Crow[BKR1] Constitution & By Laws of the Crow Tribe of Indians ARTICLE II — TERRITORY The jurisdiction of the Crow Tribal General Council shall extend to all lands within the exterior boundaries of the Crow Indian Reservation including those lands within the original boundaries of the Crow Indian Reservation as determined by federal statutes and case law and to such other lands as may hereafter be acquired by or for the Crow Tribe of Indians. Legal Cause; U.S. District Court Stops v. Bull Tail., Issue Jurisdiction… Crow Constitution & By Laws of the Crow Tribe of Indians ARTICLE XI — BILL OF RIGHTS Section 2. This Constitution shall not in any way alter, abridge, or otherwise jeopardize the rights and privileges of the members of the Crow Tribe of Indians as citizens of the United States. U.S. Constitution: Article VI Clause 2. Supremacy of the Constitution, Laws and Treaties NATIONAL SUPREMACY Task of the Supreme Court Under the Clause: Preemption In applying the supremacy clause to subjects which have been regulated by Congress, the primary task of the Court is to ascertain whether a challenged state law is compatible with the policy expressed in the federal statute. When Congress legislates with regard to a subject, the extent and nature of the legal consequences of the regulation are federal questions, the answers to which are to be derived from a consideration of the language and policy of the state. If Congress expressly provides for exclusive federal dominion or if it expressly provides for concurrent federal-state jurisdiction, the task of the Court is simplified, though, of course, there may still be doubtful areas in which interpretation will be necessary. Where Congress is silent, however, the Court must itself decide whether the effect of the federal legislation is to oust state jurisdiction. 6 Id. 549. Essentially, the Justice was required to establish an affirmative constitutional barrier to congressional action. Id, 552- 553. That is, if one asserts only the absence of congressional authority, ones chances of success are dim because of the breadth of the commerce power. But when he asserts that, say, the First or Fifth Amendment bars congressional action concededly within its commerce power, one interposes an affirmative constitutional defense that has a chance of success. It was the Justices view that the State was asserting an affirmative constitutional right, inherent in its capacity as a State, to be free from such congressionally asserted authority. Id., 553. But whence the affirmative barrier? [I]t is not the Tenth Amendment by its terms. . . . Id., 557 (emphasis supplied). Rather, the Amendment was an example of the Framers understanding that the sovereignty of the States imposed an implied affirmative barrier to the assertion of otherwise valid congressional powers. Id., 557-559. But the difficulty with this construction is that the equivalence sought to be established by Justice Rehnquist lies not between an individual asserting a constitutional limit on delegated powers and a State asserting the same thing but is rather between an individual asserting a lack of authority and a State asserting a lack of authority; this equivalence is evident on the face of the Tenth Amendment which states that the powers not delegated to the United States are reserved to the States respectively, or to the people. (emphasis supplied). The States are thereby accorded no greater interest in restraining the exercise of nondelegated power than are the people. See Massachusetts v. Mellon, 262 U.S. 447 (1823). U.S. Const - Article IV Section 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. Constitution of Montana -- Article I -- COMPACT WITH THE UNITED STATES All provisions of the enabling act of Congress (approved February 22, 1889, 25 Stat. 676), as amended and of Ordinance No. 1, appended to the Constitution of the state of Montana and approved February 22, 1889, including the agreement and declaration that all lands owned or held by any Indian or Indian tribes shall remain under the absolute jurisdiction and control of the congress of the United States, continue in full force and effect until revoked by the consent of the United States and the people of Montana. Jurisdictions A Report of the Law, Justice, and Indian Affairs Interim Committee November 2000 Prepared by Montana Legislative Services Division P.O. Box 201706 Helena, MT 59620-1706 (406) 444-3064 FAX: (406) 444-3036 Internet URL: M.T. MCA 46-3-115. Offense consummated within the state. Except as provided in 46-3-110(2), if an offense is committed partly within this state, the offense may be charged in any county where an act requisite to the commission of the offense is committed or continued. History: En. 95-407 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-407; amd. Sec. 8, Ch. 800, L. 1991; Sec. 46-3-106, MCA 1989; redes. 46-3-115 by Code Commissioner, 1991; amd. Sec. 5, Ch. 177, L. 1995. 