🏛️Native American Tribal Governments Unit 1 – Native American Tribal Governments: Intro

Key Concepts and Definitions

• Tribal sovereignty refers to the inherent authority of Indigenous tribes to govern themselves within the borders of the United States
• Federally recognized tribes are sovereign entities with a government-to-government relationship with the U.S. federal government
  • As of 2021, there are 574 federally recognized tribes in the United States
• Self-determination is the principle that Indigenous peoples have the right to freely determine their political status and pursue their economic, social, and cultural development
• Treaties are formal agreements between sovereign nations that establish the rights, responsibilities, and relationships between the parties involved
  • Between 1778 and 1871, the U.S. government entered into more than 500 treaties with Native American tribes
• Tribal citizenship is determined by each tribe and can be based on factors such as blood quantum, lineal descent, or tribal residency
• Tribal jurisdiction refers to the authority of tribal governments to make and enforce laws within their territories

Historical Context

• Prior to European colonization, Indigenous tribes across North America had diverse forms of governance, social structures, and cultural practices
• The arrival of European settlers led to significant changes in Indigenous societies, including loss of land, population decline due to disease and violence, and forced assimilation policies
• The Indian Removal Act of 1830 authorized the U.S. government to relocate Native American tribes from their ancestral lands to designated areas west of the Mississippi River (Trail of Tears)
• The General Allotment Act of 1887, also known as the Dawes Act, divided tribal lands into individual allotments, leading to significant land loss and the erosion of tribal sovereignty
• The Indian Reorganization Act of 1934 aimed to restore some aspects of tribal self-governance and encourage the development of tribal constitutions and governments
• The termination era of the 1950s and 1960s saw the U.S. government attempt to end its trust relationship with many tribes, leading to the loss of federal recognition and resources
  • Over 100 tribes were terminated during this period, affecting more than 12,000 Native Americans
• The self-determination era, beginning in the 1970s, marked a shift towards greater tribal autonomy and the restoration of tribal sovereignty

Structure of Tribal Governments

• Tribal governments are diverse in their structure and organization, reflecting the unique histories, cultures, and needs of each tribe
• Many tribal governments are organized under the Indian Reorganization Act (IRA) of 1934, which encouraged tribes to adopt constitutions and establish elected tribal councils
• Tribal councils are often the primary governing body, responsible for making laws, managing resources, and representing the tribe in external affairs
  • Council members are typically elected by tribal citizens and serve specific terms
• Some tribes have executive branches led by elected or appointed tribal chairpersons, presidents, or governors who oversee the implementation of tribal laws and policies
• Tribal courts play a crucial role in enforcing tribal laws, resolving disputes, and maintaining order within tribal communities
  • Tribal courts may have jurisdiction over civil, criminal, and family matters involving tribal citizens
• Traditional forms of governance, such as hereditary chieftainships or consensus-based decision-making, continue to play a role in some tribal communities alongside contemporary government structures

Sovereignty and Self-Determination

• Tribal sovereignty is an inherent right of Indigenous tribes, predating the formation of the United States
• The U.S. Constitution recognizes tribal sovereignty through the Commerce Clause, which grants Congress the authority to regulate commerce with foreign nations, states, and Indian tribes
• Tribal sovereignty allows tribes to govern their own affairs, including the power to determine membership, establish laws, and manage resources within their territories
• The principle of self-determination, as affirmed by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), emphasizes the right of Indigenous peoples to freely determine their political status and pursue their economic, social, and cultural development
• Tribal self-determination policies in the United States, such as the Indian Self-Determination and Education Assistance Act of 1975, have aimed to increase tribal control over federal programs and services
• The exercise of tribal sovereignty and self-determination has led to the development of tribal enterprises, such as gaming operations, natural resource management, and cultural tourism, which contribute to economic development and self-sufficiency

