Claiming Turtle Mountain's Constitution

Claiming Turtle Mountain's Constitution
Author: Keith Richotte Jr.
Publisher: UNC Press Books
Total Pages: 305
Release: 2017-08-04
Genre: History
ISBN: 146963452X

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.

The Invisible Constitution in Comparative Perspective

The Invisible Constitution in Comparative Perspective
Author: Rosalind Dixon
Publisher: Cambridge University Press
Total Pages: 595
Release: 2018-11-08
Genre: Law
ISBN: 110827885X

Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. The Invisible Constitution in Comparative Perspective helps us understand these dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems. This volume provides a nuanced theoretical discussion of the idea of 'invisibility' in a constitutional context, and its relationship to more traditional understandings of written versus unwritten constitutionalism. Containing a rich array of case studies, including discussions of constitutional practice in Australia, Canada, China, Germany, Hong Kong, Israel, Italy, Indonesia, Ireland and Malaysia, this book will look at how this aspect of 'invisible constitutions' is manifested across different jurisdictions.

Federal Indian Law and Policy

Federal Indian Law and Policy
Author: KEITH S. RICHOETTE. JR.
Publisher: West Academic Publishing
Total Pages: 700
Release: 2020-03-05
Genre:
ISBN: 9781642426052

Federal Indian Law and Policy: An Introduction is designed to help students, instructors, and others without a legal background to learn and teach about the legal landscape that shapes Native America. Covering both the historical foundations that continue to inform the present as well as hot button issues facing Native America today, each of the thirty chapters is a concise, readable synopsis of an aspect of this dynamic, ever evolving field of law. Anyone interested in any aspect of Native America, regardless of their familiarity with the law, will find their own studies, classes, and knowledge enhanced by this text.

Freedom and Indigenous Constitutionalism

Freedom and Indigenous Constitutionalism
Author: John Borrows
Publisher: University of Toronto Press
Total Pages: 382
Release: 2016-05-12
Genre: Social Science
ISBN: 1442630957

Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance. Demonstrating how Canada’s constitutional structures marginalize Indigenous peoples’ ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women.

The Routledge Companion to Gender and the American West

The Routledge Companion to Gender and the American West
Author: Susan Bernardin
Publisher: Routledge
Total Pages: 522
Release: 2022-06-19
Genre: Social Science
ISBN: 1351174266

This is the first major collection to remap the American West though the intersectional lens of gender and sexuality, especially in relation to race and Indigeneity. Organized through several interrelated key concepts, The Routledge Companion to Gender and the American West addresses gender and sexuality from and across diverse and divergent methodologies. Comprising 34 chapters by a team of international contributors, the Companion is divided into four parts: Genealogies Bodies Movements Lands The volume features leading and newer scholars whose essays connect interdisciplinary fields including Indigenous Studies, Latinx and Asian American Studies, Western American Studies, and Queer, Feminist, and Gender Studies. Through innovative methodologies and reclaimed archives of knowledge, contributors model fresh frameworks for thinking about relations of power and place, gender and genre, settler colonization and decolonial resistance. Even as they reckon with the ongoing gendered and racialized violence at the core of the American West, contributors forge new lexicons for imagining alternative Western futures. This pathbreaking collection will be invaluable to scholars and students studying the origins, myths, histories, and legacies of the American West. This is a foundational collection that will become invaluable to scholars and students across a range of disciplines including Gender and Sexuality Studies, Literary Studies, Indigenous Studies, and Latinx Studies.

American Indian Constitutional Reform and the Rebuilding of Native Nations

American Indian Constitutional Reform and the Rebuilding of Native Nations
Author: Eric D. Lemont
Publisher: University of Texas Press
Total Pages: 361
Release: 2009-08-17
Genre: Social Science
ISBN: 0292778074

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.

Documents of Native American Political Development

Documents of Native American Political Development
Author: David E. Wilkins
Publisher: Oxford University Press
Total Pages: 560
Release: 2009-02-04
Genre: Political Science
ISBN: 0190296232

The arrival of European and Euro-American colonizers in the Americas brought not only physical attacks against Native American tribes, but also further attacks against the sovereignty of these Indian nations. Though the violent tales of the Trail of Tears, Black Hawk's War, and the Battle of Little Big Horn are taught far and wide, the political structure and development of Native American tribes, and the effect of American domination on Native American sovereignty, have been greatly neglected. This book contains a variety of primary source and other documents--traditional accounts, tribal constitutions, legal codes, business councils, rules and regulations, BIA agents reports, congressional discourse, intertribal compacts--written both by Natives from many different nations and some non-Natives, that reflect how indigenous peoples continued to exercise a significant measure of self-determination long after it was presumed to have been lost, surrendered, or vanquished. The documents are arranged chronologically, and Wilkins provides brief, introductory essays to each document, placing them within the proper context. Each introduction is followed by a brief list of suggestions for further reading. Covering a fascinating and relatively unknown period in Native American history, from the earliest examples of indigenous political writings to the formal constitutions crafted just before the American intervention of the Indian Reorganization Act of 1934, this anthology will be an invaluable resource for scholars and students of the political development of indigenous peoples the world over.

Indigenous Governance

Indigenous Governance
Author: David E. Wilkins
Publisher: Oxford University Press
Total Pages: 505
Release: 2023-12
Genre: Education
ISBN: 0190096004

After decades of federal dominance and dependence, Native governments now command attention as they exercise greater degrees of political, economic, and cultural power. Given the weight and importance of many issues confronting Native peoples today, these governments arguably matter even more to their peoples and to the broader society than ever before. Native governments have become critically important as the chief providers of basic services and the authors of solutions to collective problems in their societies. As major actors within the realm of democratic politics, they increasingly wield their powers to educate and advocate regarding Indigenous concerns. For many communities (including non-Native neighbors) they are the largest spenders and employers. They have also become adept at negotiating intergovernmental agreements that protect their peoples and resources while strengthening their unique political status. Native peoples and governments are also navigating the devastating and lingering health and economic impact of COVID-19; the profound environmental problems that have been exacerbated by climate change; and jurisdictional conflicts with local, state, and federal actors. Indigenous Governance is a comprehensive, critical examination of Native political systems: the senior political sovereigns on the North American continent in terms of their origin, development, structures, and operation. Author David E. Wilkins provides the recognition and respect due Indigenous governments, while offering a considered critique of their shortcomings as imperfect, sovereign institutions. This appraisal will highlight their history, evolution, internal and intergovernmental issues, and diverse structures.