Legislative Assembly. Total emergency duration shall not exceed 180 days per calendar year except in case of war.

§ 16-3 Emergency Powers.

(a) During emergencies, the Head Chief may take necessary measures to protect public safety, but shall not suspend the Bill of Rights except as strictly necessary and for limited duration.

§ 16-4 Legislative Oversight.

(a) The Legislative Assembly may terminate a state of emergency by majority vote at any time.

§ 16-5 Constitutional Protection.

(a) No constitutional amendment process may begin during a state of emergency.

§ 16-6 Non-Derogable Rights.

(a) Notwithstanding any declaration of emergency, the following rights under Article 5 shall NEVER be suspended:

1. (1) Right to life and personal integrity (§ 5-3(a)(b));
2. (2) Prohibition of torture and inhuman treatment (§ 5-3(b));
3. (3) Principle of non-retroactivity of criminal law (§ 5-2(c));
4. (4) Right to a fair trial, habeas corpus, and the presumption of innocence (§ 5-3(d)(e));
5. (5) Freedom of conscience and religion (§ 5-3(h)).

ARTICLE 17 — TRIBAL DEFENSE

§ 17-1 Tribal Defense Force.

(a) The Nation may maintain a Tribal Defense Force for territorial defense, disaster response, and ceremonial duties.

§ 17-2 Civilian Control.

(a) The Defense Force is subordinate to civilian authority. The Head Chief is its Commander-in-Chief. A civilian Department of Defense shall administer it.

§ 17-3 Deployment Limits.

(a) The Force may only be deployed to:

1. (1) Defend territorial integrity from imminent attack;
2. (2) Assist in declared states of emergency;
3. (3) Participate in ceremonial functions.

ARTICLE 18 — SOVEREIGN IMMUNITY

§ 18-1 Immunity Preserved.

(a) The Mendocino California Tribal Nations, its government, and instrumentalities retain sovereign immunity from suit in any jurisdiction.

§ 18-2 Waiver of Immunity.

(a) Immunity may only be waived by express, explicit action of the Legislative Assembly. No implied waiver shall be recognized.

§ 18-3 Tribal Court Jurisdiction.

(a) The Tribal Courts shall have exclusive jurisdiction over suits against the Tribal Government or its entities, except as waived.

§ 18-4 Official Immunity.

(a) Government officials acting within scope of authority shall have qualified immunity from personal liability.

ARTICLE 19 — ECONOMIC SOVEREIGNTY AND HEMP PROTECTIONS

§ 19-1 Economic Self-Determination.

(a) The Mendocino California Tribal Nations exercises exclusive authority over all economic development, agriculture, and commerce within its territory.

§ 19-2 Hemp Sovereignty Under 1856 Treaty.

(a) Pursuant to the Treaty of 1856 establishing the Geological Survey of Mendocino Indian Reservation, which explicitly acknowledged and protected tribal hemp cultivation and trade as essential to tribal economy, the Mendocino California Tribal Nations hereby exercises its treaty-reserved rights to regulate all aspects of hemp production, processing, and commerce. This treaty right predates and supersedes any conflicting federal regulation, except that the Tribal Nation may elect to align its hemp definition with federal law to facilitate interstate commerce and federal cooperation.

§ 19-3 Tribal Hemp Program.

(a) The Tribal Government shall establish and maintain a Tribal Hemp & Cannabis Program pursuant to Ordinance No. 2025-HEMP, which sets standards for cultivation, testing, and product safety. This program operationalizes the hemp rights reserved under the 1856 Treaty and shall not be superseded by external regulatory authority, provided that the Tribal Nation may adopt federal definitions by ordinance while preserving its sovereign right to amend or depart from such definitions upon proper legislative action.

§ 19-4 Commerce Protection.

(a) Consistent with historical trade patterns acknowledged in the 1856 Treaty and preceding trade agreements, the Mendocino California Tribal Nations shall have the authority to engage in interstate and international commerce of hemp and hemp products, and to enter into trade agreements with other sovereign nations and states.

§ 19-5 Treaty Rights Reinstatement.

(a) This Article reinstates and protects the Tribe's treaty-reserved rights regarding hemp cultivation and trade as established in the 1856 Mendocino Indian Reservation Treaty. These rights were never extinguished and are protected under the doctrine of reserved rights and the canons of treaty construction.

§ 19-6 Currency and Banking.

(a) The Tribal Nation may establish its own currency, banking system, and financial regulations.

ARTICLE 20 — INTERGOVERNMENTAL RELATIONS

§ 20-1 Treaty Power.

(a) The Head Chief, with approval of the Legislative Assembly, may enter into treaties and agreements with other governments.

§ 20-2 Existing Agreements.

