Our constitution

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Under the Guidance and Blessings of our Ancestors, for our past, present and future generations, We The People of the Aniyunwiya, the Kituwah, bind ourselves in a permanent common union to secure for ourselves and our posterity all of the blessings of Freedom, Health, Wealth and Prosperity for complete Liberation. And to secure and preserve all of Our Basic Human and Spiritual Rights, Traditions and Heritages. WE DO Ordain and Establish this Constitution for The Kituwah Nation of North America (USA) also known as The Cherokee Keetoowah Tribal Nation of America. 

Our Creed Is: Every Human Being Has Worth and Value and Must Be Treated With Dignity and Respect. (This is Our Creed and The Values of Our Ancestors of The Cherokee Kituwah Nation). 

Purpose: Autonomy and Self-Government. This is an autonomy and self-government as provided for our people by the State Constitutions and The United States Constitution. And we also respect and support all of the other Tribal Constitutions, their peoples and their governments that makes up this great country and political unity that we all have and exist by. 

We are hereby reorganized under the Constitution of the State of Georgia, Constitution of the State of Alabama, The Code of Federal Rules and Regulations of The Bureau of Indian Affairs of the United States Department of the Interior and The Wheeler-Howard Act of June 18, 1934 @ 48 Statute 984-25, USCA @ 461 et seq. also known as The Indian Reorganization Act of the United States of America and submitting our application for federal recognition under the code of Federal Regulations 25 C.F.N. Part 83, 25 C.F.R. 83.7 (a) and Section 83.21. And CHEROKEE NATION VS GEORGIA. 

The Executive Branch of the Kituwah Nation is the Principal Chieftainess who are the Constitutional Regent of the State whose office is that of a permanent central government. The principal Chieftainess is to select and appoint a Principal Chief. The duties of her appointed principal chief is to solely act according to the business of state as delineated by the principal Chieftainess. Her appointed principal chief is her representative to the Grand Council, the Judiciary, their officers, staff and personnel, and all departments of government. The duties of the principal chief by appointment is as a prime minister and acting regent of the state on behalf of the Principal Chieftainess who is the official Head of State and Head of Government. The Principal Chieftainess will also select and appoint all the other ministers to serve as the managers of all the other various departments of state in the executive branch. 

The Legislative Branch of the Kituwah Nation is the Grand Council. The various members of the Grand Council are subject to election by the members of the town, village, ward or district that they hail from. The members of the Grand Council must be a resident of the area that they seek to represent or at least reside in that area for at least six months of each year. 

There shall be only 6 Councilors at present. There shall be 2 Councilors for each district, one male and one female. For instance, if the population of the tribal nation entity is 250 persons, then each Councilor can represent 50 people. Of course a councilor can represent more or less members of the population, according to where the councilor resides at and how many members of our general population reside in the same area. 

The purpose of this basic equation is to ensure that all citizens of the Kituwah Nation are equally represented and will have a voice in all matters affecting their local communities. The members of The Grand Council shall each serve for a term of 6 years. Elections will be held on October 31 of every sixth (6th) year for the offices of council for the people. 

The duties of the Councilors shall be to enact laws, rules, regulations, ordinances, statutes, codes and a body of rules that reflect the traditional customs, culture and practices of the Kituwah people. 

The Grand Councilors shall meet once every three (3) months to discuss the affairs of our tribal nation entity and act on behalf of the peoples of our local communities and the business of state. Every councilor shall be at least 21 years of age or older in order to hold office in the Kituwah government. 

The Principal Chieftainess or the Council Chairman reserves the right to call for a Council Meeting at any time they deem it fit to do so or when exigent circumstances demand it. 

The pay of the Councilors and that of all other employees of the government of the Kituwah nation shall be agreed upon and set by the Principal Chieftainess and the members of the Council. 

The Judiciary of the United Band of the Kituwah Nation is composed of five Supreme Court Justices. A Chief Justice and four Associate Justices. Each justice will have a suitable number of Clerks, Court Reporters, Interpreters, Marshals and Secretaries to conduct the business of their offices as required by law, custom and practices. 

Because the business of justice is widespread and because the hallmark of a truly decent, advanced society is expressed through its court system, it is imperative that the justices exhibit the ethics and morality that fit’s the creed of the Kituwah nation. For this reason the Executive Branch will select and nominate two candidates for justices to be appointed to the Supreme Court and the Grand Council members will select and nominate three candidates for justices to be appointed to the Supreme Court. 

All of the justices selected and nominated to the Kituwah Supreme Court must be approved by the Council after a full, fair hearing and examination by the Principal Chieftainess and the Councilors. A jurist must not be neither denied nor granted a position as a state jurist based on prejudices, whims, biases or discrimination. 

There will One Lower Subordinate Trial Court to be known as the Kituwah District Court. The judiciary of the Kituwah nation is to hear all cases arising among the common population of our Kituwah peoples from any internal actions such as domestic disputes, corporate and economic issues and any other matters where the actions of torts, equity, contracts, associations and breaches of trusts and duties are involved or alleged. The Supreme Court of the Kituwah Nation has original jurisdiction over all cases and all matters arising under any of the laws, rules and regulations of the Kituwah Nation. 

The Bill Of Rights for citizens and general population of the Kituwah Nation is set out below. 

1. The Inherent Right To Freedom of Speech, Thought and Expression; Freedom of the Press, Freedom to Communicate; Freedom of Religion and the Right to Practice, Traditional Native Religion, Native Spirituality or the Religion Of One’s Choice. 

