Form of Government
The governmental form of the Citizen Potawatomi Nation is based on the Tribal Constitution as approved in 1985 and amended in August 2007. Governmental powers are defined in separate sections of the Constitution, which provides for a separation of powers among the Citizen Potawatomi Nation Indian Council, the Executive Officers, the Legislature, the Judicial Branches of the Tribal Government, and the Election Committee.

Citizen Potawatomi Nation Indian Council
Article 5 defines the Citizen Potawatomi Nation Indian Council as all enrolled tribal members over 18 years of age.  It speaks and acts only by referendum or ballot. Article 5 defines the powers of the Citizen Potawatomi Nation Indian Council as limited to claims and treaties with the United States and some controls over trust funds and trust land. No trust funds can be spent or trust land sold without approval of the Council. No claim against the United States can be pursued without the approval of the Council.  There is a constitutionally mandated annual meeting of the Council.

Executive Officers
Article 6, Section 2 of the Tribal Constitution grants the Tribal Chairman managerial powers over the tribal government and its businesses through the phrase: “The Chairman shall have general supervision of the affairs of the Council and of the Business Committee.” More importantly, Article 6 does not limit the manner in which the Executive Officer speaks and acts for the tribe in the manner it limits the Business Committee to speaking and acting by resolution or ordinance only.  This clearly determines that the day to day operations of the tribe and its businesses were intended by the framers of the Constitution to be managed by the Tribal Chairman or his designate to whom he delegates Executive authority. 

Executive Officer authority beyond simply presiding over meetings of the Business Committee was clarified in Supreme Court Case 01 – 01.  This case dealt squarely with the issue of separation of powers when the Business Committee sought to limit the ability of the Chairman to act for the tribe by purporting to hire and fire a manager for the tribal affairs and was prohibited by the Tribal Court on Constitutional grounds.

 The Vice Chairman acts for the Chairman in his absence and undertakes such other duties as are assigned by the Chairman. 

The Secretary/Treasurer has specific duties over monies and records of the Citizen Potawatomi Nation Indian Council, maintaining a tribal roll and custody of the records of the Council.  He acts as the authenticating signature on acts of the Council and issues notices of meetings of the Council or Business Committee as directed by the Business Committee or the Council.  In the absence of the Chairman or Vice-Chairman he can call a meeting of the Council and chair it until a Chairman pro-tem is selected by the Council. In practice, but not by Constitutionally delegated powers, he also acts as the authenticating signature on resolutions and ordinances of the Business Committee.

Legislature
The August 2007 constitutional revision created a 16-member Legislature to replace the former five-member Business Committee. The five members of the Business Committee were grandfathered into membership in the legislature, filling five of the eight Oklahoma-based legislative seats.

The remaining three Oklahoma-based seats and eight seats in districts spread over the remaining 49 states were filled in elections in late 2007 and early 2008. A map outlining the boundaries of these eight legislative districts can be seen here. 

The Legislature speaks and acts as the legislative branch of the tribal government. It has all general powers not delegated by the Tribal Constitution to other entities. The Tribal Constitution limits the ability of the Legislature to speak and act on behalf of the tribe except by resolution or ordinance, thereby preserving the power of the Executive Officers to manage day-to-day affairs of the tribe.  The ability to appropriate tribal funds, create tribal employment positions or departments, or contract on behalf of the tribe are powers reserved only to the Legislature. The authority to hire legal counsel for the tribe is reserved to the Legislature.

Thirteen legislators and the three Executive Officers constitute the Legislature.

Tribal Court
The power of the Tribal Court is vested in the Supreme Court and such inferior courts as are established by Tribal law.  The Business Committee established the District Court consisting of three District Judges, a Court Clerk, a Marshall, and Special Magistrate powers for the Tribal Chairman for the purpose of tribal weddings only.  This Special Magistrate authority makes traditional weddings performed by the Tribal Chairman valid under civil statute within the territorial boundaries of the United States.

The seven Supreme Court Justices and the three District Judges are elected for six year terms and operate under a budget appropriated by the Business Committee and administered by the Chief District Judge as Court Administrator.  The Court Clerk’s Office and the Tribal Prosecutor operate under the authority and budget of the Tribal Court. The Tribal Police and the Tribal Attorney General function through the supervision of the Tribal Chairman under Article 6, Section 2:” ….,and the Chairman shall see that the laws of the Tribe are faithfully enforced.” Additional Court functions that are organized under and supervised by the Tribal Chairman include the Indian Child Welfare Department  and Family Protection Services.

The Tribal Courts have personal jurisdiction over all members of the Tribe.  This jurisdiction extends to anywhere any member is located and includes both misdemeanor criminal jurisdiction and civil jurisdiction.

The Supreme Court has original jurisdiction to declare acts of the Business Committee unconstitutional or prohibited by federal statute, and to declare such acts void and issue injunctive relief against the Business Committee without its consent.

The Supreme Court has original jurisdiction in such cases as may be provided by law, and appellate jurisdiction in all cases.

Election Committee
The Election Committee has powers to conduct elections, as delegated by the Tribal Constitution and codified  within the Election Ordinance.  Election Committee members are appointed by the Business Committee, and function under a budget appropriated by the Business Committee.