Constitution of the Kiowa Tribe of Oklahoma

We the people of the Kiowa Tribe of Oklahoma, pursuant to our inherent sovereignty and under the guidance of Daw-Kee (our almighty God), seek to improve, promote, and maintain our language, culture, traditions, and the independence of our people; to guarantee individual rights and freedom of religion, to preserve our right of self-government, to promote the social and economic welfare of our members, and to utilize, increase, and protect our tribal resources, maintain peace and order, and safeguard individual rights, do ordain and establish this Constitution.

ARTICLE I – BILL OF RIGHTS

Section 1. Bill of Rights.

The government of the Kiowa Tribe shall not make or enforce any law which:

• Infringes upon religious or cultural beliefs or prohibits the free exercise thereof including the right to possess and use peyote for religious purposes, nor any law which establishes religion;
• Prohibits the freedom of speech, expression, or of the press, or the right of the People peaceably to assemble, and to petition the government for redress of grievances;
• Violates the right of the People to be secure in the privacy of their persons, houses, papers, electronic and telecommunications information, vehicles, and effects against unreasonable searches and seizures, nor issue warrants but upon probable cause...
• Subjects any persons to search without probable cause, to interrogation while in custody, or to arrest without informing them of their rights...
• Subjects any person to criminal prosecution or punishment more than once for the same offense...
• Discharges any person from employment without due process...
• Denies to any person in a criminal proceeding the right to a speedy and public trial...
• Denies to any person in a civil proceeding the right to a speedy trial...
• Requires excessive bail, imposes excessive fines, or inflicts cruel and unusual methods of interrogation or punishment;
• Denies to any person within its jurisdiction the equal protection, application, or opportunity under the law...
• Singling out individuals or groups for punishment without trial, or punishing conduct after the fact;
• Denies to any person the right to a trial by an impartial jury of not less than six persons;
• Denies to any person access to his or her personal information maintained by the Kiowa Tribe;
• Discriminates against any person based on age, gender, religion, disability, familial status, sexual orientation, or social or economic status.

Section 2. Reserved Powers.

Powers not granted to the Government shall be reserved to the People.

ARTICLE II – ORGANIZATION OF THE GOVERNMENT

Section 1. Sovereignty.

The Kiowa Tribe possesses inherent sovereign powers of government by virtue of territorial integrity and democracy. The Constitution of the Tribe shall be the supreme law of the land...

Section 2. Branches of Government.

The power of the government shall be divided into four branches: Kiowa Indian Council, Executive, Legislative, and Judicial.

Section 3. Separation of Powers.

No official of any branch of Government shall exercise any power granted in this Constitution or properly delegated by law to any other branch of Government except as expressly directed or permitted by this Constitution.

ARTICLE III – TERRITORY AND JURISDICTION

Section 1. Territory.

The Territory of the Tribe shall include any and all lands which are held by, and any additional lands acquired by, the Tribe, and any lands held by the United States for the benefit of the Tribe or the People...

Section 2. Jurisdiction.

The Jurisdiction of the Tribe shall extend to all persons, activities, and property within the Territory based upon inherent sovereignty...

ARTICLE IV – MEMBERSHIP

Section 1. Qualifying Membership.

The membership of the Tribe shall consist of the following persons, regardless of their residence:

• Upon approval of this Constitution, all original allottees of Kiowa Indian blood and/or Kiowa Captive blood shall be entitled to be enrolled as Members of the Tribe...
• Biological lineal Descendants of persons identified in Section 1(a) of this Article shall be eligible for enrollment...

Section 2. Allottee Blood Quantum.

All persons identified in Section 1(a) of this Article shall be deemed to possess four-fourths (4/4) degree Kiowa Indian and/or Kiowa Captive blood for the purposes of computing eligibility...