"Gayaneshagowa"

Long before the European invasion, Native American’s were theoretically the first settlers of America continent.

Basic theories about how they settled at the first place.

          ·         Exotic proposition

          ·         Scientific proposition

However, there is not any convincing evidence.

“The fact that native people inhabited in America long before the European invasion must be essential in decision making of the U.S. government.”

There are three different government systems among native tribes

          ·         Original indigenous governments

          ·         Contemporary constitutional governments

          ·         Transitional constitutional governments.

“Many of indigenous governments (in time) metamorphosed from original to transitional to contemporary.”

Original Indigenous Governments

There are indigenous governments still exhibit original and traditional structures, which are linked directly to ancient times and often are settlers from the North America continent (of course with some adoptions).

Language represents native culture as well as the diversity in natives. In North America, there are twelve quite distinct and unrelated linguistic groups.

Europeans categorized Indians into three

       ·         The missionary

       ·         The Machiavellian

       ·         The classical

“During colonial period, the protocols and ceremonies of Native people’s language of diplomacy were rarely European BECAUSE the hierarchical-feudal system of European diplomacy was not translated well on natives.”

The Iroquois Confederacy

The Haudenosaunee (Iroquois League) – formed b/ AD 1000-1500 – in present days, they are located upstate New York and part of Canada.

       ·         The most sophisticated and the most powerful indigenous government

       ·         Developed the 1^th Federal Constitution on the American Continent

       ·         Established the democratic ideas and principles of initiative, recall, referendum, equal suffrage, checks and balances, specific delegations of war and peace responsibilities.

       ·         The idea of being foster unity (probably) influenced American democratic thought.

The central governing unit was the Council that has 50 seats filled by chiefs,

(The internal sovereignty of each nation was respected)

       ·         The Older Brothers: The Mohawk (9) and the Seneca (8)

       ·         The Younger Brothers: The Oneida (9) and the Cayuga (10)

       ·         Keepers of the Fire: the Onondaga (14)

Historic values and Traits

Particular aboriginal values and structural traits helped the system of governance to be stronger.

         1)     The idea of kinship group or household 

         2)     The idea that individual or personal autonomy

         3)     Emotional-spiritual-physical connection to homeland

         4)     (Nearly) no separation b/ political world and spiritual world

         5)     Sovereignty vested in the community

         6)     Males – political leader positions, females – the center of aboriginal social life and political organizations

         7)     The primary thrust of aboriginal government – more judicial

Transitional Constitutional Governments

Indian Reorganization Act Governments in 1930 mostly known as the contemporary constitutional governments. In 1800’s even if there were a number of traditional Native Governments, which survived, they were spoiled in the end of the century. It has three reasons:

-          Contact with European culture

-          Removal and placement of tribes

-          Establishment of the powerful Indian Agent system by the federal government.

(Only a few groups and most notably Pueblos achieved to escape to this spoil and keep their traditional government)

The Pueblos & other indigenous people in the Southwest have faced different degree of embodiment by 4 state societies:

-Meso-American states societies

-Spain

-Mexico

-The U.S

The Cherokee : A Case Study

Their common cultural traditions shaped their lives. Because of their ethnic heritage, there was no government and people generally governed by clan laws and town councils. There were 3 factors was founded to not have a central government of Cherokees:

1-factional conflicts

2-linguistic troubles

3-historical tradition

When whites entered their territory they bring disease and changes such as trade goods, missionaries and competition among European states. One scholar said that : “ …in the first three decades of the 19^th century , Cherokee reorganized their economy  and political structure. Farming  and animal husbandry replaced fur trading as the most important economic activities…”(p60) By 1827,the Cherokee had accepted a republican style of government with a bicameral legislature and a court system.

-Indian Removal Act – “Trail of Tears”

Other Tribes in Transition

On the Navajo Reservation, John G. Hunter developed a local government , which also called as a “ chapter government”. In this government they became together to discuss local issues like irrigation, livestock improvements and agriculture. Chapters were local organizations, composed and directed by people who share common interests.

Contemporary constitutional governments

This part talks about the congressional investigations about the living conditions of Indians. These investigations challenged the federal Indian Policy. Of course with the direction of John Collier who is the head of BIA. The aim was to reconstruct tribal governments and the improvement of economic life, resources and some basic civil rights.

One example is Leavitt Act of July 1, 1932 which dealt with Indian irrigation projects. And some other acts dealt with other different issues as you can see on page 62.

The Indian Reorganization Act (IRA) of June 30,1934 was one of the most important federal laws ever enacted in so far Indians are concerned.

