In the spirit of my last post, encouraging Choctaw voters to vote no on Amendment 2 until we have a more robust bill of rights in place, I thought I ought to share my draft proposal for a new bill of rights. This is an edited (more detailed) version of the example I provided to the Choctaw Tribal Council in advance of my comments to them this past weekend.

Comments, critiques, and suggestions are welcome, as this is intended to be a starting point for creating a stronger Choctaw bill of rights.

Proposed Article IV

The Tribal Council shall not make, nor shall the Executive or Judicial Departments enforce, any law which is inconsistent with the rights protected by this Constitution. The following rights are recognized as fundamental and shall be enforceable within the Courts of the Choctaw Nation of Oklahoma:

1. The right of members to seek public office without being subject to a religious test of any kind.
2. The right of every member to speak, write or publish his opinions on matters relating to the Choctaw Nation.
3. The right of the members, in a peaceable manner, to assemble together for their common good, and to apply to those vested with powers of government for redress of grievances or other purposes by address and remonstrance.
4. The freedom of speech.
5. The freedom of association, provided that the Nation may prohibit criminal conspiracies.
6. The freedom of the press.
7. The right to free exercise of religion, including the right to refrain from religious activity.
8. The right of all people to be secure in their persons, houses, paper, and effects against unreasonable search and seizure; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized.
9. The right of a person to never be twice put in jeopardy for the same offense.
10. The right of a person to never be compelled to incriminate himself.
11. The right to receive just compensation for any property taken by the Nation for a public use.
12. The right of a criminal defendant to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the assistance of legal counsel for his defense.
13. The right against excessive bail or fines.
14. The right against cruel and unusual punishment.
15. The right against bills of attainder and ex post facto laws.
16. The right to trial by an impartial jury of not less than six persons, a unanimous verdict of guilty beyond a reasonable doubt being required to establish the guilt of a criminal defendant.
17. The right to equal protection of the laws, provided that this right shall not be construed to confer the right of suffrage upon those who are not members of the Nation. In all other respects, all persons shall be equal before the law.
18. The right to due process of law in all proceedings where a person may be deprived of life, liberty, or property. The right to due process shall include, but is not limited to the following: (i) notice of any proposed action that could deprive the person of life, liberty, or property, and the asserted grounds for the action; (ii) a meaningful opportunity to be heard in relation to the proposed action; (iii) the right to present evidence, including the right to call witnesses; (iv) the right to see and contest all evidence presented by opposing parties; (v) the right to cross examine witnesses of opposing parties; (vi) a decision based exclusively on evidence validly presented to the tribunal; (vii) the opportunity to be represented by counsel; (viii) an accurate record of the proceedings and evidence presented, prepared and kept by the tribunal; and (ix) where a decision is not rendered by a jury, a written decision of the tribunal, stating findings of fact, the procedures followed, the substantive law applied, and reasons for its decision.
19. The right, in all judicial proceedings, to a neutral and unbiased presiding judge who possesses sufficient legal training to preside over the relevant type of proceedings and is licensed to practice law by any jurisdiction in the United States, provided that the Nation may establish higher standards for judges than the one provided herein.
20. The right of criminal defendants, if they are indigent, to have appointed counsel, provided at the expense of the Nation, and such counsel must, at minimum, be an attorney licensed to practice in any jurisdiction in the United States that applies appropriate professional licensing standards and effectively ensures the competence and professional responsibility of its licensed attorneys, provided that the Nation may establish higher standards for appointed attorneys that the ones provided herein.
21. The right to effective assistance of counsel, at least equal to that guaranteed by the United States Constitution.
22. The right of criminal defendants to be sentenced not more than is permissible under the Federal Indian Civil Rights Act, 25 U.S.C. § 1302, including any amendments thereto.
23. The right to keep and bear arms, provided that the Nation may enact and enforce reasonable regulations pertaining to firearms and other weapons, for the purpose of preventing and punishing their possession by dangerous persons.
24. The right to marry, with the free and informed consent of both spouses, provided that the Nation may enact and enforce regulations to prohibit polygamy and marriage between relatives.
25. The right to be free from slavery or involuntary servitude.
26. The right to convenient access to the public documents of the Nation, including the Constitution and all laws, regulations, interpretive documents, rules of evidence, and rules of procedure.
27. The right to any other unenumerated fundamental rights, those being the liberties upon which the People of the Nation have come to rely, and the unenumerated rights which are fundamental to the Choctaw tradition of ordered liberty.