constitutional reform
Cherokee Nation Attorney General Todd Hembree discusses the critical role of separations of powers in effective Native nation governance, and provides an overview of how the Cherokee Nation instituted an array of separations of powers in the development of their new constitution, which was ratified...
A puzzling aspect of the term tribe is its lack of a clear definition. Even the Department of the Interior, the last word on federal recognition, doesn’t have one. Most tribal communities do have an expression in their own language of what their community means to them and to their people. Take...
This paper presents an empirical examination of economic and institutional development. Utilizing a novel data set on American Indian tribal nations we investigate how constitutional design affects economic development, while holding the broader legal and political environment fixed. Instrumental...
As the Pueblo of Laguna prepared for a Secretarial Election to remove the Secretary of Interior approval clause, the leadership developed an educational process for the community to understand the process. This presentation provides an overview of Laguna core values, their traditional governance...
This profile by Sheldon C. Spotted Elk examines the U.S. government's infringement on the Northern Cheyenne's political sovereignty. Most significantly, it examines the relationship between the oral history of the Northern Cheyenne and its impact on traditional tribal governance and law. Following...
Chief Awasis of ThunderChild First Nation talks about traditional governance from before contact, Indian Act governance and how some nations are beginning to combine them into a third type of governance.
Former staff member Hepsi Barnett of the Osage Government Reform Commission discusses the process by which the Osage Nation approached the task of developing a new constitution and system of government, and also provides the complex history that necessitated their creation. This video resource is...
Tribal governments across the United States work tirelessly to provide their citizens with effective systems of governance. After years of failed assimilation attempts, the federal government imposed blanket political systems upon almost all tribes regardless of those systems’ effectiveness or...
Blackfeet Constitution Reform Committee Member Virgil Edwards discusses the process the Blackfeet Nation devised to reform its constitution, and describes how politics ultimately derailed the process before it could produce a new constitution for the Blackfeet people. This video resource is...
University of South Dakota Professor of Law Frank Pommersheim discusses the fundamental difference between a plenary power constitution and a reserved or enumerated powers constitution, and recommends that Native nations think very carefully about constitutional implementation and interpretation...