46-3-114. County of offense unknown. (1) Except as provided in 46-3-110(2), if the county in which the offense was committed cannot be readily determined, the offender may be charged in any county in which it appears that an element of the offense occurred. (2) Except as provided in 46-3-110(2), if an offense is committed in or against a public or private conveyance and it is doubtful in which county the offense occurred, the charge may be filed in any county in or through which the conveyance has traveled. History: En. 95-405 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-405; amd. Sec. 7, Ch. 800, L. 1991; Sec. 46-3-105, MCA 1989; redes. 46-3-114 by Code Commissioner, 1991; amd. Sec. 4, Ch. 177, L. 1995. [Responsibility - Intoxicated Condition, No. 2-109, 2009, Source and Comment] SOURCE: MCA § 45-2-203 (2007). COMMENT: This provision was amended in 1987 and substantially restricts the circumstances under which a Defendant can utilize being in a drugged or intoxicated condition as a defense to criminal charges. In State v. Egelhoff, 272 Mont. 114, 900 P.2d 260 (1995), the Montana Supreme Court found the statute upon which this instruction is based unconstitutional because it deprived the jury of the opportunity to consider intoxication in terms of whether the Defendant had the requisite mental state, thus relieving the prosecution of its burden of proof relative to mental state. However, the United States Supreme Court reversed in Montana v. Egelhoff, 518 U.S. 37, 116 S.Ct. 2013 (1996), disagreeing with Defendant’s contention that the statute and instruction violated due process. In State v. McCaslin, 322 Mont. 350, 96 P.3d 722 (2004), (overruled in part on other grounds by State v. Herman, 343 Mont. 494 (2008)) the Montana Supreme Court addressed the issue on state constitutional grounds. It held, in effect, that the statute does not violate a defendant’s due process rights under the state constitution. Note, however, that Justice Cotter, in her dissent, criticized the instruction offered by the state, which was based on a revised version of the statute. Justice Cotter writes at ¶ 52 “…where a jury instruction is premised upon a statute…then the instruction should mirror the statutory language and punctuation in all significant respects.” Constitution[BKR2] of Montana -- Article I -- COMPACT WITH THE UNITED STATES All provisions of the enabling act of Congress (approved February 22, 1889, 25 Stat. 676), as amended and of Ordinance No. 1, appended to the Constitution of the state of Montana and approved February 22, 1889, including the agreement and declaration that all lands owned or held by any Indian or Indian tribes shall remain under the absolute jurisdiction and control of the congress of the United States, continue in full force and effect until revoked by the consent of the United States and the people of Montana. U.S. Constitution Article VI This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. Constitution of Montana -- Article I -- COMPACT WITH THE UNITED STATES All provisions of the enabling act of Congress (approved February 22, 1889, 25 Stat. 676), as amended and of Ordinance No. 1, appended to the Constitution of the state of Montana and approved February 22, 1889, including the agreement and declaration that all lands owned or held by any Indian or Indian tribes shall remain under the absolute jurisdiction and control of the congress of the United States, continue in full force and effect until revoked by the consent of the United States and the people of Montana. M.T. Constitution of (1889) Odinanace No. I. Federal Relations., in whole – re; HOUSE BILL NO. 374 INTRODUCED BY B. EGGERS, BIXBY, FRITZ, GALVIN-HALCRO, GUTSCHE, JAYNE, JUNEAU, PEASE AN ACT REVISING THE LAWS RELATING TO THE LEGISLATIVE POLICY AND DUTIES OF THE OFFICE OF STATE COORDINATOR OF INDIAN AFFAIRS; AMENDING SECTIONS 90-11-101 AND 90-11-102, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: Section 1. Section 90-11-101, MCA, is amended to read: 90-11-101. Legislative policy. The legislature finds and declares that: (1) Whereas, a considerable portion of the citizens of the state of Montana are members of the Indian raceAmerican Indians; and (2) Whereas, in the course of the past 80 yearssince statehood,these Indian citizens of the state of Montana have been driven from their native valleys and plains and are at present living and residingliveduponon reservations set apart for suchthose purposes by the United States of America, and by virtue of that isolationtheir isolation and of supervision by the federal government, great problems of economic and social significance have arisen and presently exist, and no suitable progress has been made to solve such problems by reason of the fact that the Indians and those who are attempting to aid them in the solution of their problems have never been able to present a coordinated and united effort in solving such problems; and (3) Whereas, it is hereby declared that it is the legislative policy of this state that the best interests of the IndiansMontana Indian tribes will be served by the fostering of a program which isengaging in government-to-government relationships designed to establish and place our Indian citizens in a position to take their rightful place in our society and assume therecognize the rights, duties, and privileges of full citizenship and asthat Indians, are entitled to as citizens of this state it is therefore necessary that a state office of the coordinator of Indian affairs be established so that the problems