Legal Framework and Treaties

• The legal framework governing the relationship between the U.S. federal government and Native American tribes is based on the U.S. Constitution, treaties, federal laws, and court decisions
• The U.S. Constitution, particularly the Commerce Clause and the Treaty Clause, recognizes tribal sovereignty and the government-to-government relationship between the federal government and tribes
• Treaties between the U.S. government and Native American tribes are considered the "supreme law of the land" under the U.S. Constitution
  • These treaties often established the boundaries of tribal lands, hunting and fishing rights, and the obligations of the federal government to provide services and protection to tribal nations
• The trust responsibility is a legal obligation of the federal government to protect tribal lands, resources, and the well-being of tribal citizens, arising from treaties and the unique relationship between the U.S. and tribes
• Federal laws, such as the Indian Gaming Regulatory Act (IGRA) of 1988 and the Native American Graves Protection and Repatriation Act (NAGPRA) of 1990, address specific issues related to tribal sovereignty and cultural heritage
• Supreme Court decisions, such as Worcester v. Georgia (1832) and United States v. Winans (1905), have affirmed tribal sovereignty and treaty rights, while others, like Oliphant v. Suquamish Indian Tribe (1978), have limited tribal jurisdiction over non-Indians

Contemporary Challenges and Issues

• Many Native American tribes continue to face significant socioeconomic disparities, including higher rates of poverty, unemployment, and health issues compared to the general U.S. population
• Tribal communities often struggle with inadequate infrastructure, including housing, healthcare facilities, and educational resources
• The legacy of historical trauma, resulting from centuries of colonization, forced assimilation, and systemic discrimination, continues to impact the well-being of Native American individuals and communities
• Tribal sovereignty and self-determination are often challenged by federal and state governments, particularly in areas such as land rights, natural resource management, and taxation
• Climate change poses significant threats to tribal communities, particularly those that rely on traditional subsistence practices or live in areas vulnerable to sea-level rise, drought, or extreme weather events
• Efforts to revitalize and preserve Indigenous languages, cultural practices, and traditional knowledge are ongoing, as many tribes work to maintain their unique identities in the face of assimilation pressures
  • According to UNESCO, approximately 150 Native American languages are still spoken in the United States, many of which are considered endangered

Cultural Significance

• Native American tribal governments play a crucial role in preserving and promoting the unique cultural identities, traditions, and values of their communities
• Tribal sovereignty enables tribes to protect sacred sites, cultural resources, and traditional practices that are essential to their spiritual, social, and economic well-being
  • For example, the Navajo Nation has established the Navajo Nation Historic Preservation Department to safeguard and manage cultural resources within its territory
• Tribal governments often support cultural events, such as powwows, ceremonies, and festivals, which serve to strengthen community bonds and pass on cultural knowledge to younger generations
• Language revitalization programs, often supported by tribal governments, aim to preserve and teach Indigenous languages to new generations of speakers
  • The Cherokee Nation, for instance, has established a comprehensive Cherokee language program, including immersion schools and adult language classes
• Tribal museums, cultural centers, and archives, frequently operated by tribal governments, serve to collect, preserve, and interpret the history, art, and cultural heritage of Native American communities
• The exercise of tribal sovereignty in cultural matters, such as the repatriation of ancestral remains and sacred objects under NAGPRA, helps to restore the dignity and cultural integrity of Native American tribes

Resources and Further Reading

• "American Indians and Alaska Natives - Tribal Governance" by the U.S. Department of the Interior, Indian Affairs provides an overview of tribal governance structures and the federal-tribal relationship
• "Tribal Nations and the United States: An Introduction" by the National Congress of American Indians (NCAI) offers a comprehensive introduction to the history, sovereignty, and contemporary issues facing Native American tribes
• "Like a Loaded Weapon: The Rehnquist Court, Indian Rights, and the Legal History of Racism in America" by Robert A. Williams Jr. examines the role of the Supreme Court in shaping federal Indian law and policy
• "The Rights of Indians and Tribes" by Stephen L. Pevar is a practical guide to Indian law and the legal rights of Native American tribes and individuals
• "Rebuilding Native Nations: Strategies for Governance and Development" edited by Miriam Jorgensen explores the challenges and opportunities facing Native American tribes in their pursuit of self-determination and economic development
• The Native American Rights Fund (NARF) website provides information on ongoing legal cases, policy issues, and advocacy efforts related to tribal sovereignty and Native American rights
• The National Indian Law Library (NILL) is a comprehensive online resource for Indian law materials, including tribal codes, court decisions, and legal research guides
• "Tribal Governance and Economic Enhancement Initiative" by the Bush Foundation supports tribal nations in Minnesota, North Dakota, and South Dakota in strengthening their governance systems and promoting economic development