Tribal Constitutionalism

Tribal Constitutionalism

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  • Author: Kirsty Gover
  • Publisher: OUP Oxford
  • ISBN: 0199587094
  • Category : Law
  • Languages : en
  • Pages : 300

Recognized tribes are increasingly prominent players in settler state governance, but in the wide-ranging debates about tribal self-governance, little has been said about tribal self-constitution. Who are the members of tribes, and how are they chosen? Tribes in Canada, Australia, New Zealand and the United States are now obliged to adopt written constitutions as a condition of recognition, and to specify the criteria used to select members. Tribal Constitutionalism presents findings from a comparative study of nearly eight hundred current and historic tribal constitutions, most of which are not in the public domain. Kirsty Gover examines the strategies adopted by tribes and states to deal with the new legal distinction between indigenous people (defined by settler governments) and tribal members (defined by tribal governments). She highlights the important fact that the two categories are imperfectly aligned. Many indigenous persons are not tribal members, and some tribal members are not legally indigenous. Should legal indigenous status be limited to persons enrolled in recognized tribes? What is to be done about the large and growing proportion of indigenous peoples who are not enrolled in a tribe, and do not live near their tribal territories? This book approaches these complex questions head-on. Using tribal membership criteria as a starting point, this book provides a critical analysis of current political and sociolegal theories of tribalism and indigeneity, and draws on legal doctrine, policy, demographic data and tribal practice to provide a comparative evaluation of tribal membership governance in the western settler states.


On the Drafting of Tribal Constitutions

On the Drafting of Tribal Constitutions

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  • Author: Felix S. Cohen
  • Publisher: University of Oklahoma Press
  • ISBN: 9780806138060
  • Category : History
  • Languages : en
  • Pages : 248

Felix Cohen (1907–1953) was a leading architect of the Indian New Deal and steadfast champion of American Indian rights. Appointed to the Department of the Interior in 1933, he helped draft the Indian Reorganization Act (1934) and chaired a committee charged with assisting tribes in organizing their governments. His “Basic Memorandum on Drafting of Tribal Constitutions,” submitted in November 1934, provided practical guidelines for that effort.


Claiming Turtle Mountain's Constitution

Claiming Turtle Mountain's Constitution

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  • Author: Keith Richotte Jr.
  • Publisher: UNC Press Books
  • ISBN: 146963452X
  • Category : History
  • Languages : en
  • Pages : 305

In an auditorium in Belcourt, North Dakota, on a chilly October day in 1932, Robert Bruce and his fellow tribal citizens held the political fate of the Turtle Mountain Band of Chippewa Indians in their hands. Bruce, and the others, had been asked to adopt a tribal constitution, but he was unhappy with the document, as it limited tribal governmental authority. However, white authorities told the tribal nation that the proposed constitution was a necessary step in bringing a lawsuit against the federal government over a long-standing land dispute. Bruce's choice, and the choice of his fellow citizens, has shaped tribal governance on the reservation ever since that fateful day. In this book, Keith Richotte Jr. offers a critical examination of one tribal nation's decision to adopt a constitution. By asking why the citizens of Turtle Mountain voted to adopt the document despite perceived flaws, he confronts assumptions about how tribal constitutions came to be, reexamines the status of tribal governments in the present, and offers a fresh set of questions as we look to the future of governance in Native America and beyond.


Broken Landscape

Broken Landscape

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  • Author: Frank Pommersheim
  • Publisher: Oxford University Press on Demand
  • ISBN: 0195373065
  • Category : History
  • Languages : en
  • Pages : 425

Broken Landscape is a sweeping chronicle of Indian tribal sovereignty under the United States Constitution and the way that legal analysis and practice have interpreted and misinterpreted tribal sovereignty since the nation's founding. As the book demonstrates, the federal government has repeatedly failed to respect the Constitution's recognition of tribal sovereignty. Instead, it has favored excessive, unaccountable authority in its dealings with tribes. Frank Pommersheim offers a novel and deeply researched synthesis of this legal history from colonial times to the present, confronting the failures of constitutional analysis in contemporary Indian law jurisprudence. Closing with a proposal for a Constitutional amendment that would reaffirm tribal sovereignty, Pommersheim challenges us to finally accord Indian tribes and Indian people the respect and dignity that are their due.


Tribes, Treaties, and Constitutional Tribulations

Tribes, Treaties, and Constitutional Tribulations

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  • Author: Vine Deloria
  • Publisher: University of Texas Press
  • ISBN: 0292789459
  • Category : Social Science
  • Languages : en
  • Pages : 244

"Federal Indian law . . . is a loosely related collection of past and present acts of Congress, treaties and agreements, executive orders, administrative rulings, and judicial opinions, connected only by the fact that law in some form has been applied haphazardly to American Indians over the course of several centuries. . . . Indians in their tribal relation and Indian tribes in their relation to the federal government hang suspended in a legal wonderland." In this book, two prominent scholars of American Indian law and politics undertake a full historical examination of the relationship between Indians and the United States Constitution that explains the present state of confusion and inconsistent application in U.S. Indian law. The authors examine all sections of the Constitution that explicitly and implicitly apply to Indians and discuss how they have been interpreted and applied from the early republic up to the present. They convincingly argue that the Constitution does not provide any legal rights for American Indians and that the treaty-making process should govern relations between Indian nations and the federal government.


