Keys to Native Nation Building

1

• Keys to Native Nation Building

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IS THERE A NATIVE AMERICA?
DIMENSIONS OF DIVERSITY

• Size Geography and Population
• Location Urban v. Rural
• History
• Social Economic Conditions
• Gaming v. Non-Gaming
• Agriculture, Tourism, Manufacturing, Subsistence
• Culture Historic and Contemporary
• Language
• Religion and Ceremony
• Arts
• Social Relations
• Governmental Form

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BUT WITH COMMON CHALLENGES

• Political Self-Determination
• Defending and Expanding Sovereignty
• Exercising Powers of Self-Rule
• Social and Cultural Self-Determination
• Continuity of Shared Identity
• Collective Commitment to the Nation
• Economic, Social, and Cultural Well-Being
• Reversing the Centuries of Deficits
• A Place Where People Can and Want to Live

The Challenge is Nation Building
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NATION BUILDING

• Definition
• The enhanced capacity of indigenous nations to
  realize their own cultural, educational,
  economic, environmental, and political objectives
  through foundational actions of their own design
  and initiation.

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SUCCESSFUL NATIVE NATION BUILDING THE COMMON
PATTERN

• The Sovereignty Attitude
• Capable Institutions
• Cultural Match
• ..and

• Leadership

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KEYS TO NATION BUILDINGIN INDIAN COUNTRY

• Indian Nations That Are Successful on Their Own
  Terms
• Use Strong Leadership to
• Assert the Right to Govern Themselves and
• Exercise That Right Effectively
• By Building Capable Governing Institutions
• That Match Their Cultures.

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• What Constitutes Citizenship?
• The Case of Upper Sioux

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CASE SIMULATIONUPPER SIOUX CITIZENSHIP

• Small Tribe, SW Minnesota
• lt1000 Acres, lt1000 Members
• Successful Casino
• Every Upper Sioux Also a Member of Another Tribe
• Chair Helen Blue-Redner Seeks Constitutional
  Reform
• Sees Lack of Loyalty Dedication to Upper Sioux
• Per Capita Payments Other Benefits Rising
  Membership
• Constitutional Reform Options
• Require Relinquishment of Citizenship in Any
  Other Tribe
• Tight, Enforced Residency Requirement w/in 5
  Miles of Res
• No Per Capita to Dual Enrollees and/or
  Non-Resident Members

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Elements/Sources of Individual and Social Identity

• Language
• Property Owner
• Commitment /-
• Shared history
• Political Views
• Political Connections
• Race/Blood Quantum
• Descendency
• Cultural Values

• Residency
• Family ties
• /- Economic Contribution
• Achievement
• Status of Kin
• Education
• Friendships

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• Strategies of Nation Building
• Darrin Old Coyote
• Vice-Secretary of the Crow Nation

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Sand and Gravel Resource Areas
Bentonite Resource Areas
Coal Resource Areas
CBM Areas
Oil and Gas
Limestone Resource Areas
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Coal Resource Areas
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Oil and Gas, CBM
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• Legal and Policy Foundations
• of Tribal Sovereignty

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FORMS OF TRIBAL SOVEREIGNTY

• Sovereignty as Self-Rule
• De Jureby Law
• De Factoin Practice
• De Rectoby Moral Right

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ORIGINS OF TRIBAL SOVEREIGNTY

• Pre-Contact Proto-Nationhood in North America
• The Colonial Period
• British v. Spanish and French Experience
• Conflicts and Alliances
• Early U.S. State-Tribal and Federal Tribal
  Relations
• Alliances and Power Balances
• The Founders and the Iroquois Confederacy
• The U.S. Constitution

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THE EBB AND FLOW OF TRIBAL SOVEREIGNTY IN THE
UNITED STATES
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TRIBAL SOVEREIGNTY ANDTHE U.S. CONSTITUTION

• Article I, Section 8, Clause 3 The Congress
  shall have Power To regulate Commerce with
  foreign Nations, and among the several States,
  and with the Indian Tribes
• Article I, Section 2, Clause 3 Representatives
  and direct Taxes shall be apportioned among the
  several States which may be included within this
  Union, according to their respective Numbers,
  which shall be determined by adding to the whole
  Number of free Persons, including those bound to
  Service for a Term of Years, and excluding
  Indians not taxed
• Article I, Section 8, Clause 18 To make all Laws
  which shall be necessary and proper for carrying
  into Execution the foregoing Powers, and all
  other Powers vested by this Constitution in the
  Government of the United States, or in any
  Department or Officer thereof.

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THE FORMATION OFFEDERAL INDIAN POLICY

• Trade and Intercourse Act, 1790 (Permit Required
  for Trade with Tribes)
• Cherokee Nation v. Georgia, 1831 (Tribes Not
  Foreign Nations, but Domestic Dependent
  Nations)
• Worcester v. Georgia, 1832 (Federal law supreme
  tribes are distinct, independent political
  communities retainingoriginal natural rights)
• Jackson Removal Act, 1830 (Attempt to remove
  tribes to the western territories)
• U.S. v. Kagama, 1886 (Federal Government is as a
  guardian to a ward)
• Allotment Act, 1887 (Allotment of reservation
  lands to individual Indians sale of surplus
  lands)

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VASCILATING FEDERAL POLICYSELF-DETERMINATION OR
TERMINATION?

• Indian Reorganization Act, 1934 (Repeal of
  Allotment Constitutional Tribal Governments)
• Termination Policy, 1953 (Official Policy to
  Terminate Disband Tribes 100 Terminated)
• Indian Civil Rights Act, 1968 (Apply U.S. Bill of
  Rights to Tribes, Except Religious
  Non-Establishment, Voting Based on Race Review
  by Tribal Courts)
• Nixon Self-Determination Policy, 1970 (Reverses
  Policy of Termination)
• Indian Self-Determination and Education Act, 1975
  (Tribal Take-Over of Federal Programs)
• Clinton Government-to-Government Executive Order,
  1998 (Tribal Consultation, Easier Waivers of
  Federal Statutes and Regulations).

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RECENT EVOLUTION OF TRIBAL SOVEREIGNTY

• Oliphant v. Suquamish Tribe, 1978 (Tribes Lack
  Jurisdiction over Non-Indians)
• California v. Cabazon, 1987 (States Lack
  Jurisdiction over Tribal Government Gaming)
• Brendale v. Yakima Nation, 1989 (Tribes Lack
  Jurisdiction over Non-Indian Lands on Res)
• Atkinson Trading Co. v. Shirley, 2001 (Tribes
  Cant Tax Non-Indian On-Res Land Owners)
• Nevada v. Hicks, 2001 (Tribes Lack Jurisdiction
  over Non-Indian Law Enforcement on Res)

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TAX STATUS OF INDIANS
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SOURCES OF TRIBES SOVEREIGNTY

• American Indians were conquered and lost their
  sovereignty.
• There cant be multiple sovereigns in the same
  geographic area.
• Tribal sovereignty means special rights for
  Indians.
• Indian rights of sovereignty are race-based.

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THE STATE OF TRIBES SOVEREIGNTY

• Tribes arent really nations theyre more like
  clubs.
• The treaties are out-of-date anachronisms.
• Even if Indians originally had rights of
  self-rule, there are no authentic Indians left.
• The U.S. is anti-sovereignty.

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CONSEQUENCES OF TRIBES SOVEREIGNTY

• Tribes may be sovereign, but their sovereignty
  produces lawlessness.
• Sovereignty is a shibboleth. Reservations are
  just welfare states funded by the federal
  government.