The Ups and Downs of Tribal Sovereignty
Alton Good Plume
In the beginning of this nation called The United States of America, sovereignty already existed in this land. Today, there are around 300 Tribal nations still practicing their sovereignty. In the book, written by Charles Wilkinson, “Blood Struggle: The Rise of Modern Indian Nations”, he quotes a French philosopher Jean Bodin about sovereignty being power derived from God and it is supreme and absolute, it cannot be divided up. Through the years, Tribal Sovereignty has been limited by Congress because of the violations of treaties with Native Nations and the United States government. To truly understand where tribal sovereignty stands today, it is wise to go back into the beginning of the relationship between Europeans and the Indian Nations.
In 1492, Christopher Columbus “discovered” America. He went back to Spain and in 1493 came back with a doctrine of discovery generally stating that if the land was not owned by recognized Christians they had the right to claim the land. Tonya Gonnella Frichner, states:
"It began in 1492 when the Europeans arrived on this great Turtle Island that the rest of the world calls North and South America. A tradition followed the Europeans to our shores based on fifteenth-century Catholicism. Coming out of that tradition were edicts and papal rules that gave permission to Portugal, in 1455, and Spain in 1493, to conquer- which meant to take away property, and to convert the pagans, the infidels-all those of us who happened to be the indigenous peoples of the Western world.” (Smith)
In 1823, the Supreme Court stated, “Discovery and conquest gives the conquerors sovereignty over and ownership of the lands thus obtained” (Pevar 59). This gave the United States entitlement to claim the land which we know as the United States today. Before the United States became a nation, they were still part of Great Britain. Powerful Indian nations played a huge part in the wars that took place at that time.
Foreign people were coming from all parts of Europe to the “promised land” in order to start a new life. Without the help of Indian people, Europeans would have not survived in the “New World”. In 1763, the “French and Indian Wars” ended. After the victory, the English king, appreciative of the tribes’ allegiance, issued a proclamation deigned to sharply limit the taking of additional Indian land by the colonists (Pevar 5). The Iroquois Confederacy was very powerful at that time. What would follow at this point in history would mark the existence of a new nation; The United States of America.
When the king told the colonist not to take land from the Indian nations, they ignored his proclamation. This sparked off a revolutionary war, which in the end, the colonist’s endured victory. “The Indian nations were militarily powerful and still a threat to the young United States” (Pevar 6). This caused the United States to issue the Northwest Ordinance of 1787 declaring, “The utmost good faith shall always be observed towards Indians; their land and property shall never be taken from them without their consent”. The relationship between Indian nations and the United States had equal status as sovereign nations. The people of the United States did not agree with its government decisions that must had been influenced by Christianity faith.
The Christian faith influenced the government to make religious doctrines implemented within the Supreme Court decisions referring to the entitlement of the land of the United States. Frichner states, “They were religious doctrines… adopted by the United States… Supreme Court decisions… The foundation of that disrespect came to our shores under the guise of Christianity, and we need to deal with those issues (Smith 138). This right here was the destruction of Indian nation’s sovereignty at its finest hour. An example of this concept was the Trial of Tears that consisted of the Indian Removal Act that was passed by Congress in 1830. As the United States moved westward, more decisions would be made to try and eliminate sovereignty among many nations of people.
In the years to follow, more Acts passed by Congress would down size segregated areas for Indian nations. Attempts to educate, civilize, and assimilate Indians was the United States answer to the “Indian problem”. In 1887, Congress passed a law that prohibited federal officials from making any additional treaties with Indian tribes (Pevar 8). The violations of treaties became rampant by Congress, Presidents, and the majority of the people of the United States. In 1934, the Indian Reorganization Act was passed by Congress. This was beneficial to Indian nations because they were able to govern themselves. But the most detrimental attempt to do away with Indian nations was to come.
In 1949, President Hoover’s Commission recommended that the best solution for Indian nations was to integrate them into mainstream society. In 1953, Congress adopted House Concurrent Resolution No. 108, which declared that federal benefits and services to Indian tribes should be ended “as rapidly as possible” (Pevar 11). The effect of this policy was devastating to the Indian people. This is the time when Indian leaders came together to dispute decisions like this.
In 1944, the National Congress of American Indians was founded. This was established to defend the rights of Indian people and enforce treaty rights. Even though this was established, Wilkinson quotes Richard Trudell:
“In the 1940s and 1950s, when I was growing up, there just weren’t any models…entire generations were social casualties, no parenting skills, no sense of what a family was… boarding schools taught them their Indian side was no good and gave them nothing but a cold, institutionalized life.” (Wilkinson 296).
