american indian constitutional reform and the rebuilding of native nations

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American Indian Constitutional Reform And The Rebuilding Of Native Nations

Author : Eric D. Lemont
ISBN : 0292778074
Genre : Social Science
File Size : 56. 59 MB
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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.

Those Who Belong

Author : Jill Doerfler
ISBN : 9781628952292
Genre : History
File Size : 46. 35 MB
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Despite the central role blood quantum played in political formations of American Indian identity in the late nineteenth and twentieth centuries, there are few studies that explore how tribal nations have contended with this transformation of tribal citizenship. Those Who Belong explores how White Earth Anishinaabeg understood identity and blood quantum in the early twentieth century, how it was employed and manipulated by the U.S. government, how it came to be the sole requirement for tribal citizenship in 1961, and how a contemporary effort for constitutional reform sought a return to citizenship criteria rooted in Anishinaabe kinship, replacing the blood quantum criteria with lineal descent. Those Who Belong illustrates the ways in which Anishinaabeg of White Earth negotiated multifaceted identities, both before and after the introduction of blood quantum as a marker of identity and as the sole requirement for tribal citizenship. Doerfler’s research reveals that Anishinaabe leaders resisted blood quantum as a tribal citizenship requirement for decades before acquiescing to federal pressure. Constitutional reform efforts in the twenty-first century brought new life to this longstanding debate and led to the adoption of a new constitution, which requires lineal descent for citizenship.

Rebuilding Native Nations

Author : Miriam Jorgensen
ISBN : 0816524238
Genre : Social Science
File Size : 70. 15 MB
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A revolution is underway among the Indigenous nations of North America. It is a quiet revolution, largely unnoticed in society at large. But it is profoundly important. From High Plains states and Prairie Provinces to southwestern deserts, from Mississippi and Oklahoma to the northwest coast of the continent, Native peoples are reclaiming their right to govern themselves and to shape their future in their own ways. Challenging more than a century of colonial controls, they are addressing severe social problems, building sustainable economies, and reinvigorating Indigenous cultures. In effect, they are rebuilding their nations according to their own diverse and often innovative designs. Produced by the Native Nations Institute for Leadership, Management, and Policy at the University of Arizona and the Harvard Project on American Indian Economic Development, this book traces the contours of that revolution as Native nations turn the dream of self-determination into a practical reality. Part report, part analysis, part how-to manual for Native leaders, it discusses strategies for governance and community and economic development being employed by American Indian nations and First Nations in Canada as they move to assert greater control over their own affairs. Rebuilding Native Nations provides guidelines for creating new governance structures, rewriting constitutions, building justice systems, launching nation-owned enterprises, encouraging citizen entrepreneurs, developing new relationships with non-Native governments, and confronting the crippling legacies of colonialism. For nations that wish to join that revolution or for those who simply want to understand the transformation now underway across Indigenous North America, this book is a critical resource. CONTENTS Foreword by Oren Lyons Editor's Introduction Part 1 Starting Points 1. Two Approaches to the Development of Native Nations: One Works, the Other Doesn't Stephen Cornell and Joseph P. Kalt 2. Development, Governance, Culture: What Are They and What Do They Have to Do with Rebuilding Native Nations? Manley A. Begay, Jr., Stephen Cornell, Miriam Jorgensen, and Joseph P. Kalt Part 2 Rebuilding the Foundations 3. Remaking the Tools of Governance: Colonial Legacies, Indigenous Solutions Stephen Cornell 4. The Role of Constitutions in Native Nation Building: Laying a Firm Foundation Joseph P. Kalt 5 . Native Nation Courts: Key Players in Nation Rebuilding Joseph Thomas Flies-Away, Carrie Garrow, and Miriam Jorgensen 6. Getting Things Done for the Nation: The Challenge of Tribal Administration Stephen Cornell and Miriam Jorgensen Part 3 Reconceiving Key Functions 7. Managing the Boundary between Business and Politics: Strategies for Improving the Chances for Success in Tribally Owned Enterprises Kenneth Grant and Jonathan Taylor 8. Citizen Entrepreneurship: An Underutilized Development Resource Stephen Cornell, Miriam Jorgensen, Ian Wilson Record, and Joan Timeche 9. Governmental Services and Programs: Meeting Citizens' Needs Alyce S. Adams, Andrew J. Lee, and Michael Lipsky 10. Intergovernmental Relationships: Expressions of Tribal Sovereignty Sarah L. Hicks Part 4 Making It Happen 11. Rebuilding Native Nations: What Do Leaders Do? Manley A. Begay, Jr., Stephen Cornell, Miriam Jorgensen, and Nathan Pryor 12. Seizing the Future: Why Some Native Nations Do and Others Don't Stephen Cornell, Miriam Jorgensen, Joseph P. Kalt, and Katherine Spilde Contreras Afterword by Satsan (Herb George) References About the Contributors Index

