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 their governments. Many observers would no doubt ask how a government can function without a written constitution to guide its formation and operation, and how the rights of citizens can be defined and protected without a written constitution. This essay addresses these questions and many more concerning American Indian and Alaska Native tribal constitutions. It is clear that constitutionalism is nothing new to Indigenous peoples in North America. This fact is demonstrated by the Iroquois Confederacy of the Haudenosaunee people who have governed themselves under an unwritten constitution for many hundreds of years, by the Cherokee Nation who apparently created the first written tribal constitution in 1827, by the many dozens of tribal governments who adopted written constitutions from 1837-1930, and by the hundreds of Indigenous governments who adopted constitutions under the federal Indian Reorganization Act of 1934. This essay examines these facts and more, and addresses whether modern day tribal constitutions adequately serve the needs of native communities and help these communities and their political entities to exercise and protect their sovereignty.

Felix Cohen (1907–1953) was a leading architect of the Indian New Deal and steadfast champion of American Indian rights. Appointed to the Department of the Interior in 1933, he helped draft the Indian Reorganization Act (1934) and chaired a committee charged with assisting tribes in organizing their governments. His “Basic Memorandum on Drafting of Tribal Constitutions,” submitted in November 1934, provided practical guidelines for that effort.

Broken Landscape is a sweeping chronicle of Indian tribal sovereignty under the United States Constitution and the way that legislators have interpreted and misinterpreted tribal sovereignty since the nation's founding. Frank Pommersheim, one of America's leading scholars in Indian tribal law, offers a novel and deeply researched synthesis of this legal history from colonial times to the present, confronting the failures of constitutional analysis in contemporary Indian law jurisprudence. He demonstrates that the federal government has repeatedly failed to respect the Constitution's recognition of tribal sovereignty. Instead, it has favored excessive, unaccountable authority in its dealings with tribes. Pommersheim argues that the Supreme Court has strayed from its Constitutional roots as well, consistently issuing decisions over two centuries that have bolstered federal power over the tribes. Closing with a proposal for a Constitutional amendment that would reaffirm tribal sovereignty, Broken Landscape challenges us to finally accord Indian tribes and Indian people the respect and dignity that are their due.

In 1959, the Supreme Court ushered in a new era of Indian law, which recognizes Indian tribes as permanent governments within the federal constitutional system and, on the whole, honors old promises to the Indians. Drawing together historical sources such as the records of treaty negotiations with the Indians, classic political theory on the nature of sovereignty, and anthropological studies of societal change, Wilkinson evaluates the Court's work in Indian law over the past twenty five years and considers the effects of time on law.

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.

First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.

A comprehensive resource on the formation of tribal business entities. Hailed in Indian Country Today as offering "one-stop knowledge on business structuring," the Handbook reviews each type of tribal business entity from the perspective of sovereign immunity and legal liability, corporate formation and governance, federal tax consequences and eligibility for special financing. Covers governmental entities and common forms of business structures.

In the “tribal moment in American politics,” which occurred from the 1950s to the mid- to late-1970s, American Indians waged civil disobedience for tribal self-determination and fought from within the U.S. legal and political systems. The U.S. government responded characteristically, overall wielding its authority in incremental, frequently double-edged ways that simultaneously opened and restricted tribal options. The actions of Native Americans and public officials brought about a new era of tribal-American relations in which tribal sovereignty has become a central issue, underpinning self-determination, and involving the tribes, states, and federal government in intergovernmental cooperative activities as well as jurisdictional skirmishes. American Indian tribes struggle still with the impacts of a capitalist economy on their traditional ways of life. Most rely heavily on federal support. Yet they have also called on tribal sovereignty to protect themselves. Asking how and why the United States is willing to accept tribal sovereignty, this book examines the development of the “order” of Indian affairs. Beginning with the nation’s founding, it brings to light the hidden assumptions in that order. It examines the underlying deep contradictions that have existed in the relationship between the United States and the tribes as the order has evolved, up to and into the “tribal moment.”

The arrival of European and Euro-American colonizers in the Americas brought not only physical attacks against Native American tribes, but also further attacks against the sovereignty of these Indian nations. Though the violent tales of the Trail of Tears, Black Hawk's War, and the Battle of Little Big Horn are taught far and wide, the political structure and development of Native American tribes, and the effect of American domination on Native American sovereignty, have been greatly neglected. This book contains a variety of primary source and other documents--traditional accounts, tribal constitutions, legal codes, business councils, rules and regulations, BIA agents reports, congressional discourse, intertribal compacts--written both by Natives from many different nations and some non-Natives, that reflect how indigenous peoples continued to exercise a significant measure of self-determination long after it was presumed to have been lost, surrendered, or vanquished. The documents are arranged chronologically, and Wilkins provides brief, introductory essays to each document, placing them within the proper context. Each introduction is followed by a brief list of suggestions for further reading. Covering a fascinating and relatively unknown period in Native American history, from the earliest examples of indigenous political writings to the formal constitutions crafted just before the American intervention of the Indian Reorganization Act of 1934, this anthology will be an invaluable resource for scholars and students of the political development of indigenous peoples the world over.

"Like the miner's canary, the Indian marks the shift from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith," wrote Felix S. Cohen, an early expert in Indian legal affairs. In this book, David Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. He offers compelling evidence that Supreme Court justices selectively used precedents and facts, both historical and contemporary, to arrive at decisions that have undermined tribal sovereignty, legitimated massive tribal land losses, sanctioned the diminishment of Indian religious rights, and curtailed other rights as well. These case studies—and their implications for all minority groups—make important and troubling reading at a time when the Supreme Court is at the vortex of political and moral developments that are redefining the nature of American government, transforming the relationship between the legal and political branches, and altering the very meaning of federalism.