American Indian Constitutional Reform and the Rebuilding of Native Nations

American Indian Constitutional Reform and the Rebuilding of Native Nations

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  • Author: Eric D. Lemont
  • Publisher: University of Texas Press
  • ISBN: 0292778074
  • Category : Social Science
  • Languages : en
  • Pages : 361

Since 1975, when the U.S. government adopted a policy of self-determination for American Indian nations, a large number of the 562 federally recognized nations have seized the opportunity to govern themselves and determine their own economic, political, and cultural futures. As a first and crucial step in this process, many nations are revising constitutions originally developed by the U.S. government to create governmental structures more attuned to native people's unique cultural and political values. These new constitutions and the governing institutions they create are fostering greater governmental stability and accountability, increasing citizen support of government, and providing a firmer foundation for economic and political development. This book brings together for the first time the writings of tribal reform leaders, academics, and legal practitioners to offer a comprehensive overview of American Indian nations' constitutional reform processes and the rebuilding of native nations. The book is organized in three sections. The first part investigates the historical, cultural, economic, and political motivations behind American Indian nations' recent reform efforts. The second part examines the most significant areas of reform, including criteria for tribal membership/citizenship and the reform of governmental institutions. The book concludes with a discussion of how American Indian nations are navigating the process of reform, including overcoming the politics of reform, maximizing citizen participation, and developing short-term and long-term programs of civic education.


Tribal Constitution Handbook

Tribal Constitution Handbook

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  • Author: Mark C. Tilden
  • Publisher:
  • ISBN: 9780979409905
  • Category : Constitutional law
  • Languages : en
  • Pages : 418

"This Practical Guide is intended to guide the user through a number of considerations when writing or revising a tribal constitution in order to foster and generate ideas on the kinds of mechanisms that may work for the particular tribe's governance structure." - Introduction (p. 2)


American Indians, Time, and the Law

American Indians, Time, and the Law

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  • Author: Charles F. Wilkinson
  • Publisher: Yale University Press
  • ISBN: 9780300153347
  • Category : History
  • Languages : en
  • Pages : 244

In 1959, the Supreme Court ushered in a new era of Indian law, which recognizes Indian tribes as permanent governments within the federal constitutional system and, on the whole, honors old promises to the Indians. Drawing together historical sources such as the records of treaty negotiations with the Indians, classic political theory on the nature of sovereignty, and anthropological studies of societal change, Wilkinson evaluates the Court's work in Indian law over the past twenty five years and considers the effects of time on law.


Shadow Nations

Shadow Nations

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  • Author: Bruce Duthu
  • Publisher: Oxford University Press
  • ISBN: 019987610X
  • Category : Law
  • Languages : en
  • Pages : 208

American Indian tribes have long been recognized as "domestic, dependent nations" within the United States, with powers of self-government that operate within the tribes' sovereign territories. Yet over the years, Congress and the Supreme Court have steadily eroded these tribal powers. In some respects, the erosion of tribal powers reflects the legacy of an imperialist impulse to constrain or eliminate any political power that may compete with the state. These developments have moved the nation away from its early commitments to a legally plural society--in other words, the idea that multiple nations and their legal systems could co-exist peacefully in shared territories. Shadow Nations argues for redirecting the trajectory of tribal-federal relations to better reflect the formative ethos of legal pluralism that operated in the nation's earliest years. From an ideological standpoint, this means that we must reexamine several long-held commitments. One is to legal centralism, the view that the nation-state and its institutions are the only legitimate sources of law. Another is to liberalism, the dominant political philosophy that undergirds our democratic structures and situates the individual, not the group or a collective, as the bedrock moral unit of society. From a constitutional standpoint, establishing more robust expressions of tribal sovereignty will require that we take seriously the concerns of citizens, tribal and non-tribal alike, who demand that tribal governments operate consistently with basic constitutional values. From an institutional standpoint, these efforts will require a new, flexible and adaptable institutional architecture that is better suited to accommodating these competing interests. Argued with grace, humanity, and a peerless scholarly eye, Shadow Nations is a clarion call for a true and consequential rethinking of the legal and political relationship between Indigenous tribes and the United States government.


Constitutionalism

Constitutionalism

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  • Author: Charles Howard McIlwain
  • Publisher: The Lawbook Exchange, Ltd.
  • ISBN: 1584775505
  • Category : Constitutional history
  • Languages : en
  • Pages : 172

Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.