Article IV - Powers of the Rosebud Sioux Tribal Council

Section 1.

Enumerated powers – The Council of the Rosebud Sioux Tribe shall exercise the following powers subject to any limitations imposed by the statutes or the Constitution of the United States, and subject to all express restrictions upon such powers contains in this Constitution and attached By-Laws.  (Amendment I effective June 19, 1962; Yes-346; No-296)

1. To negotiated with the federal, state and local governments on behalf of the Tribe and to advise and consult with the representatives of the Interior Department on all activities of the Department that may affect the Rosebud Sioux Reservation.
2. To employ legal counsel for the protection and advancement of the rights of the Tribe and its members.  (Amendment O effective September 20, 2007 – vote 472 for; 322 against; 12 ballots spoiled or mutilated)
3. To purchase and to otherwise acquire lands and other property for or on behalf of the Tribe and to manage, permit, assign, lease, sell, exchange, encumber, or otherwise deal with tribal lands and property as authorized by law; provided that there shall be no sales of tribal or TLE managed lands and no land trades to any non-Indians within the original boundaries of the 1868 Treaty without the consent of tribal members, and to prevent the sale, disposition, lease, or encumbrance of tribal lands, interests in tribal lands or other tribal assets without the consent of the Tribe; provided, that in leasing tribal land for grazing or agricultural purposes preference shall be given to any member of the Tribe who is the economic head of the family.  (Amendment XXI effective September 23, 1985)
4. To advise the Secretary of the Interior with regard to all appropriation estimates or federal projects for the benefit of the Tribe prior to the submission of such estimates to any departments of the United States Government and to Congress.  (Amendment XVIII effective September 23, 1985)
5. To make assignments of tribal land to members of the Tribe in conformity with Article VIII of this Constitution.
6. To make all economic affairs and enterprise of the Tribe in accordance with the terms of a charter which may be issued to the Tribe by the Secretary of the Interior.
7. To appropriate for public purposes of the Rosebud Sioux Tribe available Tribal Council funds.  (Amendment XVIII effective September 23, 1985)
8. To levy taxes upon members of the Tribe and to require the performance of reservation labor in lieu thereof, and to levy taxes or license fees upon non-members doing business within the reservation.  (Amendment XVIII effective September 23, 1985)
9. To exclude by ordinance from the restricted lands of the reservation persons not legally entitled to reside therein.  (Amendment XVIII – September 23, 1985)
10. To enact resolutions or ordinances not inconsistent with Article II of the Constitution governing the adoption and abandonment of membership.
11. To purchase lands of members of the Tribe for public purposes, under condemnation proceedings in courts of competent jurisdiction.
12. To promulgate and enforce ordinances providing for the maintenance of law and order and the administration of justice by establishing a reservation court and defining its duties and power.  (Amendment XVIII effective September 23, 1985)
13. To safeguard and promote the peace, safety, morals and general welfare of a the Tribe by regulating the conduct of trade and the use and disposition of property upon the reservation and provided further that non-restricted property of members which was obtained without any help or assistance of the government or the Tribe may be disposed of without restrictions.  (Amendment XVIII effective September 23, 1985)
14. To charter subordinate organization for economic purposes and to regulate the activities of all cooperative associations of members of the Tribe.
15. To regulate the inheritance of property, real and personal, other than allotted land, within the territory of the reservation.  (Amendment XVIII effective September 23, 1985)
16. The domestic relations of the Tribe shall be regulated by the Judiciary Department who shall be empowered by the Rosebud Tribal Council for a separation of powers.  All laws legislated by the Rosebud Tribal Council shall be enforced by this department to ensure fair and equal justice for all people without the interference of political power or pressure.  (Amendment Q effective September 20, 2007 – vote 554 for; 243 against; 9 ballots spoiled or mutilated)
17. To provide for the protection of all minors, mentally incompetent and any others who need protection or assistance for reason of health, age, or other extenuating circumstances.  The Judiciary Department shall provide whatever services are needed to fulfill their needs.  (Amendment R effective September 20, 2007 – vote 630 for; 160 against; 16 ballots spoiled or mutilated)
18. To exchange and foster the arts, crafts, traditions and culture of the Sioux.
19. To regulate the manner of making nominations and holding elections for tribal offices.
20. To adopt resolutions regulating the procedure of the Council itself and of other tribal agencies and tribal officials.
21. To delegate to subordinate boards or tribal officials, to the several communities, or to cooperative associations, which are open to all members of the Tribe any of the foregoing powers, reserving the right to review any action taken by virtue of such delegated power.
22. The Tribal Council shall develop plans and consider implications of the decisions they make on the next seven generations.  (Amendment S effective September 20, 2007 – vote 528 for; 262 against; 16 ballots spoiled or mutilated)

Section 2.

Future Powers – The Tribal Council may exercise such further powers as may in the future be delegated to the Tribe by the Secretary of the Interior or, by a duly authorized official or agency of the state or federal government.

Section 3.

Reserved Powers – Any rights and powers heretofore vested in the Rosebud Sioux Tribe but not expressly referred to in this Constitution shall not be abridged by this article but may be exercised by the people of the Rosebud Sioux Tribe through the adoption of appropriate by-laws and constitutional amendments.

Section 4. 

Limitations of Powers – The powers vested in the Rosebud Sioux Tribal Council shall not be vested in individual council members, but shall be exercised only by the collective body of the Council.  Any authority exercised by any member of the Council shall be designated by collective decision of the Council.  Exercising the powers of the Council as an individual and without the collective knowledge and approval of the Council shall constitute abuse of Council powers.  (Amendment T effective September 20, 2007 – 615 for; 181 against; 10 ballots spoiled or mutilated)