CONSTITUTION OF THE MENDOCINO CALIFORNIA TRIBAL NATIONS OF THE MENDOCINO INDIAN RESERVATION

Adopted: May 2020
Revised: November 29, 2025

Table of Contents

PREAMBLE

We the Native people (Community) of the Mendocino California Tribal Nations Tribe, exercising our inherent sovereignty under God, do hereby adopt this constitution in order to: Promote the common good and well-being of the Tribal Government; Protect and preserve our culture and traditions including our language, arts and crafts, and archaeological sites; Protect our land, water and natural resources; Promote and protect the health and welfare of our people; Encourage and promote educational opportunities for members; Foster economic development; Protect the individual rights of our members; Acquire additional lands for the benefit of the Tribal Government; Promote self-government and ensure the political integrity of the members; Preserve, secure and exercise all the inherent sovereign rights and powers of Head Chief.

DIVINE SOVEREIGNTY CLAUSE

Almighty God is recognized as the Supreme Sovereign over the Mendocino California Tribal Nations. All governmental authority exercised herein derives from and is accountable to His divine law.

SOVEREIGNTY INTERPRETATION CLAUSE

The Mendocino California Tribal Nations of Mendocino Indian Reservation exercises Mendocino California's JURISDICTION (as defined in Article XIX) based on INHERENT SOVEREIGNTY (as defined in Article XIX) predating the United States government, as recognized in Worcester v. Georgia...

ARTICLE I - TERRITORY AND JURISDICTION

Section 1. Territory.

The territory of the Tribal Government shall include, to the fullest extent possible consistent with Tribal Government federal law, all lands, water, property, airspace, surface rights, and other natural resources in which now or in the future has any interest, which are owned now or in the future by Tribal Government for the exclusive or non-exclusive benefit of the members, or which are located within the boundaries of a reservation which may be established for the Tribal Government.

Section 2. Jurisdiction.

By federal law, the Tribal Government shall have jurisdiction over all tribal Government members and over all persons, subjects, property, and all activities occurring within its territory as defined by this Article, Tribal Government to exercise its jurisdiction, based upon its inherent sovereignty as an Tribal Government.

Section 3. Sovereignty Declaration.

The Mendocino California Tribal Nations of Mendocino Indian Reservation exercises jurisdiction based on inherent sovereignty predating the United States government. All references to federal law represent strategic adoption by sovereign choice under Worcester v. Georgia, 31 U.S. (6 Pet.) 515 (1832), and do not constitute recognition of external authority.

ARTICLE II - SOVEREIGN COVENANT AND ECONOMIC FOUNDATION

Section 1. Sovereign Covenant.
Section 2. Human Rights Foundation.
Section 3. Economic Sovereignty.
Section 4. Governance Framework.
Section 5. Historical Reclamation.
Section 6. Sovereign Recognition.

ARTICLE III - TRIBAL JUSTICE PRINCIPLES

The course seeks to create a sense of Agency and Department efficacy in creating new pathways for transforming our Tribal workforce Economics resources and Society and particularly our university and schools, to be more equitable and just places.

A Chief Justice Court System will be appointed for each court who will be responsible for administration of the court and supervision of all Tribal Court personnel:

The Court System of Indian Reservations includes Tribal Court and functioning

note: U.S. Supreme Court Iowa Mut. Ins. Co. v. La Plante, 480 U.S. 9, 107S. cf. 917, 941. Ed. 2nd 10 (1987)

ARTICLE IV - MENDOCINO RESERVE TRIBAL GOVERNMENT

Section 1. Government Head Chief Member.

The Tribal Government Consulting shall also include one (1) President Member (1) Vice President who must reside within the territory of the Tribal Government or the territory of Office, and who must be at least Thirty-Five (35) years of age.

Section 2. Terms of Office.

The terms of office for all Head Chief Tribal Government Members including the President and Vice President shall be four (4) years.

Section 3. Consecutive Terms.

There shall be serving consecutive terms on the Tribal Government. All Tribal Government Members must continue to meet the requirements set forth above for their respective Tribal Government seats during their term of office.

Section 4. Duties of the Officers.

The duties of the President and Vice President shall be established by Law enacted by the Tribal Government Constitution.

Section 5. Meetings Tribal Government.

(a) The Tribal Government shall hold a regular meeting once a month.
(b) The President of the Tribal Government may call special meetings of the Tribal Government. Adequate notice of all special meetings shall be given to all members of the Tribal Government.
(c) At each regular or special meetings of the Tribal Government shall be appointed to take minutes of the meeting, and a copy of the minutes shall be preserved by the Tribal Administration.