(a) All existing treaties and agreements with the United States and other entities are recognized and shall be upheld.

§ 20-3 State and Local Relations.

(a) The Tribal Government may enter into compacts with state and local governments on matters of mutual concern.

§ 20-4 Foreign Relations.

(a) The Tribal Nation may establish diplomatic relations with other sovereign nations.

§ 20-5 Federal Recognition.

(a) This Constitution does not diminish the Tribe's inherent sovereignty or its status as recognized by the United States.

ARTICLE 21 — AMENDMENTS

§ 21-1 Amendment Process.

(a) This Constitution may be amended by:

1. (1) A two-thirds (2/3) vote of the entire Legislative Assembly, followed by a majority vote in a national referendum; OR
2. (2) A petition of twenty percent (20%) of registered voters, followed by a majority vote in a national referendum.

§ 21-2 Material Limits.

(a) No amendment may violate:

1. (1) National sovereignty and independence
2. (2) Democratic form of government
3. (3) Fundamental rights in Article 5
4. (4) Separation of powers
5. (5) Treaty rights, including hemp rights in Article 19
6. (6) The spiritual sovereignty of God

§ 21-3 No Revision During Emergency.

(a) No constitutional revision may be undertaken during a state of emergency.

ARTICLE 22 — TRANSITION PROVISIONS

§ 22-1 Effective Date.

(a) This Constitution takes effect upon ratification by majority vote in a constitutional referendum.

§ 22-2 Interim Government.

(a) Current tribal officials shall continue in office until first elections under this Constitution, to be held within 180 days of ratification.

§ 22-3 Existing Laws.

(a) All existing tribal laws not inconsistent with this Constitution shall remain in force until amended or repealed.

§ 22-4 First Elections.

(a) An Interim Electoral Commission appointed by the Head Chief and current Tribal Council shall conduct first elections under this Constitution.

§ 22-5 Judicial Transition.

(a) Existing tribal courts shall continue functioning until new judicial appointments are made under this Constitution.

§ 22-6 Property and Contracts.

(a) All tribal property and existing contracts shall continue unaffected by this Constitution.

ARTICLE 23 — LEGAL DEFINITIONS

§ 23-1 Organizational Terms.

(a) "TRIBE" means the Mendocino California Tribal Nations, its departments, programs, entities and subdivisions.

(b) "COUNCIL" means the Legislative Assembly established by this Constitution.

(c) "TRIBAL ENTITY" or "TRIBAL OPERATIONS" means the Tribal Government itself, its departments, programs, entities and subdivisions.

(d) "TRIBAL NATIONS" means the sovereign political entity known as the Mendocino California Tribal Nations.

§ 23-2 Sovereign Terms.

(a) "JURISDICTION" means the power and authority of a sovereign to govern and apply the law.

(b) "INHERENT SOVEREIGNTY" means sovereignty derived from the essential nature of, and inseparable from, the sovereign.

(c) "SOVEREIGN" means Almighty God, the supreme ruler and source of all just authority.

(d) "RESERVE" means lands set aside by the United States of America through Acts of Congress, Executive Orders (1855-1922), or other federal actions for the use and occupation of Indian tribes.

§ 23-2a Canon of Construction.

(a) CANON OF CONSTRUCTION. All provisions of this Constitution shall be liberally construed in favor of the Mendocino California Tribal Nations and its sovereign authority. Ambiguities in this Constitution shall be resolved in favor of tribal sovereignty, consistent with the federal canons of construction applicable to Indian law, which require that treaties, statutes, and constitutional provisions be construed in favor of the tribe.

(b) No provision of this Constitution shall be construed to diminish, limit, or qualify the inherent sovereign authority of the Mendocino California Tribal Nations unless such limitation is expressly stated and adopted by a two-thirds vote of the Legislative Assembly.

(c) When interpreting the scope of tribal jurisdiction, this Constitution shall be read to extend jurisdiction to the maximum extent permitted by the inherent sovereignty of the Tribe, consistent with the Great Law of Peace and federal Indian law.

§ 23-3 Economic Terms.

(a) "COMMERCE" means the exchange of goods, productions, or property of any kind.

(b) "REGULATION" means the act of regulating; a rule or order prescribed for management or government.

§ 23-4 Cultural-Spiritual Terms.

(a) "WARRIOR" means Protector of people, territory, and way of life; spiritual defender.

(b) "SPIRITUAL WARRIOR" means Guardian of sacred knowledge and spiritual practices.

(c) "FAMILIARS" means Extended family and kinship networks that preserve cultural lineage.

§ 23-5 Hemp and Cannabis Terms.