Another quote from Leonard Peltier from his book, “Prison Writings; My Life is My Sun Dance”, reflects on what it did for him when he heard about termination:
“The attempt to destroy us had only made us stronger, more aware, more dedicated. Every single one of us was willing to lay down our life for our cause, which was the very survival of Indian people.”
The termination era was the best attempt in the world to destroy the existence of a people. In the late 1960s, Indian people would show the world that their existence was here to stay.
The reaction to the violation of treaties was among other reactions to violation of civil rights. At that time the African Americans were establishing a civil right movement for their people. The American Indian Movement (AIM) was the treaty rights movement for the Indian people. On November 20th, 1969, some eighty Indians, young and old alike, set out in broad daylight abroad a ragtag collection of vessels for the Island of Alcatraz (Wilkinson 133). In order to protect fishing rights, hunting rights, and treaties the people needed to make a stand but at the same time needed educated people to deal with the complicated paperwork and politicians.
Self-Determination was on the Indian peoples mind since they started to hear about termination and relocation. The Office of Economic Opportunity projects injected Indian Country with a confidence and determination not seen since the creation of the reservation system (Wilkinson 193). In this determination came the work sovereignty. The word sovereignty had been revitalized through survival. Presidents started to recognize the treaties and sovereignty of the tribes. There are still treaties that have been broken and not honored by the United States. The Indian nations started to establish organizations and governmental structure within their sovereignty.
Education had been a problem in the relationship among the United States and Indian nations. According to Wilkinson, some tribal leaders asked, “Why don’t we control our own educational system?” Navajo moved first (Wilkinson 281). This was in the minds of the leaders because they saw it as very beneficial to their people. On July 17, 1968, the Navajo tribal council founded the Navajo Community College (NCC). Other Tribal colleges would follow on other reservations.
Another tribal college that not only serves its nation, but nation’s within its regional territory. Northwest Indian College (NWIC) was established in 1983 and the main location of the college is on the Lummi nation reservation. The NWIC has several sites located on neighboring sovereign nations within its region. NWIC Tulalip campus’s efforts, with the help of Tulalip tribes funding resources, established a community literacy project. According to Frescobaldi-Grimaldi, Site Manager Brooke Waite-Kellar noted, “The Tulalip Tribes commitment to family unity and literacy is reflective of cultural values that promote healthy families, a strong community and education”. This is also a reflection of how tribal sovereignty serves people in the best way possible when it comes to education. Without tribal sovereignty, none of this would have been possible. Another problem was to tackle the poverty level among Indian nations.
The economic disputes engaged among US citizens/communities that are near reservations had always been an issue. In 1988, Congress passed the monumental Indian Gaming Regulatory Act (Wilkinson 335). This allowed Tribes to establish Casinos as a means for economic growth. It was not about competition among its neighboring communities but a means to come out of poverty. Some tribal casinos have been more successful than others over the years.
One of the examples of economic growth and contribution from a tribal sovereignty is the Tulalip Tribes casino. In 2009, the Tulalip Tribes contributed to 225 nonprofit organizations that received $4.3 million in grants from the Tulalip Charitable Fund (Frescobaldi-Grimaldi). The contribution’s not only help tribal nonprofit organizations but also donates money to surrounding communities and organizations as well. Tribal sovereignty played a major role in education and economic growth, at the same time fighting to practice their spiritual beliefs.
Within the boarding schools, Indian children were brainwashed to think that being Indian was no good. Christian religion and the English language were forced upon these children. According to the 1924 Memorandum of the Convention of Catholic Principals declared: “All true civilization must be based on moral law, which Christian religion alone can give. Pagan superstition could not…” (Reyhner). This was the conception of Indian spirituality at that time in history.
President Bill Clinton signed the American Indian Religious Freedom Act Amendments of 1994, which was also known as the Public Law 103-344 on October 6, 1994 (Smith). A couple decades before this was signed, Indians did not think that they would ever be able to practice their ceremonies. Religion was not just a church to go and pray but a way of life. The ceremonies were in place to help sustain their humanity and sustain sacred sites. Tribal sovereignty had been recognized in the past few decades when in the past it was considered dead.
As the world moves into this new millennium tribal sovereignty has made some drastic changes to sustain their culture. Tribal nations can still be abolished at any time by Congress. Tribal sovereignty may be limited but Indian people do have more freedom to sustain traditional ways. Tribal sovereignty is empowerment to all tribal governments.
Worked Cited
Frescobaldi-Grimaldi, Zacchoreli. "The Winning Proposition: Regional tribal casino give back to community at large." Bellingham Alive: 360 North Sound Living. Bellingham: Lisa Karlberg, June/July 2011.
