The citizens of the Eastern Band of Cherokee Indians, in exercising the powers of self-government shall be protected as follows:
- Basic Freedoms. The Tribe shall not make or enforce any law which infringes upon religious beliefs or prohibits the free exercise thereof, nor any law which establishes any religion or prefers one over any other, make or enforce any law prohibiting the freedom of speech or of the press, or the right of the people to peaceably assemble, and to petition for redress of grievances;
- Firearms. The Tribe shall not pass any law infringing upon the right of the people to own and use firearms inconsistent with the Second Amendment to the United States Constitution;
- Personal Protection. The Tribe shall not pass any laws targeting a specific person or group of people to bypass due process, bill of attainder; or pass any laws to be applied after the fact, ex post facto;
- Search & Seizure. The Tribe shall ensure that any person accused of an offense be informed of the nature and cause of the accusation, be confronted with the witnesses against him or her, have compulsory process for obtaining witnesses in his or her favor, and have the assistance of counsel for his or her defense, whose fees may be reimbursed by the defendant as provided by law if convicted, and to have these rights explained at the time of arrest or accusation;
- Criminal Trials. The Tribe shall not compel any person in any criminal case to be a witness against him or herself, nor subject any person for the same offense to be twice put in jeopardy, nor deny to any such person the right to a speedy and public trial, and due process of law. The Tribe shall ensure that any person accused of an offense be informed of the nature and cause of the accusation, be confronted with the witnesses against him or her, have compulsory process for obtaining witnesses in his or her favor, and have the assistance of counsel for his or her defense, whose fees may be reimbursed by the defendant as provided by law if convicted, and to have these rights explained at the time of arrest or accusation;
- Jury Trial. The Tribe shall not deny to any person accused of an offense punishable by imprisonment the right, upon request, to a trial by jury of not less than six persons, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the Eastern Band of the Cherokee Indians;
- Bail and Punishment. The Tribe shall not require excessive bail, impose excessive fines, nor inflict cruel and unusual punishments;
- Equal Protection. The Tribe shall not deny to any person the equal protection of its laws or deprive any person of life, liberty, personal property or a possessory interest in real property without due process of law;
- Voting. The Tribe shall not deny the right to vote to any citizen of the Tribe who has attained the age of eighteen (18) years or older;
- Education. The Tribe shall establish, provide for, and perpetuate an educational system that promotes, at a minimum the preservation of the Cherokee language and culture;
- Reserved Powers. Powers not granted to the Tribal government shall be reserved to the People.
(January 2022 draft + commentary to view the corresponding explanation.)