Propsed Constitution of the Oglala Lakota Nation
Below compares the proposed constitution and the original constitution.

Preamble

1936 Constitution



1936 Constitution Preamble


We, the Oglala Sioux Tribe of the Pine Ridge Indian Reservation, in order to establish a more perfect organization, promote the general welfare, conserve and develop our lands and resources, secure to ourselves and our posterity the power to exercise certain rights of home rule not inconsistent with Federal laws and our treaties, and in recognition of God Almighty and His Divine Providence, do ordain and establish this constitution for the Oglala Sioux Tribe.

Preamble= one sentence with 74 words


Preamble Analysis


January 15th 1936 constitution of the Oglala Sioux Tribe gives the impression that this is a constitution written, designed, and implemented by the Oglala Sioux people. Any person of good conscience when reviewing the historical data pertaining to American Indians and their ability to understand the English language, in 1936, will immediately know that American Indians had their own language and knew little or nothing about what words were being spoken and the meaning of the words used. The ruthless use of the government soldiers and the greed of new manufacturing class overruled any sense of humanity as they pursued ownership of the land controlled by Indian nations.

The 1936 constitution was never written by the Oglala People, was never authorized by legitimate referdum vote of the Oglala Sioux people, nor has it ever been implemented by the Oglala Sioux Tribe or its government officers. So what we could determine from this very statement is that it has been a false hood that has been perpetrated with intent by the United States Government upon the Oglala Sioux people with hidden intentions of greed for Gold and land acquisition.

Most all treaties entered into by the United States and its representative have in one way or another been found to be violated by Indians, or a government agent was instructed to break a treaty obligation in order to start a military conflict which always resulted in the American Indian losing more land or control of territory in the next treaty that would eventually be forced upon them through death and starvation. Indian nations seldom inflicted a violation of treaty without due cause presented by the opposition that wanted to expand or obtain additional minerals of one sort or another. Once again, history as Indian people know it bears this to be the truth.

The 1936 document, as we have stated, was written by non Indians. And we can see from the Shannon county newspaper that they were using scare language to get us to approve their constitution of domestication. The Final count was 28.7% of the Pine Ridge population, at the time, voted in favor of accepting the constitutional document. It was required by law (Act of June 18, 1934 48 Stat., 984: Etc., 378. Proviso :) a minimal 30% of the population required before the constitution became a valid instrument of Indian government. It’s plain to see that an illegal process of government was inflicted upon all Oglala by the US government. This is not a belief it is a fact of history. Pleas check out the Act of June 18th 1934 that required 30% of those entitled to vote to approve the constitution, which did not happen.

Ladies and gentlemen, word of threat against our children, against our people, against our tribe, was used to get our elders to accept the Constitution. Words like “poverty” ”powerlessness”, “homelessness”, and “landless”, Hunger”, “suffering”, were all used and approved by the US government to force this constitution down the throats of all Oglala Lakota people.

The flow chart of power that was implemented in this constitution has granted the Oglala Sioux tribal council more power than all the sovereign people put together. It also gave us a tribal and illegal tribal president that was also subjected to the power base of the tribal council. This constitution, as we have stated, took the power of self government away from the people and formed a domestic relationship that allowed the US to run our government as well our lives.

Now we are going to examine the title of a new constitution and that title shall read the Oglala Lakota Treaty Nation of the Oglala Sioux Tribe. This one statement declares that we as a people are subject to no one. Our loyalty belongs to our children, to our ancestors, and to ourselves. Every treaty that was ever entered into between the US government and native people has been violated, not by Indians, but by the representatives of the US government. For decades, multiple decades, we have been counting on the US government to be honorable to their own word and we have found disappointment, loss of land, dysfunctional government, and early death sentence for our people. This sentence of the Oglala Lakota Treaty Nation is designed to enforce honor, not with them but with each of us.

We do not seek approval from an outside government to approve our honoring each other. But rather we are seeking the adopting of a Treaty Nation to rule our lives, designed by us, approved by us, and in the end will be dictated by us, in the end by the Oglala Sioux Tribe.

In conclusion the Oglala Lakota Treaty Nation is who we are. We do not violate treaties and there is scarce a moment in history that can prove us wrong. This treaty is not with them but it is entirely between us and includes the people of all 9 districts of our tribe.

We all know the language of treaties because that is what we have done with other tribes, through out the ions of North American history. In the treaties, we helped each other, we traded, and we benefited other people’s existence as well as our own. So treaties became an honorable way of interacting with others and amongst ourselves. So on the table is a new document that is titled “Oglala Lakota Treaty Nation of The Oglala Sioux Tribe”. This will be the first time in history, since 1936 that we have taken back control of our nation. We are proclaiming that we owe loyalty to each other as Oglala’s in this document. We are also proclaiming that we are not domesticated as some would believe or as the US government would want all of us to believe. Further on in this Treaty we will proclaim that our land base is ours, always has been ours, and always will be under the control of the Oglala Lakota Treaty Nation.

Perposed Constitution (OLTN) Preamble



"WE, Sovereign Oyate, of the Oglala Lakota Treaty Nation, of the Pine ridge Indian Reservation, establish this Treaty between the people and our Government. To promote the preservation of our language, culture, and welfare of all our People, conserve and develop our lands and resources, secure to ourselves and our posterity the power to exercise rights of home rule. We the people and the (9) Nine Sovereign Districts Governments, do ordain and establish this Indivisible Treaty between the People and the Districts, of the Oglala Lakota Treaty Nation. This Tribal Treaty between the Oyate and the Districts shall henceforth be considered Law of Our Treaty.”

