American Indian Tribal Sovereignty

prepared by Glenda McCarthy Billings Public Schools Indian Education for All Instructional Coach 9-12

mccarthyg@billingsschools.org

Teaching Standards

Montana Social Studies Standards 2.4 (by 12th grade) Relate the concept of tribal sovereignty to the unique powers of tribal governments as they interact with local, state and federal governments.

Montana Common Core Standards: Literacy in History/Social StudiesDetermine the central ideas or information of a primary or secondary source; provide an accurate summary that makes clear the relationships among the key details and ideas.Determine the meaning of words and phrases as they are used in a text, including analyzing how an author uses and refines the meaning of a key term over the course of a text (e.g. how the use of "sovereignty" in official documents impacts political and legal relationships).Respond thoughtfully to diverse perspectives, with specific attention to culture; synthesize comments, claims, and evidence made on all sides of an issue; resolve contradictions when possible; and determine what additional information or research is required to deepen the investigation or complete the task.

Essential Understandings Regarding Montana IndiansEU 7 Sovereignty: Under the American legal system, Indian tribes have sovereign powers, separate and independent from the federal and state governments. However, the extent and breadth of tribal sovereignty is not the same for each tribe. EU 1: There is great diversity among the twelve tribal nations of Montana in their languages, cultures, histories and governments. Each Nation has a distinct and unique cultural heritage that contributes to modern Montana.

Suggested Learning Activities

Ask students to identify the reservations within Montana and list the tribes that lives on each. Let them look up or remind them of any they cannot recall.

Ask them to think about who makes laws for these areas and fill out the first box of their four square sheet. Share out some responses.

Students read definitions of “sovereignty” including Essential Understanding #7 and use these to complete a word map. Link to any earlier discussion or class work on the sovereignty of other nations, real or hypothetical.

Read and discuss “Montana Indians and Tribal Sovereignty Fast Facts”, or view the “Tribal Sovereignty” clip from TheRezWeLiveOn. Then students can fill out the second box of their four square sheet.

In small groups, students take one example of a current issue involving tribal sovereignty, read an article, research the issue further, complete a graphic organizer and report back to the class about the issue. See “Sovereignty Issues” file on BPS Indian Education for All website – Social Studies page.

Students fill in the third square of their four square sheet.

Guest speakers can present further authentic information and answer student questions. Following this students can complete their four square sheet.

Assessment

Formative assessment tasks: word map, four square activity, participation in class discussion and small group work (teachers may choose to give participation/completion points)

Summative assessment: Hopefully this inquiry will contribute ideas to research papers/class debates/mock congress bills.

Definitions

‘Sovereignty: freedom from external control, an autonomous state’Source: Merriam Webster’s Collegiate Dictionary

__________________________________________________________________________Essential Understanding 7: Under the American legal system, Indian tribes have sovereign powers, separate and independent from the federal and state governments. However, the extent and breadth of tribal sovereignty is not the same for each tribe.

BACKGROUND Before colonization, Indian tribes possessed complete sovereignty. However, given the governmental structure of the United States and the complex history of tribal-federal relations, tribes are now classified as domestic dependent nations. This means tribes have the power to define their own membership; structure and operate their tribal governments; regulate domestic relations; settle disputes; manage their property and resources; raise tax revenues; regulate businesses; and conduct relations with other governments. It also means that the federal government is obligated to protect tribal lands and resources; protect the tribe’s right to self-government; and provide social, medical, educational, and economic development services necessary for the survival and advancement of tribes. (Echohawk)

A very important but often unappreciated point is that tribal sovereignty does not arise out of the United States government, congressional acts, executive orders, treaties, or any other source outside the tribe. As Felix Cohen puts it, “perhaps the most basic principle of all Indian law... is that those powers which are lawfully vested in an Indian tribe are not, in general, delegated powers granted by expressed acts of Congress, but rather inherent powers of a limited sovereignty, which has never been extinguished” (Cohen 122).

Sovereignty can be defined as: The supreme power from which all political powers are derived. It is inherent --- it cannot be given to one group by another. In government-to-government negotiations, states and Indian nations exercise or use their sovereign powers. “Sovereignty ensures self-government, cultural preservation, and a people’s control of their future. Sovereignty affirms the political identity of Indian Nations --- they are not simply a racial or ethnic minority” (Chavaree).

Chavaree, Mark A. Esq. “Tribal Sovereignty.” Wabanaki Legal News, Volume 2, Issue 1. Winter, 1998.

Cohen, Felix S. Ch. 7 “Sect. 1, Introduction - The Scope of Tribal Self-Government.” Handbook of Federal Indian Law. U.S. Government Printing Office. 1945. 4th Printing. (Cohen’s Handbook. p 122. http://thorpe.ou.edu/)

Echohawk, John E. “From the Director’s Desk.” Justice Newsletter. 2000. http://www.narf.org/pubs/justice/2000fall.html

Source: Montana OPI. Essential Understanding Regarding Montana Indians. 2012. Web. 15 Feb. 2015. http://opi.mt.gov/pdf/indianed/resources/essentialunderstandings.pdf

Montana Indians and Tribal Sovereignty - Fast Facts American Indian tribes govern themselves much the same way states and local governments do, through a tribal council (or similar name) served by elected representatives. Executive authority is exercised by a tribal chairman or president.

Indian tribes have court systems, varying from highly structured to simpler, part time courts. There is not always a separation of powers (legislative, judiciary and executive).

Prior to confinement on the reservations, traditional governance in Indian tribes had certain common features:

● integration of political and the religious● the importance of the tribe over the individual● consensus decision making

Most modern tribal governments generally follow a western European model and originated in the Indian Reorganization Act (IRA) of 1934.

Reservations that are home to more than one tribe share one tribal government. Some tribal governments have constitutional provisions for shared representation. For example. on the Fort Belknap reservation, the candidates for chairman and vice chairman must run as a team, one being Assiniboine and the other, Gros Ventre.

Tribal elections are conducted by secret ballot of tribal members. Elections are not partisan.

Tribal governments:● define conditions of membership (ex ¼ blood quantum)● prescribe rules for inheritance of property● levy taxes● administer peace● manage economic enterprise and natural resources● develop tribal health and education programs● maintain intergovernmental relations at the federal, state and local level

The United States Constitution gives authority in Indian affairs to the federal government, not to the state governments. Tribal governments are not subservient to state governments.

The Bureau of Indian Affairs is a federal body responsible for land held in trust and providing public services (education, health, law and order etc.) through contracts with the tribe or directly. Since 1972, many tribes have entered into self-government compacts with the federal government, thereby taking responsibility for programs formerly operated by the BIA.

Source: Montana Indian Education Association. Fast Facts About Montana Tribal Governments. 2006. Print.

Short film resource

Montana Historical Society. “Montana Mosaic: Federal Indian Policy.” Online video clip. YouTube. 25 Apr. 2014. Web. 24 Feb. 2015.

This 19-minute video examines the changes in federal government policy toward American Indians in the second half of the twentieth century. Focusing on the story of the Juneau family, the video looks at the relocation program of the Bureau of Indian Affairs and the effects the relocation program had on American Indian identity. The video touches on the events surrounding and leading up to the formation of the American Indian Movement along with the movement's goals. Interviewees talk about their continuing commitment to shape the federal policy and to regain control over their tribe's futures.