Tribal Constitutionalism
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Tribal Constitutionalism
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Author : Kirsty Gover
language : en
Publisher: OUP Oxford
Release Date : 2010
Tribal Constitutionalism written by Kirsty Gover and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
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.
Tribal Constitutionalism States Tribes And The Goverance Of Membership
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Author : Kirsty Gover
language : en
Publisher:
Release Date : 2010
Tribal Constitutionalism States Tribes And The Goverance Of Membership written by Kirsty Gover and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
Tribes Treaties And Constitutional Tribulations
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Author : Vine Deloria
language : en
Publisher: University of Texas Press
Release Date : 2010-06-28
Tribes Treaties And Constitutional Tribulations written by Vine Deloria and has been published by University of Texas Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-28 with Social Science categories.
"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.
Claiming Turtle Mountain S Constitution
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Author : Keith Richotte
language : en
Publisher:
Release Date : 2017
Claiming Turtle Mountain S Constitution written by Keith Richotte and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with History categories.
"In this work, Keith Richotte explores Native American tribal constitutional history in order to, as he argues, decenter the U.S. federal actors, laws, and policies from the study of tribal constitutionalism and instead refocus attention back onto tribal members, underlining their agency and importance. Richotte uses the Turtle Mountain Band of Chippewa Indians as a case study and follows the tribe's history in forming its own 1932 constitution, detailing every step and decision taken, good and bad, in its creation. He shows that the tribe's dominant political goal was pursuing a claim against the federal government for the damages it suffered during the establishment of its reservation and the negotiations for a treaty. However, political forces in and outside the tribe pushed the decision to a compromise, and the tribe adopted a constitution that limited their own authority while keeping open the possibility of later claims against the U.S. Federal government. Importantly, all of this took place before the Indian Reorganization Act - the piece of federal legislation most associated with modern tribal constitutionalism - became law, making Turtle Mountain's path to its own constitution a story of tribal agency, one that disrupts the commonly held idea that IRA lies at the epicenter of tribal constitutionalism"--
We The Indians Of The Turtle Mountain Reservation
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Author : Keith Steven Richotte Jr
language : en
Publisher:
Release Date : 2009
We The Indians Of The Turtle Mountain Reservation written by Keith Steven Richotte Jr and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with American history categories.
Using the Turtle Mountain Band of Chippewa Indians as a case study, this dissertation argues that the body of scholarship concerning tribal constitutionalism is artificially limited and cannot adequately explain the development of constitutionalism in Indian Country. Scholarship concerning tribal constitutionalism currently exists in what this dissertation calls a colonialist/revolutionary dialectic. The discourse within this dialectic is focused almost exclusively on an examination of the Indian Reorganization Act of 1934 (IRA). On the "colonialist" side of the dialectic, scholars argue that the IRA has forced a foreign form of government on tribes and that constitutionalism is another form of colonialism. On the "revolutionary" side, scholars argue that the IRA was a positive development in Indian Country that was not allowed to fulfill its potential. This narrow focus neglects to consider the choices made by tribal peoples themselves as it concerns their own constitutional histories. This dissertation examines four episodes in the constitutional history of the Turtle Mountain Band of Chippewa Indians.
Shadow Nations
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Author : Bruce Duthu
language : en
Publisher: Oxford University Press
Release Date : 2013-06-10
Shadow Nations written by Bruce Duthu and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-10 with Law categories.
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.
Disempowerment Of Tribal Women
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Author : Zenab Banu
language : en
Publisher:
Release Date : 2004
Disempowerment Of Tribal Women written by Zenab Banu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with History categories.
Examines 73Rd Constitutional Amendment Which Gives Political Decentralization To The Tribal Women. Covers Bhils-Panchayati Raj Institutions Etc. Has 7 Chapters And An Annexure, Bibliography And Index.
Broken Landscape
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Author : Frank Pommersheim
language : en
Publisher: Oxford University Press
Release Date : 2009-09-02
Broken Landscape written by Frank Pommersheim and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-02 with Law categories.
Broken Landscape is a sweeping chronicle of Indian tribal sovereignty under the United States Constitution and the way that legislators have interpreted and misinterpreted tribal sovereignty since the nation's founding. Frank Pommersheim, one of America's leading scholars in Indian tribal law, 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. He demonstrates that 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. Pommersheim argues that the Supreme Court has strayed from its Constitutional roots as well, consistently issuing decisions over two centuries that have bolstered federal power over the tribes. Closing with a proposal for a Constitutional amendment that would reaffirm tribal sovereignty, Broken Landscape challenges us to finally accord Indian tribes and Indian people the respect and dignity that are their due.
American Indian Constitutional Reform And The Rebuilding Of Native Nations
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Author : Eric D. Lemont
language : en
Publisher: University of Texas Press
Release Date : 2009-08-17
American Indian Constitutional Reform And The Rebuilding Of Native Nations written by Eric D. Lemont and has been published by University of Texas Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-17 with Social Science categories.
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.
Constitutionalism And Native Americans 1903 1968
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Author : John R. Wunder
language : en
Publisher: Taylor & Francis
Release Date : 1996
Constitutionalism And Native Americans 1903 1968 written by John R. Wunder and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
First Published in 1997. Routledge is an imprint of Taylor & Francis, an informa company.