Tribal Executive Branches: A Path to Tribal Constitutional Reform


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 passed in the period shortly after adoption of the federal Indian Reorganization Act (IRA) in 1934 or created later but modeled after constitutions passed during that time. IRA constitutions usually lack separation of powers. Instead, they often concentrate all or nearly all of a tribal government’s power into a single “legislative” branch, commonly referred to as a tribal council...

Resource Type

Harvard Law Review. 2016"Tribal Executive Branches: A Path to Tribal Constitutional Reform." Harvard Law Review. 129 Harv. L. Rev. (April): 1662-1684.