of the Indians of Montana can be approached and reconciled from a state level in cooperation with the United States of America; and (4) Whereas,because the tribes are domestic dependent nations, agencies of the federal government retain jurisdiction on Indian reservations inand a fiduciary duty throughout the state of Montana offor the administration of economic, social, health, education, and welfare programs for Indians; and (5) Whereas, Indians who reside off reservations generally qualify for participation in federal programs but are often prohibited from voting on tribal affairs and for tribal officers; and (5) unique differences exist between the tribes, their reservations, customs, and treaties, and their respective relationships with the federal government, all of which influence the relationships among tribes and between the tribes and the state; (6) Whereas, there are sizeable numbers of off-reservation enrolled and unenrolled Indians residing in our state of both enrolled and unofficial tribal descent (landless) whose needs for social, environmental, educational, and economic assistance are borne in part by state and local agencies, and these needs are derived from problems shared by all Indians, whether they reside on reservations or not, and in consideration of their desire for official voice and representation in seeking solutions to their problems; and (7) Whereas, programs of the state of Montana should not duplicate those supported by agencies of the federal government or tribal governmentsas regardswith regard to jurisdiction of Indian people, and sincebecause state responsibility is effectedincludeswith off-reservation Indians and sincebecause those Indians require assistance to coordinate their affairs with various tribal groups and federal agencies where they have no official recognition; (8) the state and the tribes working together in a government-to-government relationship and engaging in compacts and other cooperative agreements for the benefit of Indian and non-Indian residents will promote economic development, environmental protection, education, social services support, and enduring good will; (8)(9) Then therefore, let it be resolved thatto facilitate the discussion and resolution of issues and concerns that Indian tribes have in relation to the state, the federal government, and among themselves, the coordinator of Indian affairs shouldshall: (a) maintain effective tribal-state communications; (b) assess the problems of all Indians to include those who reside off known reservations and whotribal and individual Indian concerns and interests to seek ways and means of communicating their opinions and needsthese concerns and interests to relevantstate agencies of responsibilityand to the legislature and that the coordinator should actively assist them in organizing theirthese efforts; and that he (c) act as representative and spokesmana liaison for organized bodies oftribes and Indian people, whether reservation or off-reservation classification the Indian people reside on or off reservations, whenever his assistance is required; (10) the coordinator of Indian affairs shall endeavor to assist tribes to seek agreements between the state and tribes and to work toward a consensus among the tribes and other parties on shared goals and principles. Section 2. Section 90-11-102, MCA, is amended to read: 90-11-102. (Temporary) Duties and assistance. (1) It is the duty of the state coordinator of Indian affairs to carry out the legislative policy set forth in 90-11-101. (2) The state coordinator shall: (a) meet at least quarterly with tribal governments and become acquainted with the problems confronting the Indians of Montana; (b) meet with executive branch directors on issues arising between Montanas Indian citizens, tribes, and state agency personnel and programs; (c) report to the governors cabinet meeting concerning issues confronting Indian people and tribal governments; (b)(d) advise the legislative and executive branches of the state of Montana of those problems and issues; (c)(e) make recommendations for the alleviation of those problems and issues; (d)(f) serve the Montana delegation in the federal congress as an adviser and intermediary in the field of Indian affairs; (e)(g) act on behalf ofas a liaison for representative Indian organizations and groups, public and private, whenever the state coordinators support is solicited by tribal governmental entities; (f)(h) serve on the state-tribal economic development commission established in 90-1-131; (g)(i) report in detail at every meeting of the interim committee of the legislature having jurisdiction over the office of the coordinator those actions taken by the state-tribal economic development commission established by 90-1-131 to carry out its duties; and (h)(j) hire, with the concurrence of the other members of the state-tribal economic development commission, a tribal business center coordinator and a federal grants coordinator, and subsequently provide administrative support for both positions. (3) All executive and legislative agencies of state government may within the area of their expertise and authority provide assistance to tribal councils or their official designees requesting assistance on any matter relating to coaleducation, health, natural resources, and economic development on Indian reservation lands and may make an appropriate charge for that assistance. (Terminates June 30, 2001--sec. 19, Ch. 512, L. 1999.) 