(a) "HEMP" means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (Delta-9 THC) concentration of not more than 0.3 percent on a dry weight basis, or such other concentration limit as may be established from time to time by federal law under the Agricultural Marketing Act of 1946 (7 U.S.C. § 1639o) or any successor federal statute. The Tribal Legislative Assembly may, by ordinance, adopt future amendments to the federal definition of hemp to maintain alignment with federal law, provided that any such adoption does not diminish the Tribe's treaty-reserved rights under the 1856 Treaty or its inherent sovereign authority to regulate hemp.

(b) "HEMP-A" means tetrahydrocannabinolic acid (THCA), the non-psychoactive acidic cannabinoid precursor present in the hemp plant. Nothing in this definition shall be construed to classify THCA as a controlled substance when derived from hemp as defined herein.

(c) "MARIJUANA" or "CANNABIS" means the plant Cannabis sativa L., and any part of that plant, whether growing or not, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol (Delta-9 THC) concentration exceeding the concentration limit established for hemp under subsection (a) of this section. For the avoidance of doubt, marijuana does not include hemp as defined herein, nor does it include any product derived from hemp. The term "cannabis" when used in medicinal contexts shall be defined separately by ordinance.

(d) "TETRAHYDROCANNABINOLS" or "THC" means tetrahydrocannabinols and their isomers, acids, salts, and salts of isomers, except that tetrahydrocannabinols naturally occurring in or derived from hemp as defined in subsection (a) of this section shall not be considered controlled substances.

(e) "HASHISH" means the resin extracted from any part of the plant Cannabis sativa L., except that resin derived from hemp as defined in subsection (a) of this section shall not be considered hashish.

(f) "CULTIVATION" means the planting, growing, harvesting, drying, curing, grading, trimming, or handling of hemp or cannabis plants.

(g) "PROCESSING" means the processing, extraction, manufacturing, or preparation of hemp or cannabis products.

(h) "CANNABINOIDS" means the chemical compounds that are the active constituents of cannabis.

(i) "HEMP-DERIVED PRODUCTS" means any product made from hemp, including products containing cannabinoids derived from hemp.

ARTICLE 24 — REVISION HISTORY

§ 24-1 Adoption of Constitution.

(a) This Constitution, integrating the original sovereign covenant of the Mendocino California Tribal Nations with a modern democratic framework, was adopted by sovereign act in the year 2025. This document supersedes and replaces all previous governing documents while fully preserving all inherent sovereign rights, treaty rights, and authorities.

§ 24-2 Source of Framework.

(a) The democratic framework herein incorporates principles from the Constitution of the Portuguese Republic (Seventh Revision, 2005), adapted to respect and protect our unique tribal sovereignty.

§ 24-3 Purpose of Constitution.

(a) The purpose of this Constitution is to strengthen the Mendocino California Tribal Nations by uniting our enduring inherent sovereignty with a robust, transparent, and democratic system of governance that protects the rights of citizens and ensures the legitimate and effective exercise of our sovereign powers for generations to come.

§ 24-4 Record of Revisions.

(a) All constitutional revisions shall be recorded herein with dates and substantive descriptions.

(b) December 14, 2025 Revisions: Consolidated executive power in the Head Chief as both Sovereign and Head of Government; removed the office of Principal Chief; updated all references; revised succession and deadlock procedures; maintained all democratic rights and Legislative Assembly powers.

(d) May 2026 Revisions: Added Haudenosaunee Lineage Clause to Preamble establishing constitutional descent from the Great Law of Peace; expanded Sovereignty Interpretation Clause to cite Senate Concurrent Resolution 331 (1988); added § 23-2a Canon of Construction requiring ambiguities to be resolved in favor of tribal sovereignty.

(c) March 26, 2026 Revisions: Amended Article 19 to include federal alignment provisions; amended Article 23 to add comprehensive definitions for hemp, marijuana, tetrahydrocannabinols, hashish, and related terms in alignment with the 2018 Farm Bill with future-proofing language; added conforming amendment to Article 3, § 3-2 to ensure consistent interpretation of controlled substance references in adopted federal codes.

ARTICLE 25 — ADOPTION AND CERTIFICATION

§ 25-1 Ratification.

(a) This Constitution shall be considered adopted upon its ratification by a majority vote of the qualified voters of the Mendocino California Tribal Nations in a referendum called for this purpose.

§ 25-2 Entry into Force.

(a) This Constitution shall enter into force immediately upon certification of ratification.

§ 25-3 Supremacy.

(a) This Constitution is the supreme law of the Mendocino California Tribal Nations. Any law or action inconsistent with it is void.

§ 25-4 Certification.

(a) We, the undersigned, certify the adoption of this Constitution by the sovereign will of the Mendocino California Tribal Nations.

ADOPTED by the sovereign will of the Mendocino California Tribal Nations on this 26th day of March, 2026.