DELEGATE KATHERINE BENALLY: Court shud not overrule Referendum

NAVAJO NATION COUNCIL CONTINUES DEBATING THE STRENGTHENING OF REFERENDUMS. Delegate Katherine Benally just pointed out that there is a section in Delegate Jonathan Nez’s proposed legislation that allows the tribal court to over-rule a referendum.

Individual votes, if referendum become law then it gives ability for court to render decision on that particular legislation. I do’t like that. It’s not right to give opportunity to Court to over-ride people. If refer langauge to the people, section 409, 2: give it to the people. Let them vote on that.

WIth REspect to page 2, if talk about giving power back to people, then remove and put to people. This “savings clause” doesn’t belong in there; court shouldn’t be allowed to over-rule people’s vote.

We shouldn’t support.

What I am asking is similar to page 2 which allows Court to overrule referendum. It should be that Council can override referendum with 2/3 vote.

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