Now to talk about the IRA, according to Senator Burton Wheeler, IRA had some basic purposes and benefits like stopping limiting reservations, providing land for landless Indians, allowing tribes to organize their own business corporations, establishing financial credits and employment in BIA.

But the section 16 was the most crucial: It gave Indian tribes, which live on the same reservation, rights to organize its own common welfare and a chance to adopt a constitution and by-laws.

IRA gave 1 year to tribes to vote on the provisions. In 1935 they gave another year but the problem was, they could only vote once and couldn’t change their decision. In the end, 181 tribes accepted and 77 rejected.

However, there were 3 controversies. 1 the IRA was to be considered adopted if the majority of Indians didn’t vote against its application. So they had to vote against it. Who did not vote was counted as yes. 2 the act followed one-time vote for entire reservations but more than one ethnic tribal nation inhabited a single reservation and it lead to a confederated status of a number of tribes. So the preexisting governing structures collapsed into a single constitutional type government. 3 there was a problem with the order. The question was whether a tribe had to have land before it could adopt a constitution or weather a constitution could be approved with the land transferred later.

Because of the disorganization of indigenous governments during the previous decades and the Western constitutional approach, the newly revived tribes could not always put parameters for their own governments. Also any amendments of the tribes were also subject to the approval of the secretary of the interior. So we can see the domineering presence of BIA.

We see that the native nations struggled in the late 30’s and 40’s. Then comes the termination period of 1950s. in this period, law makers sought to eliminate reservations and accelerated the assimilation of Indians. A number of tribes, bands & California rancherias were terminated although it was a short-lived period. By the mid 1960s the termination continued to haunt tribes.

What native nations going through beside the fear of termination was poverty, poor education, poor health conditions, inadequate housing conditions and lack of communication facilities. Mamie Mizen (who is a staff member of the Senate Appropriations Committee) wrote annual reports that showed how difficult life was on reservations in all-socioeconomic aspects. 

Important happenings which are The Area Redevelopment Act, Economic Opportunity Act, Great Society Welfare programs, Civil Rights Movement and the Red Power Activism lead tribes involving in the federally funded programmes.

To be eligible for federal programs like Area Redevelopment Act tribes had to assure the federal agencies that they would administer the funs impartially and without the difference of rage, ethnicity and gender.

In 1968 Congress enacted the Indian Civil Rights Act which imposed certain constitutional norms to reservation residents. But of course the rights guaranteed by the Bill of Rights and 14^th amendment were inapplicable because of their preexisting sovereign status. And one primary purpose was to protect individual rights of all persons on the reservations. 

STRUCTURES& FUNCTIONS 0F CONTEMPORARY CONSTITUTONAL GOVERNMENTS

  IRA had no effect on stabled Powers in the native nation. But added some powers and recognition of those Powers that the tribes were allowed to be exercised without the approval of the secretary.

Ø  The Powers were: Right to veto about the tribal funds or assets,

Ø  The inheret Powers were contained of;  recognition of a tribe’s right to choose from it’s own goverment

Ø  Fort Peck Reservation

Ø  It was a reservation that activated in the congress of 1888, at home of the two bloody enemy Indian nations.  Assiniboine and Yanktonai Sioux. What they’ve done by Fort Peck was to put two tribes in the same area and force them to live within the borders of the reservation. So, they began to compete with each other.

Ø  At 1927, both of the tribes were adopted a constitution and formed a general council legislative body that allowed the entire electorate to debate. At 1934, they rejected IRA, due to the previous constitution

Navajo Nation’s president system There was a system in all Indian Courts executive function.  Navajo nation had adopted the president system. Navajo nation had a chief of execution whom called ‘Tribal Chairman’ until 1989.  Due to the chaos and political disorders, they changed the system of organic and tribal codes to put them into amandmends in order to give more power to the president. These amendments created the president and his position.

Crow Tribal Court (judicial)The Crow tribal court was a creation of the tribe’s legislative body. The general council lacked clear independence. The court based on a 3 member court, judges elected by the general council’s membership, they serve 4 years.

Tribal Councils( legislative)There were 3 board functions that nations used when it comes to law and politics, which were the tribal council, tribal chair and tribal court. Every tribe had an executive & legislative branch but some lacked judicy. In most nations, council members served 2-4 years and they were required to satisfy the services in the elected councils. Some of the duties were;Establish justice and provide tranquillity. Councils were also given powers, different than duties, one example of the power was Money and funds.