Section 6. Quorum.

Tribal Government Head Chief and two (2) or more members of the Tribal Government shall constitute a quorum of Three (3) for any regular or special Tribal Government meeting. This quorum is required at all meetings to conduct official business of the Tribal Government.

Section 7. Voting.

The Tribal Government shall make decisions by a majority vote of those present except as otherwise provided in this constitution requires the Head Chief President and, Vice President shall have the power to vote.

Section 8. Code of Ethics.

The Tribal Government shall have the power to adopt the conduct of tribal Government officials. may include disciplinary procedures so long as the official in question is informed of the charges and given an opportunity to respond to those charges including the opportunity to present witnesses and other evidence in his or her defence.

ARTICLE V - POWERS OF THE TRIBAL GOVERNMENT

The "Chief Justice" shall have all powers vested in the Tribal Government through its inherent sovereignty by Head Chief federal law. It shall execute these powers in accordance with established customs of the Tribal Government and subject to the express limitations contained in this constitution or other applicable laws. These powers include but are not limited to the following:

(a) To represent the Tribal Government and act in all matters that concern the welfare of the Tribal Government, and to make decisions to this constitution.
(b) To negotiate and enter into contracts with the federal, state, local governments, and with individuals, associations, corporations, enterprises or organizations.
(c) To purchase or accept any land or property for the Tribal Government.
(d) To enact laws regulating the use, inheritance of all property within the territory of the Tribal Government.
(e) To lands interests in tribal funds or other tribal assets;
(f) To employ accordance with applicable Tribal Government laws;
(g) To enact Tribal Government laws regulating the domestic relations of persons within the jurisdiction of the Tribal Government:
(h) To enact a law-and-order Tribal governing the conduct of constitution within the laws;
(i) To provide for the exclusion of any non-member
(j) To levy and collect taxes, duties, fees and assessments.
(k) To appropriate and regulate the use of funds in accordance with an annual budget approved by the Tribal Government;
(l) To regulate all business activities within the jurisdiction, and to manage all economic affairs and enterprises.
(m) To regulate all matters and to take all actions necessary to preserve and safeguard the health, safety, welfare;
(n) To appoint Tribal Advisory Committee, Tribal Business Department. Administration, Representatives and, Tribal Government Tribal law enforcement officers and Security, and to set their compensation, tenure and duties.
(o) To enact laws, necessary or incidental to the exercise of its Tribal Government powers;
(p) To take any and all actions necessary and proper for the exercise of the foregoing powers and duties, including those powers and duties, and for all other powers and duties now or hereafter delegated to the Tribal Government, or vested in the Chief Justice by federal law or through its inherent sovereignty.

ARTICLE VI - THE TRIBAL GOVERNMENT SYSTEM

Section 1. Establishment.

The judicial power of the Tribal Government shall be vested in the Tribal Court System.

Section 2. Chief Justice.

The Tribal Government Chief Justice shall be appointed by the Head Chief and serve for a term of six (6) years.

Section 3. Judicial Oath.

All judges shall swear: "I do solemnly swear that I will administer justice under God's authority, according to His divine principles and our Constitution."

Section 4. Jurisdiction.

The Tribal Courts shall have jurisdiction over all cases arising under this Constitution and tribal laws.

ARTICLE VII - THE TRIBAL ADMINISTRATION

The Tribal Administration shall consist of the Head Chief and President of the Tribal Government, and other persons as deemed necessary by the Tribal Government. The Tribal Administration shall oversee the administration of the tribal Government business and shall supervise the day-to-day operations of the Tribe. The Tribal Administration shall be subordinate to the Tribal Government.

ARTICLE VIII - ELECTIONS

Section 1. General Elections.

General elections to vote for Tribal Government Members shall be Election of Tribal Government Members seats shall be up for election 4 year term.

Section 2. Special Elections.

Special elections shall be held when called for by the Tribal Government, by this constitution, or by the Tribal Government, as provided for in this constitution.

Section 3. Qualifications for Tribal Government.

Persons nominated to run for Tribal Government seats must be enrolled Tribal Government members who meet the age requirements set forth by the Head Chief on or before the date of the election, and they must meet the residency requirements set forth in for at least one year to the date of the election.

Section 4. Oath of Office.