Harvard Law Review Volume 129 Number 6 April 2016

Author : Harvard Law Review
ISBN : 9781610278010
Genre : Law
File Size : 76. 78 MB
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The April 2016 issue, Number 6, is the annual Developments in the Law special issue. The topic of this extensive contribution is "Indian Law," including specific focus on tribal executive branches, tribal authority to follow fresh pursuit onto nontribal land, reconsidering ICRA and rights, securing Indian voting rights, and indigenous people and extractive industries. In addition, the issue features these contents: • Article, "Reconstructivism: The Place of Criminal Law in Ethical Life," by Joshua Kleinfeld • Essay, "Rule of Law Tropes in National Security," by Shirin Sinnar • Book Review, "Coming into the Anthropocene," by Jedediah Purdy Furthermore, student commentary analyzes Recent Cases on excessive force and SWAT raids after "perfunctory" investigation; prior restraints and injunctions under copyright law; individual liability of FBI agents for detention of citizens abroad; religious establishment and display of the Ten Commandments; and charter schools as violations of state constitutional law. Finally, the issue includes four brief comments on Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the sixth issue of academic year 2015-2016.

Rebuilding Native Nations

Author : Miriam Jorgensen
ISBN : 0816524238
Genre : Social Science
File Size : 33. 30 MB
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A revolution is underway among the Indigenous nations of North America. It is a quiet revolution, largely unnoticed in society at large. But it is profoundly important. From High Plains states and Prairie Provinces to southwestern deserts, from Mississippi and Oklahoma to the northwest coast of the continent, Native peoples are reclaiming their right to govern themselves and to shape their future in their own ways. Challenging more than a century of colonial controls, they are addressing severe social problems, building sustainable economies, and reinvigorating Indigenous cultures. In effect, they are rebuilding their nations according to their own diverse and often innovative designs. Produced by the Native Nations Institute for Leadership, Management, and Policy at the University of Arizona and the Harvard Project on American Indian Economic Development, this book traces the contours of that revolution as Native nations turn the dream of self-determination into a practical reality. Part report, part analysis, part how-to manual for Native leaders, it discusses strategies for governance and community and economic development being employed by American Indian nations and First Nations in Canada as they move to assert greater control over their own affairs. Rebuilding Native Nations provides guidelines for creating new governance structures, rewriting constitutions, building justice systems, launching nation-owned enterprises, encouraging citizen entrepreneurs, developing new relationships with non-Native governments, and confronting the crippling legacies of colonialism. For nations that wish to join that revolution or for those who simply want to understand the transformation now underway across Indigenous North America, this book is a critical resource. CONTENTS Foreword by Oren Lyons Editor's Introduction Part 1 Starting Points 1. Two Approaches to the Development of Native Nations: One Works, the Other Doesn't Stephen Cornell and Joseph P. Kalt 2. Development, Governance, Culture: What Are They and What Do They Have to Do with Rebuilding Native Nations? Manley A. Begay, Jr., Stephen Cornell, Miriam Jorgensen, and Joseph P. Kalt Part 2 Rebuilding the Foundations 3. Remaking the Tools of Governance: Colonial Legacies, Indigenous Solutions Stephen Cornell 4. The Role of Constitutions in Native Nation Building: Laying a Firm Foundation Joseph P. Kalt 5 . Native Nation Courts: Key Players in Nation Rebuilding Joseph Thomas Flies-Away, Carrie Garrow, and Miriam Jorgensen 6. Getting Things Done for the Nation: The Challenge of Tribal Administration Stephen Cornell and Miriam Jorgensen Part 3 Reconceiving Key Functions 7. Managing the Boundary between Business and Politics: Strategies for Improving the Chances for Success in Tribally Owned Enterprises Kenneth Grant and Jonathan Taylor 8. Citizen Entrepreneurship: An Underutilized Development Resource Stephen Cornell, Miriam Jorgensen, Ian Wilson Record, and Joan Timeche 9. Governmental Services and Programs: Meeting Citizens' Needs Alyce S. Adams, Andrew J. Lee, and Michael Lipsky 10. Intergovernmental Relationships: Expressions of Tribal Sovereignty Sarah L. Hicks Part 4 Making It Happen 11. Rebuilding Native Nations: What Do Leaders Do? Manley A. Begay, Jr., Stephen Cornell, Miriam Jorgensen, and Nathan Pryor 12. Seizing the Future: Why Some Native Nations Do and Others Don't Stephen Cornell, Miriam Jorgensen, Joseph P. Kalt, and Katherine Spilde Contreras Afterword by Satsan (Herb George) References About the Contributors Index

Colonial Entanglement

Author : Jean Dennison
ISBN : 9780807837443
Genre : Social Science
File Size : 60. 35 MB
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From 2004 to 2006 the Osage Nation conducted a contentious governmental reform process in which sharply differing visions arose over the new government's goals, the Nation's own history, and what it means to be Osage. The primary debates were focused on biology, culture, natural resources, and sovereignty. Osage anthropologist Jean Dennison documents the reform process in order to reveal the lasting effects of colonialism and to illuminate the possibilities for indigenous sovereignty. In doing so, she brings to light the many complexities of defining indigenous citizenship and governance in the twenty-first century. By situating the 2004-6 Osage Nation reform process within its historical and current contexts, Dennison illustrates how the Osage have creatively responded to continuing assaults on their nationhood. A fascinating account of a nation in the midst of its own remaking, Colonial Entanglement presents a sharp analysis of how legacies of European invasion and settlement in North America continue to affect indigenous people's views of selfhood and nationhood.

