separation of powers
In the modern era, tribes have made tremendous gains in retaining — and reclaiming — their sovereignty. But despite this external progress, some tribes have struggled to overcome internal governance challenges. 2 × One such challenge is presented by “IRA constitutions”: those constitutions either...
Modern tribal nations pass laws, exercise criminal jurisdiction, and enjoy extensive powers when it comes to self-governance and matters of sovereignty. And of 566 tribal nations, just under half have adopted written constitutions. In the American tradition, a constitution limits the power yielded...
UCLA School of Law "Good Native Governance" conference presenters, panelists and participants Melissa L. Tatum, Devon Lee Lomayesva, and Jill Doerfler discuss constitutional reform efforts. Melissa describes the purpose of consitutions. Using her own Nation's experience, Devon discusses the Iipay...
In this lively and far-reaching discussion with NNI's Ian Record, Terry Janis (Oglala Lakota), former project manager of the White Earth Nation Constitution Reform Project, provides an overview of the citizen education and engagement campaign that preceded White Earth's historic vote to ratify a...
Floyd "Buck" Jourdain, Chairman of the Red Lake Nation from 2004 to 2014, discusses his nation's constitutional reform effort and the supporting role he played in helping to get the effort off of the ground. He also talks about how comprehensive constitutional reform will empower his nation's...
Long before the 1934 Indian Reorganization Act transformed tribal government, before nepotism and retaliation became plagues upon reservation life, there were nacas . Headsmen, the Lakota and Dakota called them. Men designated from their tiospayes , or extended families, to represent their clans...
An economic, political and cultural renaissance is underway throughout Indian Country in the United States. It’s been going on for nearly a quarter-century. Whereas in the 1980s, economic growth on Indian reservations lagged far behind the rate of the U.S. economy, through the booming 1990s and the...
In this in-depth interview with NNI's Ian Record, Anishinaabe scholar Jill Doerfler discusses the White Earth Nation's current constitutional reform effort, and specifically the extensive debate that White Earth constitutional delegates engaged in regarding changing the criteria for White Earth...
In a historic vote, on November 19, 2013, the White Earth Nation in northwestern Minnesota became the first member of the Minnesota Chippewa Tribe (MCT) to adopt a new constitution. Of the 3,492 ballots counted, the vote was 2,780 in favor and 712 opposed, a 79 percent approval. Since the ballots...
In 1974, a group of Mvskoke citizens from Oklahoma sued the federal government in federal court. Hanging in the balance was the future of Mvskoke self-determination. The plaintiffs insisted that their 1867 Constitution remained in full effect, and that they still governed themselves pursuant to it...