The oath of office for each newly elected Tribal Government Member shall be administered by the Head Chief within thirty (30) days after the Election declares the winner of a seat, unless a challenge is filed and in that case within thirty (30) days after a final decision by the Tribal Government Court or the oath of office shall be administered to the newly elected Tribal Government Members whose seats have not been challenged within thirty (30) days after the Tribal Government declares the winners. Each incumbent Tribal Government Member shall remain in office until the oath of office is administered to the Tribal Government Member for his or her seat her control to the newly elected Tribal Government Member.

ARTICLE IX - REMOVAL, RECALL AND VACANCY

Section 1. Removal.

(a) The Tribal Government shall remove a Member for:
(1) Final conviction of a Tribal Court felony by any tribal court while serving on the Tribal Government.
(A) The Tribal Government may suspend a Member charged with a felony pending the outcome of the trial Tribal Government Court and any appeals.
(b) The Tribal Government may discipline or remove a Government Member, must convey with the Head Chief to approve vote of at least three (3) members of the Tribal Government, for:
(1) Converting tribal Government property or monies for personal use;
(2) Failing to attend four (4) regular or special meetings consecutively without good cause;
(3) Final conviction of three misdemeanours by any tribal Government court while serving on the Tribal Government;

Section 2. Vacancies.

(a) If a Tribal Government Member should die, resign, or be removed or recalled from office, the Tribal Government shall declare the position vacant. The Tribal Government shall fill a vacancy by special election unless less than six (6) months remain in the term, in which case the Tribal Government shall leave the position vacant. The person who fills a vacant position shall only serve out the term of the person whom he or she is replacing.
(b) All resignations from the Head Chief Tribal Government shall be done in By application.

ARTICLE X - LAND

The lands of the Mendocino Indian Reservation, as defined by the 1856 Land Survey Department of Interior Stamped & Verified in 1908, constitute the permanent, inalienable homeland of the Mendocino California Tribal Nations. The Head Chief Tribal Government shall protect these lands from alienation and have authority to establish land policies in accordance with this constitution.

ARTICLE XI - SOVEREIGN INSTRUMENTS

Section 1. Chief Ordinances.
Section 2. Chief Decrees.

ARTICLE XII - SOVEREIGN IMMUNITY

Head Chief Tribal Government shall be immune from suit except to the extent that the Head Chief and Tribal Government expressly waives the Tribal Government sovereign immunity, as provided by this constitution.

ARTICLE XIII - BILL OF RIGHTS

Head Chief Tribal Government, in exercising its powers of self-government shall protect both individual rights and inherent cultural-spiritual rights:

Section 1. Individual Liberties.

(a) make or enforce any law prohibiting the free exercise of religion, speech, press, or the right to peaceably assemble.
(b) Have the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures.
(c) Shall not subject any person for the same offense to be twice put in jeopardy.
(d) Shall not compel any person in any criminal case to be a witness against himself;
(e) take any property without just cause.
(f) Shall not deny to any person in a criminal proceeding the right to a speedy trial, to be informed of the nature and cause of the accusation, to be confronted with witnesses, and to have compulsory process for obtaining witnesses.

Section 2. Inherent Cultural-Spiritual Rights.

These rights are inherent to our people, bestowed by the Creator, and precede all external authority:

(a) Right of The Warrior - To defend our people, territory, and way of life
(b) Right of The Spiritual Warrior - To practice our spirituality and protect sacred knowledge
(c) Right of The Familiars - To preserve family integrity and cultural transmission
(d) Right of Land Stewardship - To access, use, and protect ancestral lands
(e) Right of Cultural Continuity - To practice our language, ceremonies, and traditional ways

Section 3. Rights Relationship.

The cultural-spiritual rights in Section 2 are inherent and pre-existing, while the individual rights in Section 1 are recognized and protected by this government. In any conflict, cultural-spiritual rights shall prevail as they derive from our relationship with the Creator.

ARTICLE XIV - GENERAL MEETINGS

The Tribal Government shall call at least one (1) general meeting per year of all the eligible voters of the Tribal Government to identify and discuss important tribal Government matters.

ARTICLE XV - AMENDMENTS

This constitution may be amended by majority vote of qualified voters in an election called by the Tribal Government. Proposed amendments must be published for tribal review at least 60 days before any election and require certification by the Head Chief.

