Indigenous Governance Database
Indian Reorganization Act (IRA)
Understanding the history of tribal enrollment
It's difficult to talk about tribal enrollment without talking about Indian identity. The two issues have become snarled in the twentieth century as the United States government has inserted itself more and more into the internal affairs of Indian nations. Ask who is Indian, and you will get…
Northern Cheyenne Tribe: Traditional Law and Constitutional Reform
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…
An Essay on the Federal Origins of Disenrollment
Disenrollment is not indigenous to Native America. It is a creature of the United States. The origins of disenrollment are traced to the United States’ paternalistic assimilation policies of the 1930s. In 1934 the U.S. Congress passed the Indian Reorganization Act (“IRA”), wherein the federal…
Members Only? Designing Citizenship Requirements for Indian Nations
Indian nations' constitutional reform efforts encounter some of their most paralyzing conflicts over criteria for membership. Three years ago, I initiated a Tribal Legal Development Clinic at UCLA, whose purpose has been to assist Indian nations in building their legal infrastructures. This Clinic…
Race and American Indian Tribal Nationhood
This article bridges the gap between the perception and reality of American Indian tribal nation citizenship. The United States and federal Indian law encouraged, and in many instances mandated, Indian nations to adopt race-based tribal citizenship criteria. Even in the rare circumstance where an…
Tribal Economic Development: Nuts & Bolts
Tribal economic development is a product of the need for Indian tribes to generate revenue in order to pay for the provision of governmental services. Unlike the federal government or states, Indian tribes – in general – have no viable tax base from which to generate revenues sufficient to…
Tribal Constitutions and Native Sovereignty
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…
Legal Pluralism and Tribal Constitutions
What do pigs roaming the streets of New York City during the first half of the nineteenth century and tribal constitutions have in common? The most obvious (and often the most correct) answer is, undoubtedly, “absolutely nothing.” However, tribal advocates, particularly those concerned with the…