Preamble= 4 Sentences and 105 words

The Oglala Lakota Treaty Nation preamble is a non-discriminatory statement that is inclusive of all Indian people that are tribal members of the Oglala Sioux Tribe. The statement also declares all tribal citizens are equal in their status in the eyes (judicial, political, and economic positions) of our government. “We, Sovereign Oyate,” clearly provides all our citizens with established judicial and political as well as rights of commerce within and between the districts of the Oglala Lakota Treaty Nation.

The statement further gives connotation that a tribal member has all the same rights and privileges of other tribal members whether they live on or off the exterior boundaries of the Pine Ridge Indian Reservation. The preamble also provides a distinction between the sovereign people and the limitations of government. The people in general give their consent in the preamble to being governed by the treaty government in a limited capacity. The government receives this authority from the sovereign people with limitations as specifically stated in the remaining articles of the treaty.

The primary purpose of any treaty/constitution is to protect the civil liberties inherent in all people as well as to provide protection for the property and the rights of individuals joining together in self-government. The preamble to the Oglala Lakota Treaty Nation proclaims in the second sentence that it is “paramount to preservation of our language and culture”. The preamble recognizes that no nation evolving on the earth can be a nation without language, culture and land base. These cultural similarities exist between a small number of individuals or larger group that has in common certain social, political or regional distinctions. In the same sentence the preamble dictates that the accepted agreement is forever responsible for the welfare of all the treaty people, male-female, young and old, sick and healthy, the poor and the wealthy. There are rules of law that prevail to ensure that all citizens are treaty equally from birth to death. No trade or professional occupation has an advantage over another in matters of government and as set forth in the treaty between the people, nine districts and the tribe as a whole.

The preamble goes further to require our nation to develop land and resources, for the betterment of all Tribal members. It continues to state that it is the obligation of all Lakota people to preserve our inalienable rights as human beings governed by limited government. It goes on to say that the prosperity of our children and our future is incorporated in the Treaty. The same sentence that we have been discussing leads us to a position that exercising rights of home rule belongs to (sovereign) all Oglala Lakota People. This sentence, we have been discussing is an all inclusive statement of our right, our dignities, and our future as we try to exist on mother earth (Planet earth). It also states that we alone can be responsible for our own destiny. In the form of tribal government that we have been using we have been denied an opportunity to truly discover the value of home rule. This preamble places the direct responsibility of our decision, upon our lives, in our hands.

Sentence 3, begins with “We the people and the 9 sovereign districts of government” again lends itself to a distinction between the powers surrender by the people and the powers of limited scope and used upon behalf of the people by the authorized Treaty government. The sentence goes further in identifying that the people ordain and establish the relationship with government as an indivisible instrument between the sovereign people and limited powers of government that results in the protection of all members of the society.

Sentence three (3) of the preamble also alludes to the direct relationship of the people, districts and the Oglala Lakota Treaty Nation. The preamble states in unalterable terms the government is designed to support the sovereign people, the sovereign Districts and the Nation as a whole. It is designed and stated in the Oglala Lakota Treaty Nation preamble that government authority cannot subvert the powers of the people, or make laws, that rule over the people without the specific consent of the sovereign. Consent must be given through elected representatives to council with action of support demonstrated by a majority vote of each district council that comprises the treaty nation. Both bodies of government must approve any action of law statute by majority decision of both bodies of representation of the people and districts…..continue the last sentence of preamble.

We are going to examine the title of a new constitution and that title shall read the Oglala Lakota Treaty Nation of the Oglala Sioux Tribe. This one statement declares that we as a people are subject to no one. Our loyalty belongs to our children, to our ancestors, and to ourselves. Every treaty that was ever entered into between the US government and native people has been violated, not by Indians, but by the representatives of the US government. For decades, multiple decades, we have been counting on the US government to be honorable to their own word and we have found disappointment, loss of land, dysfunctional government, and early death sentence for our people. This sentence of the Oglala Lakota Treaty Nation is designed to enforce honor, not with them but with each of us.

We do not seek approval from an outside government to approve our honoring each other. But rather we are seeking the adopting of a Treaty Nation to rule our lives, designed by us, approved by us, and in the end will be dictated by us, in the end by the Oglala Sioux Tribe.

In conclusion the Oglala Lakota Treaty Nation is who we are. We do not violate treaties and there is scarce a moment in history that can prove us wrong. This treaty is not with them but it is entirely between us and includes the people of all 9 districts of our tribe.

We all know the language of treaties because that is what we have done with other tribes, through out the ions of North American history. In the treaties, we helped each other, we traded, and we benefited other people’s existence as well as our own. So treaties became an honorable way of interacting with others and amongst ourselves. So on the table is a new document that is titled “Oglala Lakota Treaty Nation of The Oglala Sioux Tribe”. This will be the first time in history, since 1936 that we have taken back control of our nation. We are proclaiming that we owe loyalty to each other as Oglala’s in this document. We are also proclaiming that we are not domesticated as some would believe or as the US government would want all of us to believe. Further on in this Treaty we will proclaim that our land base is ours, always has been ours, and always will be under the control of the Oglala Lakota Treaty Nation.