90-11-102. (Effective July 1, 2001) Duties and assistance. (1) It shall beis the duty of the state coordinator of Indian affairs to carry out the legislative policy set forth in 90-11-101. (2) HeThe state coordinator shall acquaint himself: (a) meet at least quarterly with tribal governments and become acquainted with the problems confronting the Indians of Montana,and he shall; (b) meet with executive branch directors on issues arising between Montanas Indian citizens, tribes, and state agency personnel and programs; (c) report to the governors cabinet meeting concerning issues confronting Indian people and tribal governments; (d) advise the legislative and executive branches of the state of Montana of those problems and issuesand shall; (e) make recommendations for the alleviation thereofof those problems and issues;. He shall also (f) serve the Montana delegation in the federal congress as an adviser and intermediary in the field of Indian affairs; and shall (g) actas spokesman foras a liaison for representative Indian organizations and groups, public and private, whenever histhe state coordinators support is solicited by tribal governmental entities. (3) All executive and legislative agencies of state government may within the area of their expertise and authority provide assistance to tribal councils or their official designees requesting such assistance on any matter relating to coaleducation, health, natural resources, and economic development on Indian reservation lands and may make an appropriate chargetherefor. Section 3. Notification to tribal governments. The secretary of state shall send a copy of [this act] to each tribal government located on the seven Montana reservations and to the Little Shell band of Chippewa. Section 4. Effective date. [This act] is effective on passage and approval. - END - ________________________________________ Latest Version of HB 374 (HB0374.ENR) Processed for the Web on March 20, 2001 (2:14PM) New language in a bill appears underlined, deleted material appears stricken. Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted. See the status of this bill for the bills primary sponsor. Status of this Bill | 2001 Legislature | Leg. Branch Home This bill in WP 5.1 | All versions of all bills in WP 5.1 Authorized print version w/line numbers (PDF format) Prepared by Montana Legislative Services (406)444-3064 90-11-101. Legislative policy. The legislature finds and declares that: (1) a considerable portion of the citizens of the state of Montana are American Indians; (2) since statehood, Indian citizens of the state of Montana have lived on reservations set apart for those purposes by the United States of America, and by virtue of their isolation and supervision by the federal government, great problems of economic and social significance have arisen and presently exist; (3) the best interests of Montana Indian tribes will be served by engaging in government-to-government relationships designed to recognize the rights, duties, and privileges of full citizenship that Indians are entitled to as citizens of this state; (4) because the tribes are domestic dependent nations, agencies of the federal government retain jurisdiction and a fiduciary duty throughout the state of Montana for the administration of economic, social, health, education, and welfare programs for Indians; (5) unique differences exist between the tribes, their reservations, customs, and treaties, and their respective relationships with the federal government, all of which influence the relationships among tribes and between the tribes and the state; (6) there are sizeable numbers of off-reservation enrolled and unenrolled Indians residing in our state whose needs for social, environmental, educational, and economic assistance are borne in part by state and local agencies; (7) programs of the state of Montana should not duplicate those supported by agencies of the federal government or tribal governments with regard to jurisdiction of Indian people, because state responsibility includes off-reservation Indians and because those Indians require assistance to coordinate their affairs with various tribal groups and federal agencies where they have no official recognition; (8) the state and the tribes working together in a government-to-government relationship and engaging in compacts and other cooperative agreements for the benefit of Indian and non-Indian residents will promote economic development, environmental protection, education, social services support, and enduring good will; (9) to facilitate the discussion and resolution of issues and concerns that Indian tribes have in relation to the state, the federal government, and among themselves, the state director of Indian affairs shall: (a) maintain effective tribal-state communications; (b) assess tribal and individual Indian concerns and interests to seek ways and means of communicating these concerns and interests to relevant state agencies and to the legislature and actively assist in organizing these efforts; and (c) act as a liaison for tribes and Indian people, whether the Indian people reside on or off reservations, whenever assistance is required; (10) the state director of Indian affairs shall endeavor to assist tribes to seek agreements between the state and tribes and to work toward a consensus among the tribes and other parties on shared goals and principles. History: En. Sec. 1, Ch. 203, L. 1951; amd. Sec. 1, Ch. 319, L. 1969; amd. Sec. 1, Ch. 160, L. 1974; R.C.M. 1947, 82-2701; MCA 1979, 2-15-1112; redes. 