The State Of The Native Nations

Author : Malcolm Wiener Center for Social Policy. Harvard Project on American Indian Economic Development
ISBN : 0195301269
Genre : Business & Economics
File Size : 60. 6 MB
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Media filters and personal preconceptions can make it hard to get a clear view of present-day Indian America. The reality is that the 500+ Native nations in the United States confront many of the same day-to-day challenges that are faced by other nations and communities--raising children with strong identities, practicing religion, providing economic sustenance, strengthening culture, managing business and governmental affairs, and protecting public health and safety--but they are doing so from foundations built on their distinct histories, cultures, and circumstances. The State of the Native Nations: Conditions under U.S. Policies of Self-Determination chronicles the efforts, obstacles, and accomplishments that are shaping Indian Country under contemporary federal policies and responsive tribal strategies of self-determination. In The State of the Native Nations, the Harvard Project on American Indian Economic Development brings together scholars and Native leaders to produce the most comprehensive, cohesive interdisciplinary study available on current conditions and trends in Indian Country. Broad in scope and thematically organized, the volume features twenty-three chapters covering issues ranging from tribal governance, land and natural resources, and economic and social development, to arts and culture, the large off-reservation Native population, and federal Indian policy. Fourteen accompanying essays bring to life the personal perspectives of noted national leaders in Native affairs. The result is invaluable insight into the universal challenges of creating resilient, sustained, and self-determined communities. FEATURES: * Balances first-person accounts and field findings with extensive and up-to-date data and facts * Emphasizes the critical issues of Native self-determination and nation-building * Puts contemporary issues in their historical and policy contexts * Integrates case studies that highlight successful examples of the practice of Native nation self-determination

American Indian Culture And Research Journal

Author :
ISBN : STANFORD:36105133503776
Genre : Indians of North America
File Size : 47. 8 MB
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American Indian Quarterly

Author :
ISBN : WISC:89102886587
Genre : Indians of Central America
File Size : 77. 91 MB
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American Indian Politics And The American Political System

Author : David Eugene Wilkins
ISBN : 1442203889
Genre : History
File Size : 59. 67 MB
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"This book is a lively and accessible account of the remarkably complex legal and political situation of American Indian tribes and tribal citizens (who are also U.S. citizens) David E. Wilkins and Heidi Kiiwetinepinesiik Stark have provided the `go-to' source for a clear yet detailed and sophisticated introduction to tribal soverignty and federal Indian policy. It is a valuable resource both for readers unfamiliar with the subject matter and for readers in Native American studies and related fields, who will appreciate the insightful and original scholarly analysis of the authors."---Thomas Biolsi, University of California at Berkeley "American Indian Politics and the American Political System is simply an indispensable compendium of fact and reason on the historical and modern landscape of American Indian law and policy. No teacher or student of American Indian studies, no policymaker in American Indian policy, and no observer of American Indian history and law should do without this book. There is nothing in the field remotely as comprehensive, usable, and balanced as Wilkins and Stark's work."---Matthew L. M. Fletcher, director of the Indigenous Law and Policy Center at Michigan State University College of Law "Wilkins has written the first general study of contemporary Indians in the United States from the disciplinary standpoint of political science. His inclusion of legal matters results in sophisticated treatment of many contemporary issues involving Native American governments and the government of the United States and gives readers a good background for understanding other questions. The writing is clear-not a minor matter in such a complex subject---and short case histories are presented, plus links (including websites) to many sources of information."---Choice Now in its third edition, American Indian Politics and the American Political System is the most comprehensive study written from a political science perspective that analyzes the structures and functions of indigenous governments (including Alaskan Native communities and Hawaiian Natives) and the distinctive legal and political rights these nations exercise internally, while also examining the fascinating intergovernmental relationship that exists between native nations, the states, and the federal government. The third edition contains a number of important modifications. First, it is now coauthored by Heidi Kiiwetinepinesiik Stark, who brings a spirited new voice to the study. Second, it contains ample discussion of how President Obama's election has altered the dynamics of Indian Country politics and law. Third, it contains more discussion of women's issues, several new vignettes, an updated timeline, new photographs, and updated charts, tables, and figures.

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