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Tribal Constitutionalism
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Book Synopsis Tribal Constitutionalism by : Kirsty Gover
Download or read book Tribal Constitutionalism written by Kirsty Gover and published by OUP Oxford. This book was released on 2010 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Claiming Turtle Mountain's Constitution by : Keith Richotte Jr.
Download or read book Claiming Turtle Mountain's Constitution written by Keith Richotte Jr. and published by UNC Press Books. This book was released on 2017-08-04 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Tribes, Treaties, and Constitutional Tribulations by : Vine Deloria
Download or read book Tribes, Treaties, and Constitutional Tribulations written by Vine Deloria and published by University of Texas Press. This book was released on 2010-06-28 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Book Synopsis On the Drafting of Tribal Constitutions by : Felix S. Cohen
Download or read book On the Drafting of Tribal Constitutions written by Felix S. Cohen and published by University of Oklahoma Press. This book was released on 2006 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Felix Cohen (1907–1953) was a leading architect of the Indian New Deal and steadfast champion of American Indian rights. Appointed to the Department of the Interior in 1933, he helped draft the Indian Reorganization Act (1934) and chaired a committee charged with assisting tribes in organizing their governments. His “Basic Memorandum on Drafting of Tribal Constitutions,” submitted in November 1934, provided practical guidelines for that effort.
Book Synopsis Broken Landscape by : Frank Pommersheim
Download or read book Broken Landscape written by Frank Pommersheim and published by Oxford University Press. This book was released on 2009-09-02 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis American Indian Constitutional Reform and the Rebuilding of Native Nations by : Eric D. Lemont
Download or read book American Indian Constitutional Reform and the Rebuilding of Native Nations written by Eric D. Lemont and published by University of Texas Press. This book was released on 2009-08-17 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Shadow Nations written by Bruce Duthu and published by Oxford University Press. This book was released on 2013-06-10 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Semblances of Sovereignty by : T. Alexander Aleinikoff
Download or read book Semblances of Sovereignty written by T. Alexander Aleinikoff and published by Harvard University Press. This book was released on 2009-07-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a set of cases decided at the end of the nineteenth century, the Supreme Court declared that Congress had "plenary power" to regulate immigration, Indian tribes, and newly acquired territories. Not coincidentally, the groups subject to Congress' plenary power were primarily nonwhite and generally perceived as "uncivilized." The Court left Congress free to craft policies of assimilation, exclusion, paternalism, and domination. Despite dramatic shifts in constitutional law in the twentieth century, the plenary power case decisions remain largely the controlling law. The Warren Court, widely recognized for its dedication to individual rights, focused on ensuring "full and equal citizenship"--an agenda that utterly neglected immigrants, tribes, and residents of the territories. The Rehnquist Court has appropriated the Warren Court's rhetoric of citizenship, but has used it to strike down policies that support diversity and the sovereignty of Indian tribes. Attuned to the demands of a new century, the author argues for abandonment of the plenary power cases, and for more flexible conceptions of sovereignty and citizenship. The federal government ought to negotiate compacts with Indian tribes and the territories that affirm more durable forms of self-government. Citizenship should be "decentered," understood as a commitment to an intergenerational national project, not a basis for denying rights to immigrants.
Book Synopsis Tribal Constitution Handbook by : Mark C. Tilden
Download or read book Tribal Constitution Handbook written by Mark C. Tilden and published by . This book was released on 2007 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This Practical Guide is intended to guide the user through a number of considerations when writing or revising a tribal constitution in order to foster and generate ideas on the kinds of mechanisms that may work for the particular tribe's governance structure." - Introduction (p. 2)
Book Synopsis TRIBAL CONSTITUTIONALISM: STATES, TRIBES, AND THE GOVERANCE OF MEMBERSHIP. by : Kirsty Gover
Download or read book TRIBAL CONSTITUTIONALISM: STATES, TRIBES, AND THE GOVERANCE OF MEMBERSHIP. written by Kirsty Gover and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constitutionalism and Native Americans, 1903-1968 by : John R. Wunder
Download or read book Constitutionalism and Native Americans, 1903-1968 written by John R. Wunder and published by Taylor & Francis. This book was released on 1996 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 1997. Routledge is an imprint of Taylor & Francis, an informa company.