90-11-101 by Sec. 20, Ch. 274, L. 1981; amd. Sec. 1, Ch. 178, L. 2001; amd. Sec. 11, Ch. 164, L. 2009. 90-11-102. Duties and assistance. (1) It is the duty of the state director of Indian affairs to carry out the legislative policy set forth in 90-11-101. (2) The state director shall: (a) meet at least quarterly with tribal governments and become acquainted with the problems confronting the Indians of Montana; (b) meet with executive branch directors on issues arising between Montanas Indian citizens, tribes, and state agency personnel and programs; (c) report to the governors cabinet meeting concerning issues confronting Indian people and tribal governments; (d) advise the legislative and executive branches of the state of Montana of those problems and issues; (e) make recommendations for the alleviation of those problems and issues; (f) serve the Montana delegation in the federal congress as an adviser and intermediary in the field of Indian affairs; (g) act as a liaison for representative Indian organizations and groups, public and private, whenever the state directors support is solicited by tribal governmental entities; (h) serve on the state-tribal economic development commission established in 90-1-131; (i) report in detail at every meeting of the interim committee of the legislature responsible for acting as a liaison between the legislature and the tribal governments those actions taken by the state-tribal economic development commission established by 90-1-131 to carry out its duties; and (j) hire, with the concurrence of the other members of the state-tribal economic development commission, a tribal business center coordinator and a federal grants coordinator, and subsequently provide administrative support for both positions. (3) All executive and legislative agencies of state government may within the area of their expertise and authority provide assistance to tribal councils or their official designees requesting assistance on any matter relating to education, health, natural resources, and economic development on Indian reservation lands. History: (1), (2)En. Sec. 3, Ch. 203, L. 1951; amd. Sec. 3, Ch. 319, L. 1969; amd. Sec. 3, Ch. 160, L. 1974; Sec. 82-2703, R.C.M. 1947; (3)En. Sec. 1, Ch. 221, L. 1973; Sec. 82-2705, R.C.M. 1947; R.C.M. 1947, 82-2703, 82-2705; MCA 1979, 2-15-1113; redes. 90-11-102 by Sec. 20, Ch. 274, L. 1981; amd. Sec. 14, Ch. 512, L. 1999; amd. Sec. 3, Ch. 69, L. 2001; amd. Sec. 2, Ch. 178, L. 2001; amd. Sec. 12, Ch. 164, L. 2009. U[BKR3] .S. Constitution Amendment XIV Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Crow Constitution & By Laws of the Crow Tribe of Indians ARTICLE XI — BILL OF RIGHTS Section 2. This Constitution shall not in any way alter, abridge, or otherwise jeopardize the rights and privileges of the members of the Crow Tribe of Indians as citizens of the United States. Constitution of Montana -- Article I -- COMPACT WITH THE UNITED STATES All provisions of the enabling act of Congress (approved February 22, 1889, 25 Stat. 676), as amended and of Ordinance No. 1, appended to the Constitution of the state of Montana and approved February 22, 1889, including the agreement and declaration that all lands owned or held by any Indian or Indian tribes shall remain under the absolute jurisdiction and control of the congress of the United States, continue in full force and effect until revoked by the consent of the United States and the people of Montana. U.S. Const - Article IV Section 2. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime. Constitution of Montana -- Article I -- COMPACT WITH THE UNITED STATES All provisions of the enabling act of Congress (approved February 22, 1889, 25 Stat. 676), as amended and of Ordinance No. 1, appended to the Constitution of the state of Montana and approved February 22, 1889, including the agreement and declaration that all lands owned or held by any Indian or Indian tribes shall remain under the absolute jurisdiction and control of the congress of the United States, continue in full force and effect until revoked by the consent of the United States and the people of Montana. M.T. MCA 46-3-113. Assisting in commission of or committing an offense. Except as provided in 46-3-110(2), if a person in one county commits an offense or aids, abets, or procures the commission of an offense in another county, the charge may be filed in either county. History: En. 95-404 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-404; amd. Sec. 6, Ch. 800, L. 1991; Sec. 46-3-104, MCA 1989; redes. 46-3-113 by Code Commissioner, 1991; amd. Sec. 3, Ch. 177, L. 1995. [Issues--Accountability for the Conduct of Another]
Posted on: Fri, 31 Jan 2014 16:19:08 +0000