Tribal Chairs (executive) All tribal constitutions provide for a chair person.The chair in the tribals performed the executive function of the tribal gov. which involves the Daily operations of the administrations and decisions about the system.  The chair was the head of the goverment and his powers defined by the law and tribal constitutions. The chair also gains his power ;from the traditions and the prestige of the position.  His duty was to; negotiate and hold meetings with BIA. The chair was chosen by the council’s vote or by the electrorate.

 Tribal Courts (judicial) In contemprorary era, judicial was used more than legislative in nature. Their system was based on harmony and balance. Tribes had their very own system of lawn and power long ago they met Europeans and americans. The force of the assimilation made them to change their styles.

Traditional Courts: Used mostly at the 20th century to avoid from violance and reconcile for civil disputes. Courts mostly consists of ;Elders,Tribal chief,Religious leader and a warrior leader. These courts were handled, misbehaviour ,loss or restriction. At the end, they forget and kept living on harmony.

Courts of Indian Offenses These courts established in early 1880. They operate under the guidance of the code of federal regulations. The main aim of the courts was to educate Indians with the Euro-American way, and operated it through the 2/3 of the Indian reservations. Therefore Indians became individuals when it came to property. So this ‘education’ caused problems inside the nation. Today there are 20 CFR courts.

Modern Tribal Courts Tribal constitutions which organized under the IRA. Many tribal constitutions contained language, idea and other aspects which were away from tradition.  treated different to every nation while not providing any seperation among them. ICRA and U.S’s Bill Of Rights pushed the tribal judges more in a direction that resembles non-Indian courts. As a result, tribal courts had gained many of the Western ways and they’ve ‘modernized’. Yet there are important differences between tribal courts and non-Indian courts; Their judges mostly receive legal training from NAICJA, since they had ‘colonial’ origin, they must create the balance between tribal members and tribal councils.

In 1993, Indian Tribal Justice Act created and authorized the federal gov. About developing the justice systems. Indians experienced double violence than non-Indians experienced in USA. Between 25-34 aged Indians, the rate of violent crime victimization was more than the other hate crimes and they usually got attacked by the white.  They got support from organizations such as Low Enforcement Assistant Administrations. Interpreting into one to another is the ability of these courts.

Alaska National Governmental Organizations

Alaska Natives, which include American Indians, Inuit and Aleut had very little contact with whites before or even after Russia left Alaska to the U.S. in 1867. With the Indian Naturalization Act of 1924, they included the Eskimo, Aleut and Indians of the Alaska territory. The purpose was, Eskimos and other aboriginal people from Alaska considered as Indians.

-Tee –Hit-Ton v. United States – Alaskan Natives started to lose their land because government seen their land as “unrecognized”.

-The Alaska Statehood Act of 1958 –authorization of 108 million acres of public land, hunting & fishing territory was based on Alaska’ admission as a state.

-Alaska Native Claims Settlement Act (ANCSA) 1971 – Alaskan Natives had a claim to have of all land in Alaska, surface and subsurface, which based on their aboriginal use and occupancy of it.

Issues Confronting Native Government

Tribal governments have often faced pressure to modify or the prospect of legal termination BECAUSE of federal dominance.

The courts, the Congress, the President, the BIA, state governments…

Politics of Scarcity – extreme social problems and economic poverty pushes to seek eternal help; reliance on outside help: compliance with outside regulations and acceptance of other forms of interference

Politics of Interference – socioculturally based: within the tribal membership; governmentally based: from the outside

                                                                          ***

In Civilize Them With a Stick ,Mary Brave Bird talks about how Indian Boarding Schools affected many Indian Children making them helpless ,defenseless and trying very hard to survive. Almost like Nazi concentration camp and some children even tried to kill themselves. These schools' main purpose was about assimilation of Indians into and be a part of society.

Questions to think about !

*we all learned about the acts and projects that 'aimed' to help natives, then comes the termination period leading native tribes to be terminated. Do you think this is surprising? If not, why do you think the U.S. government gave some kinds of hopes to Natives?

* why do you think Americans tried to assimilate Indian children using boarding schools considering Mary Brave Bird's text, what would you if you were one of Indian children?

Works Cited
*Bird, Mary Brave. "Civilize Them with a Stick." (1990). Print
*Wilkins, David Eugene. "Indigenous Governments Past,Present,and Future." American Indian Politics & the American Political System. 51-82. Print.
*"Mary Brave Bird." Native North American Biography Edited by Sharon Malinowski and Simon Glickman. Web. 30 Nov. 2014. <http://www.manataka.org/page416.html>.

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