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights Publisher : ISBN 13 : Total Pages :390 pages Book Rating :4.:/5 (6 download)
Book Synopsis Constitutional Rights of the American Indian by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights
Download or read book Constitutional Rights of the American Indian written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and published by . This book was released on 1965 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis American Indian Tribal Law by : Matthew L.M. Fletcher
Download or read book American Indian Tribal Law written by Matthew L.M. Fletcher and published by Aspen Publishing. This book was released on 2020-02-02 with total page 1188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nearly every American Indian tribe has its own laws and courts. Taken together, these courts decide thousands of cases. Many span the full panoply of law—from criminal, civil, and probate cases, to divorce and environmental disputes. American Indian Tribal Law, now in its Second Edition, surveys the full spectrum of tribal justice systems. With cases, notes, and historical context, this text is ideal for courses on American Indian Law or Tribal Governments—and an essential orientation to legal practice within tribal jurisdictions. New to the Second Edition: A new chapter on professional responsibility and the regulation of lawyers in tribal jurisdictions Enhanced materials on Indian child welfare Additional materials on tribal laws that incorporate Indigenous language and culture Additional examples from tribal justice systems and practice Recent and noteworthy cases from tribal courts Professors and students will benefit from: A broad survey of dispute resolution systems within tribal jurisdictions A review of recent flashpoints in tribal law, such as internal tribal political matters, including intractable citizenship and election disputes enhanced criminal jurisdiction over nonmembers and non-Indians tribal constitutional reform, including a case study on the White Earth Nation Cases and material reflecting a wide range of American Indian tribes and legal issues Excerpts and commentary from a wellspring of current scholarship
Book Synopsis American Citizenship and Constitutionalism in Principle and Practice by : Steven F. Pittz
Download or read book American Citizenship and Constitutionalism in Principle and Practice written by Steven F. Pittz and published by University of Oklahoma Press. This book was released on 2022-01-13 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions at the very heart of the American experiment—about what the nation is and who its people are—have lately assumed a new, even violent urgency. As the most fundamental aspects of American citizenship and constitutionalism come under ever more powerful pressure, and as the nation’s politics increasingly give way to divisive, partisan extremes, this book responds to the critical political challenge of our time: the need to return to some conception of shared principles as a basis for citizenship and a foundation for orderly governance. In various ways and from various perspectives, this volume’s authors locate these principles in the American practice of citizenship and constitutionalism. Chapters in the book’s first part address critical questions about the nature of U.S. citizenship; subsequent essays propose a rethinking of traditional notions of citizenship in light of the new challenges facing the country. With historical and theoretical insights drawn from a variety of sources—ranging from Montesquieu, John Adams, and Henry Clay to the transcendentalists, Cherokee freedmen, and modern identitarians—American Citizenship and Constitutionalism in Principle and Practice makes the case that American constitutionalism, as shaped by several centuries of experience, can ground a shared notion of American citizenship. To achieve widespread agreement in our fractured polity, this notion may have to be based on “thin” political principles, the authors concede; yet this does not rule out the possibility of political community. By articulating notions of citizenship and constitutionalism that are both achievable and capable of fostering solidarity and a common sense of purpose, this timely volume drafts a blueprint for the building of a genuinely shared political future.
Book Synopsis Native American Sovereignty on Trial by : Bryan H. Wildenthal
Download or read book Native American Sovereignty on Trial written by Bryan H. Wildenthal and published by Bloomsbury Publishing USA. This book was released on 2003-04-24 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: A survey of Native American tribal law and its place within the framework of the U.S. Constitution from colonial times to today's headlines. Using five major court cases, Native American Sovereignty on Trial examines American Indian tribal governments and how they relate to federal and state governments under the U.S. Constitution. From the foundational U.S. Supreme Court opinions of the 1830s, to the California State Gaming Propositions of 1998 and 2000, the impact and legacy of these court cases are fully explored. The actual text of key treaties, court decisions, and other legal documents pertaining to the five tribal controversies are featured and analyzed. Clearly presented, this in depth review of essential legal issues makes even the most difficult and complex judicial doctrines easy to understand by students and nonlawyers. This concise volume tracing the evolution of Native American sovereignty will supplement coursework in law, political science, U.S. history, and American Indian studies.
Book Synopsis Pakistan, Regional Security and Conflict Resolution by : Farooq Yousaf
Download or read book Pakistan, Regional Security and Conflict Resolution written by Farooq Yousaf and published by Routledge. This book was released on 2022-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains how colonial legacies and the postcolonial state of Pakistan negatively influenced the socio-political and cultural dynamics and the security situation in Pakistan's Pashtun 'tribal' areas, formerly known as the Federally Administered Tribal Areas (FATA). It offers a local perspective on peace and conflict resolution in Pakistan's Pashtun 'tribal' region. Discussing the history and background of the former-FATA region, the role of Pashtun conflict resolution mechanism of Jirga, and the persistence of colonial-era Frontier Crimes Regulations (FCR) in the region, the author argues that the persistence of colonial legacies in the Pashtun 'tribal' areas, especially the FCR, coupled with the overarching influence of the military on security policy has negatively impacted the security situation in the region. By focusing on the Jirga and Jirga-based Lashkars (or Pashtun militias), the book demonstrates how Pashtuns have engaged in their own initiatives to handle the rise of militancy in their region. Moreover, the book contends that, even after the introduction of constitutional reforms and FATA's merger with the Khyber Pakhtunkhwa province, little has changed in the region, especially regarding the treatment of 'tribal' Pashtuns as equal citizens of Pakistan. This book explains, in detail, why indigenous methods of peace and conflict resolution, such as the Jirga, could play "some" role towards long-term peace in the South Asian region. Historically and contextually informed with a focus on North-West Pakistan, this book will be of interest to academics researching South Asian Studies, International Relations, Peace and Conflict Studies, terrorism, and traditional justice and restorative forms of peace-making.
Book Synopsis Tribal Constitutions and Native Sovereignty by : Robert J. Miller
Download or read book Tribal Constitutions and Native Sovereignty written by Robert J. Miller and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than 565 Indigenous tribal governments exercise extensive sovereign and political powers within the United States today. Only about 230 of the native communities that created these governments, however, have chosen to adopt written constitutions to define and control the political powers of their governments. Many observers would no doubt ask how a government can function without a written constitution to guide its formation and operation, and how the rights of citizens can be defined and protected without a written constitution. This essay addresses these questions and many more concerning American Indian and Alaska Native tribal constitutions. It is clear that constitutionalism is nothing new to Indigenous peoples in North America. This fact is demonstrated by the Iroquois Confederacy of the Haudenosaunee people who have governed themselves under an unwritten constitution for many hundreds of years, by the Cherokee Nation who apparently created the first written tribal constitution in 1827, by the many dozens of tribal governments who adopted written constitutions from 1837-1930, and by the hundreds of Indigenous governments who adopted constitutions under the federal Indian Reorganization Act of 1934. This essay examines these facts and more, and addresses whether modern day tribal constitutions adequately serve the needs of native communities and help these communities and their political entities to exercise and protect their sovereignty.
