Developing And Reviewing Tribal Constitutions And Amendments
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Author | : Karen J. Atkinson |
Publisher | : |
Total Pages | : |
Release | : 2009 |
Genre | : Indian business enterprises |
ISBN | : 9780692057650 |
A comprehensive resource on the formation of tribal business entities. Hailed in Indian Country Today as offering "one-stop knowledge on business structuring," the Handbook reviews each type of tribal business entity from the perspective of sovereign immunity and legal liability, corporate formation and governance, federal tax consequences and eligibility for special financing. Covers governmental entities and common forms of business structures.
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.
Author | : Theodore H. Haas |
Publisher | : |
Total Pages | : 56 |
Release | : 1947 |
Genre | : Indians of North America |
ISBN | : |
Author | : Kirsty Gover |
Publisher | : OUP Oxford |
Total Pages | : 300 |
Release | : 2010 |
Genre | : Law |
ISBN | : 0199587094 |
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.
Author | : United States Commission on Civil Rights |
Publisher | : |
Total Pages | : 110 |
Release | : 1991 |
Genre | : Indian courts |
ISBN | : |
Author | : Felix S. Cohen |
Publisher | : |
Total Pages | : 700 |
Release | : 1942 |
Genre | : Indians of North America |
ISBN | : |
Author | : Laurence Tribe |
Publisher | : Macmillan |
Total Pages | : 416 |
Release | : 2014-06-03 |
Genre | : Law |
ISBN | : 0805099093 |
An assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings and their implications.
Author | : Laurence H. Tribe |
Publisher | : |
Total Pages | : 0 |
Release | : 1985 |
Genre | : Constitutional law |
ISBN | : 9780674165397 |
Challenging the ruling premises underlying many of the Supreme Court's positions on fundamental issues of government authority and individual rights, Tribe shows how the Court is increasingly coming to resemble a judicial Office of Management and Budget, straining constitutional discourse through a managerial sieve to defend its constitutional rulings. Tribe explains how the Court's "calculus" systematically excludes basic concerns about the distribution of wealth and power and conceals fundamental choices about the American polity. Calling for a more candid confrontation of those choices, Tribe exposes what has gone wrong and suggests how the Court can reclaim the historic role entrusted to it by the Constitution. ISBN 0-674-16538-1: $29.95.
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.
Author | : Vine Deloria |
Publisher | : University of Oklahoma Press |
Total Pages | : 462 |
Release | : 2002 |
Genre | : Political Science |
ISBN | : 9780806133980 |
In 1934, Commissioner of Indian Affairs John Collier began a series of "congresses" with American Indians to discuss his proposed federal bill for granting self-government to tribal reservations. In "The Indian Reorganization Act," Vine Deloria, Jr., compiled the actual historical records of those congresses and made available important documents of the premier years of reform in federal Indian policy as well as the bill itself.