Peltier, Leonard and Ed. Harvey Arden. Prison Writings: My Life is My Sun Dance. New York: Crazy Horse Spirit, Inc., 1999.
Pevar, Stephen L. The Rights of Indians and Tribes: The Authoitative ACLU Guide to Indian and Tribal Rights. New York: New York University Press, 2004.
Reyhner, Jon and Jeanne Eder. American Indian Education: A History. Norman: University of Oklahoma Press, 2004.
Smith, Huston. A Seat at the Table: In Conversation with Native Americans on Religious Freedom. Berkeley: Univeristy of California Press, 2006.
Wilkinson, Charles. Blood Stuggle: The Rise of Modern Indian Nations. New Yord: W.W. Norton and Company, 2005.
Bibliography
Frescobaldi-Grimaldi, Zacchoreli. "The Winning Proposition: Regional tribal casino give back to community at large." Bellingham Alive: 360 North Sound Living. Bellingham: Lisa Karlberg, June/July 2011.
1. Present day evidence on how tribal sovereignty has helped support community and surrounding non-tribal communities. (economics)
2. Tribal Casinos is a result of tribal sovereignty and has helped Native Americans deal with poverty. (economics)
3. Tribal Colleges like Northwest Indian College have been very beneficial to the tribes by being cultural based in their regional areas and specific tribes. (Education)
4. Zacchoreli explains the impact of the tribal casino's revenue and economic support casinos provide to surrounding non-Indian communities. (economics)
5. The Tulalip reads for unity project was funded by NWIC and Tulalip Tribes charitable fund which shows economic growth for sovereign nations. (economic)
Gifis, Steven H. Law Dictionary. Hauppauge: Barron's Educational Series, Inc., 1991.
6. The Law definition of sovereignty and sovereignty immunity.
.
Peltier, Leonard and Ed. Harvey Arden. Prison Writings: My Life is My Sun Dance. New York: Crazy Horse Spirit, Inc., 1999.
7. 1959 Leonard Peltier recalls the time when his mother moved off the reservationwith the help of the United States government's relocation program. This is an account of the termination act of . Leonard Peltier is a political prisoner because he fought for his people's sovereignty. The Northwest Fishing riights (chapter 19). (social)
8. "The attempt to destroy us had only made us stronger, more aware, more dedicated. Every single one of us was willing to lay down our life for our cause, which was the very survival of Indian people." (social)
9. Leonard recalls the social dynamics of conversation being transformed from white man's term like termination and relocation to Indians using words like sovereignty, treaty rights, return of ancestral lands. chpater 20. (Social)
Pevar, Stephen L. The Rights of Indians and Tribes: The Authoitative ACLU Guide to Indian and Tribal Rights. New York: New York University Press, 2004.
1. Northwest Ordinance in 1787 declared: "The utmost good faith shall always be observed towards Indians; their land and property shall never be taken form them without their consent. (Political) *
2. No laws were passed to respect tribal sovereignty. (pevar) (political)
3. Termination gave the states the control they wanted (11).
4. Since the late, 1960s, Congress for the most part has promoted tribal sovereignty and autonomy while at the same time recognizing and honoring its obligations to safeguard and enhance the welfare of Indian people.(12)
5. In 2000, President Clinton issued an executive order that requires all federal agencies to conduct their business with tribes on a "government-to-government" basis, respectful of tribal sovereignty. (Pevar 13).
6. Revolutionary War. "French and Indian Wars" *
7. In 1763, the English king, appreciative of the tribes' allegiance , issued a proclamation designed to sharply limit the taking of additional Indian land by the colonists. (Pevar 5). *
8. In 1953, Congress adopted house Concurrent Resolution No. 108, which declared that federal benefits and services to Indian tribes should be ended "as rapidly as possible" (Pevar 11).*
9. "Discovery and conquest gives the conquerors sovereignty over and onwership of the lands thus obtained."(59)*
Reyhner, Jon and Jeanne Eder. American Indian Education: A History. Norman: University of Oklahoma Press, 2004.
1. "…policy of Congress, as rapidly as possible, to make the Indians within the territorial limits of the United States… to end their status as wards of the United States… grant them all the rights and prerogatives pertaining to American citizenship. (Quoted in Prucha: 1984, 1044) (Termination) (political, social)
2. The "final solution" Congress came up with for the "Indian problem" was to let the Indians become "free" by terminating their reservations. (Reyhner, Eder) (Political, social)
3. However, educated Indians were organizing to defend their righ