2. The Right to a Safe and Secure Environment at Home, in the streets of our communities, in our schools, educational centers and industries, and our workplaces. 

3. The Right To Vote, Petition, Share Opinions and form Consensus on any matters deemed relevant to the community, individual rights, privileges or immunities and traditional culture; The rights to petition our Courts, Agencies and Corporations for a Redress Of Grievances. 

4. The Right to a basic and thorough traditional education in our native culture. The rights to traditional schools and education is fundamental to the collective health and perpetuation of our native system and way of life. 

5. The Right to Health Care both Traditional and Alternative. The right to Native health care. This means 

all health care, whether basic or advanced. 

6. The Right to Be Free from all manner of Discriminations, Biases and Prejudices based on Gender, Class, Ethnicity, Race or Material Standing in our communities. 

7. The Right to Social Services that are conducive to stabilizing a person or family in the Kituwah community for the overall current and long-term benefit of our nation and society. 

8. The Right To Economic Freedom and Assistance that are deemed necessary to preserve a person, home, family, business, school, trade, skill or industry that is deemed essential to the health, wealth and vitality of the community as a whole. 

The United Band of the Kituwah Nation is a sovereign, autonomous socio-ethnic society of Indigenous First Nation Peoples. While we do not seek to establish a separate state, we affirm our inherent right to self-governance and nationhood, consistent with the principles recognized under federal Indian law.

The Principal Chieftainess, in consultation with the Judiciary Committee and Tribal Attorney, may choose to cooperate with local, state, or federal law enforcement agencies regarding serious crimes, while reserving the Nation's right to assert jurisdiction where applicable.

As members of the United Band of the Kituwah Nation of America, we possess dual citizenship and Original Nation status. Our members retain all rights under the Kituwah Constitution, as well as protections under the U.S. Constitution, State Constitutions (including Georgia and Alabama), and the Bill of Rights.

The Principal Chieftainess, Judiciary Committee, and Tribal Legal Office further reserve the right to intervene in civil or criminal matters involving our members, families, or entities when necessary to protect their legal and constitutional rights under tribal, state, and federal law.

The Heads or Managers of the various Tribal Nation Departments will answer directly to the Principal Chieftainess and/or her appointed deputy principal chief. They are required to give reports and/or interact with members of the legislature concerning the interests and business of their constituents within their respected districts. All other checks and balances of power reside in the officers of the Executive and Legislative Branches. The checks and balances of their power are that of the Judicial Branch of the United Band of the Kituwah Nation of North America. 

Department of Administration 

Department of Education
Department of Commerce and Treasury Department of Health and Wellness
Department of Historical Records and Tribal Law Department of Homeland Security
Department of Human Services
Department of Natural Resources
Department of Operations 

In all matters and questions where the issues arise of a constitutional crisis the members of the offices and departments of the Principal Chieftainess, the Deputy Principal Chieftainess, the members of the Grand Council and the Ministers of the Various departments of the Tribal State will decide the best course of action to be taken in the interests of the nation. 

If the crisis is caused by either illness, either sickness or by incapacitation for some reason, then the Members of the Council, Principal and Deputy Principal Chieftainess will select and appoint a qualified person to fill the office of the employee that is afflicted. If the cause is a criminal matter of actions through malfeasance, then the Office of the Principal Chieftainess, Deputy Chieftainess and the members of The Grand Council shall consult with the General Attorney of the nation and decide what the best course of action is to be so that the interest of justice may be served for the tribal nation state entity and its citizens. 

Requirements for citizenship in the Kituwah Nation is as follows: Anyone or any person, including an individual or family, whose names appear on any of the Tribal Rolls taken by local, state, corporate or federal agents and representatives before, during or after the times of Native Indian Removals in the States of Georgia, Alabama, Tennessee, North Carolina, South Carolina, Virginia, Mississippi or any of the adjacent state areas of the colonial regions or territory. Such Rolls being the Henderson, Baker, Guion or other legitimate rolls. 

Any person or persons meaning individuals or families according to the veracity of any evidences given by oral traditions and testimonies of immediate family members or any other relatives of the person or families that relates to the person or families of aboriginal descent. 

Any person or persons meaning individuals or families whose immediate families, relatives or kith and kin inhabited known tribal areas and territories where such native aboriginals were known to exist. 

Any person or persons defined as individuals and families whose immediate families, ancestors or distant relatives who as members of the tribal nation that were known to exist in any of the said areas and territories before the colonial era, and before any dispossessions, removals or reclassifications of their native status into another form of identity. 

Any person or persons, defined as individuals and families who have or possess direct lineal descents and whose family members, ancestors, kith’s and kins have resided in and continue to reside in the areas of said native territories and tribal areas before the colonial era began. 

Any person or persons, meaning individuals and families, whose direct lineal connections were broken, disturbed or erased by dispossessions, forcible removals and/or reclassifications of their native status into a wholly different, false, foreign and/or arbitrary identity, but who can show or prove by oral traditions and physical evidences that their descents and heritage are from this said nation by the very facts that the collective ancestral nation inhabited the very tribal areas and territories that their immediate family members or ancestors can be found in. Such evidences shows a native aboriginal descent from, by and through a collective native presence of past ancestral generations in said tribal areas or territories of said nation that is corroborative evidences and proofs of an aboriginal lineage and heritage through tribal integrity 

Any other legitimate methods for determining ancestry, descents and citizenship in The United Band of the Kituwah Tribal Nation is subject to the review and approval of the Principal Chieftainess and Tribal Council.