WINDOW ROCK — Navajo Nation President Buu Nygren secured another major separation-of-powers victory after the Window Rock Judicial District Court permanently blocked two Navajo Nation Council resolutions that sought to place core Executive Branch responsibilities under Legislative Branch control.
In its Sept. 14 order, the Court permanently prohibited Speaker Crystalyne Curley, the Navajo Nation Council and their agents and employees from advancing Council Resolutions CJA-07-26 and CJA-09-26—or legislation seeking the same or similar results.
“This ruling is bigger than one president or one administration,” President Nygren said. “It preserves the authority of the Executive Branch for every Navajo president who follows me, while making clear that the Legislative Branch cannot give itself powers that belong to the Executive Branch. The separation of powers means more than keeping our branches distinct on paper – it means ensuring that neither branch can take control of the responsibilities the Navajo people entrusted to another.”
CJA-07-26 sought to alter the powers and duties of the Office of the President and Vice President, including its authority over senior Executive Branch personnel and the Navajo Nation Department of Justice. CJA-09-26 sought to restrict presidential appointment authority involving the Navajo Board of Education.
President Nygren vetoed both resolutions. Legislation was later introduced to override his vetoes.
The Court, however, found that Navajo Nation presidents have a legally protected interest in operating the Executive Branch without improper Legislative Branch interference. Citing Shirley v. Morgan, the Court emphasized that Navajo law prohibits the concentration of governmental power within a single branch.
The Court also recognized k’é as a guiding principle requiring the branches to work together for the benefit of the Navajo people.
“Let’s call this what it was – a power grab by Speaker Curley and the Council to place the Executive Branch under Legislative Branch control,” President Nygren said. “The Court stopped it. No speaker and no council have the authority to rewrite our government’s structure or seize powers the Navajo people entrusted to another branch. The Executive Branch belongs to the Navajo people – not to the Speaker, the Council or any one administration.”
The Court found that the resolutions would have substantially altered Executive Branch operations. They would have restricted senior personnel decisions, required political approval before entering legal settlements and interfered with the Navajo Nation Department of Justice’s ability to respond to major litigation.
The permanent injunction further bars the Council from placing the resolutions on an agenda, amending an agenda to include them, voting on them or otherwise advancing them. It also prohibits legislation seeking the same or similar results.
The ruling follows an August court decision permanently blocking legislation that sought to remove President Nygren and Vice President Richelle Montoya from office.
President Nygren said the latest ruling should end attempts to weaken the Executive Branch and allow both branches to return their attention to the Navajo people.
“We have spent too much time fighting over political power while our people are asking for water, homes, roads, public safety and basic services,” President Nygren said. “The Court has spoken. It reinforced what we already know from the Supreme Court’s decision in Shirley v. Morgan. I respect these decisions, and I call on the Council to respect these decisions as well.”