ARTICLE XVI - SAVINGS CLAUSE

1360 (b) All enactments of the Head Chief's effective date of this constitution shall continue in full force.
Established 1542/ U.S. Effective Date 1856 Mendocino Indian Reservation

ARTICLE XVII - ADOPTION OF CONSTITUTION

This constitution, enacted by Tribal Federal Contractor to Head Chief of the registered of Mendocino Indian Reservation, Tribal Government, in accordance with Head Chief Tribal Government Constitutions, shall be amended Tribal Government members to operation of law, shall be effective from the date of such approval. Date: May 2020 Tribal Government Members of Mendocino Indian Reservation.

ARTICLE XVIII - ECONOMIC SOVEREIGNTY AND HEMP PROTECTIONS

Section 1. Economic Self-Determination.

The Mendocino California Tribal Nations shall exercise exclusive authority over all economic development, agriculture, and commerce within its territory, including but not limited to the cultivation, processing, manufacturing, and sale of hemp and hemp-derived products.

Section 2. Hemp Sovereignty Under 1856 Treaty.

Pursuant to the Treaty of 1856 establishing the Geoligical Survey of Mendocino Indian Reservation, which explicitly acknowledged and protected tribal hemp cultivation and trade as essential to tribal economy, the Mendocino California Tribal Nations hereby exercises its treaty-reserved rights to regulate all aspects of hemp production, processing, and commerce. This treaty right predates and supersedes any conflicting federal regulation.

Section 3. Tribal Hemp & Cannabis Program Enactment.

The Tribal Government shall establish and maintain a Tribal Hemp & Cannabis Program pursuant to Ordinance No. 2025-HEMP, which sets standards for cultivation, testing, and product safety. This program operationalizes the hemp rights reserved under the 1856 Treaty and shall not be superseded by external regulatory authority.

Section 4. Commerce Protection Under Historical Trade Rights.

Consistent with historical trade patterns acknowledged in the 1856 Treaty and preceding trade agreements, the Mendocino California Tribal Nations shall have the authority to engage in interstate and international commerce of hemp and hemp products, and to enter into trade agreements with other sovereign nations and states.

Section 5. Treaty Rights Reinstatement.

This Article reinstates and protects the Tribe's treaty-reserved rights regarding hemp cultivation and trade as established in the 1856 Mendocino Indian Reservation Treaty. These rights were never extinguished and are protected under the doctrine of reserved rights and the canons of treaty construction.

ARTICLE XIX - LEGAL DEFINITIONS

Section 1. Organizational Terms.
Section 2. Sovereign Terms.
Section 3. Economic Terms.
Section 4. Cultural-Spiritual Terms.
Section 5. Hemp and Cannabis Terms.

ARTICLE XX - REVISION HISTORY

November 29, 2025 Revisions:

DECREED Sovereignty Interpretation Clause as foundational constitutional principle - Citing Worcester v. Georgia, 31 U.S. (6 Pet.) 515 (1832) to establish inherent sovereignty foundation predating the United States

AFFIRMED Sovereignty Declaration into Article I, Section 3 - Citing United States v. Wheeler, 435 U.S. 313 (1978) confirming tribal powers are inherent, not delegated

RECTIFIED 25 C.F.R. § 11.201(b) citation for regulatory accuracy - Updated from "Final Role" to "Final Rule" to reflect proper federal rulemaking terminology

ESTABLISHED Judicial tenure provisions in Article VI, Section 3 - Reformed from life appointment to six-year renewable term to ensure judicial accountability while maintaining independence

DECLARED permanent inalienable homeland in Article X - Affirmed tribal lands as permanent and inalienable, citing original 1856 Mendocino Reservation boundaries and Johnson v. M'Intosh, 21 U.S. (8 Wheat.) 543 (1823) on aboriginal title

INSTITUTED sovereign-controlled amendment process in Article XV - Created constitutional amendment procedure eliminating external dependencies

ASSERTED Economic Sovereignty Protections as Article XVIII - Affirmed tribal hemp sovereignty under 1856 Treaty rights to secure economic self-determination and protect against federal interference with traditional tribal commerce

DEFINED Legal Framework as Article XIX - Comprehensive definitions including Organizational, Sovereign, Economic, Cultural-Spiritual, and Hemp/Cannabis terms to control constitutional interpretation and prevent federal misconstruction of sovereign and economic terms

RECORDED Revision History as Article XX - Implemented constitutional documentation standards for legislative transparency and historical record

RECOGNIZED inherent cultural-spiritual rights in Article XIII - Integrated inherent cultural-spiritual rights (Warrior, Spiritual Warrior, Familiars) with protected individual liberties, establishing cultural rights as pre-existing and supreme

Chief Geronimo Thomas Langenderfer
Head Chief

Tribal Government President

Tribal Government Vice President