Tribal Government Unit 5 Lecture 4

Objectives and Standards

Bell Questions What is one activity banned by Arizona but allowed on some native reservations? What is one activity allowed by Arizona but banned on some native reservations? Banned by Arizona Examples: Gambling, selling gasoline and cigarettes without certain taxes Banned by native nations: Alcoholic Beverages,

Questions to Answer How/why are rules different on reservations? What issues do AZ native nations have in common? How do native nations structure their government? How are tribal members and non-tribal members effected by laws governing tribes?

Historic Background British made many treaties (legal agreements) with native nations prior to US Independence on the basis of equal sovereignty Earliest treaties between Jamestown and Powhatan Confederacy starting 1609 Treaties usually covered Boundaries Payment for lands Rules for trade Rules to solve disputes United States followed British precedent but limited native sovereignty in US Constitution US-Native treaties part of US “supreme law of the land” US Constitution Article 6, Clause 2 Treaties made by US President, with 2/3 approval of Congress Article 2 Section 2 Congress has right to regulate trade with tribes Article 1 Section 8 Congress can make laws for territories (including reservations) Article 4 Section 3 Delaware Treaty:http://avalon.law.yale.edu/18th_century/del1778.asp US Constitution :http://archives.gov/exhibits/charters/constitution_transcript.html

Evolution of Native Sovereignty Native Sovereignty extinguished Cherokee v. Georgia 1831 “Domestic, Dependent Nations” Essentially US Government took legal control over all aspects of native government via Bureau of Indian Affairs But somewhat revived Worcester v Georgia 1832 “The Cherokee nation, then, is a distinct community, occupying its own territory, with boundaries accurately described, in which the laws of Georgia can have no force, and which the citizens of Georgia have no right to enter but with the assent of the Cherokees themselves, or in conformity with treaties and with the acts of Congress. “ States could not take legal control over native government Cherokee Nation v Gerogia: http://www.mtholyoke.edu/acad/intrel/cherokee.htm Worcester v Georgia :http://www.law.cornell.edu/supct/html/historics/USSC_CR_0031_0515_ZS.html

Evolution Ctd. Native Title Over Water Rights recognized Winters v United States 1908 “Prior and Paramount rights to all water resources which arise on, border, traverse or underlie a reservation” Indian Citizenship Act 1924 Allowed natives to keep both tribal and US citizenship Previously Natives gave up tribal to get US citizenship Indian Reorganization Act 1934 Authorized Tribes to write constitution, begin self-governance under Bureau of Indian Affairs Arizona Voting Rights (Harrison v Laveen) AZ Supreme Court (1948) Overturned AZ Law banning Native American Voters Indian Gaming Regulatory Act 1988 Clarified/confirmed tribal sovereignty over gambling Directed tribes to negotiate gambling rules with states Arizona Water Settlements Act 2004 Finally Settled Outstanding Tribal Claims in recognition of Winters decision! BIA Trust Mismanagement Case 2010 Allotted 3.4 billion to settle case vs. BIA mismanagement of Indian Trusts Ended Cobell v Salazar et. Al. Winters V US: http://www.utulsa.edu/law/classes/rice/USSCT_Cases/Winters_v_US_207_564.htm Indian Citizenship Act: http://www.nebraskastudies.org/0700/frameset_reset.html?http://www.nebraskastudies.org/0700/stories/0701_0146.html Indian Reorg Act: http://www.cskt.org/documents/reorganizationact.pdf Arizona Voting Rights Harrison v Laveen :http://az.findacase.com/research/wfrmDocViewer.aspx/xq/fac/SAC/AZ/1948/19480715_0040021.AZ.htm/qx Arizona Water Settlement Act: http://www.gpo.gov/fdsys/pkg/PLAW-108publ451/pdf/PLAW-108publ451.pdf Cobell v Salazar Details :http://www.cobellsettlement.com/

Current AZ Boundaries of Native Reservations Map: AZ Dept of Transportation

Tribal Government in Arizona Today Native Nations Ultimate Authority over Tribes is US Constitution Executive Branch Bureau of Indian Affairs manages federal benefits Tribal constitutional governments have concurrent powers with federal, state, county, city and local governments provide benefits to resident Native Americans, protect tribal sovereignty Native Americans Concurrent rights as US citizens Residents of states for US Census, state benefits if living off reservation States provide driver’s licenses Can hold tribal, county, state and federal office Exempt from state tax in certain cases

Tribal Governance Overview Three Branch Style Legislature, Executive and Judicial branches modeled on US Constitution Used with larger nations, and with multi-nation reservations Example: Navajo Nation Tribal Council Style Unitary government with Chairman elected from within council board Used with smaller nations Example: Yavapai-Apache

Example: Navajo Nation 24 member Legislative Council in Window Rock AZ Speaker is Daily Leader 2011 session dealt with transport, health and gambling issues Council sets elections All registered tribal members can vote, regardless of location President Ben Shelly Elected 2010 Head of Executive Branch Head of 11 Divisions Education Public Safety Economic Development Navajo Vote:http://www.navajoelections.navajo-nsn.gov/ Navajo Council:http://www.navajonationcouncil.org/index.html Navajo President: http://www.president.navajo-nsn.gov/president.html

Navajo Example Ctd Judicial Branch based on US and tribal Law Diné bi beenahaz'aanii Dine language protected and promoted Society organized by clan rules Religion supported/promoted Courts promote restoration of relationships Modern Legal Code Bound to Dine Traditional Law Local Government Organized into 110 “Chapters” (local govs) Provide local services and education Public safety Ensure opportunity for government participation Voting polls Central offices for rural areas Navajo Courts:http://www.navajocourts.org/ Navajo Chapter Houses/Local Government: http://www.navajochapters.org/ and http://dine.sanjuan.k12.ut.us/heritage/people/dine/organization/government/chapters.htm

Yavapai-Apache Example Unified Legislature and Executive Chairman and Vice-President elected from among 9 person council Develop laws, codes and ordinances Judicial branch Issues injunctions, habeas corpus, review of laws CAN issues writs of Mandamus forcing executive to act Yavapai Apache Gov :http://www.yavapai-apache.org/government.html Yavapai Apache constitution: http://thorpe.ou.edu/constitution/Yavapai/YAconst.html

Tribes to non-tribal persons Tribes can Make rules concerning behavior and residence requirements Give preference to tribal members over outsiders Make separate rules for tribal members vs outsiders Hopi photography ban No alcohol sales to tribal members Tribes cannot Violate US Constitution or US Laws Deal directly with states or each other unless authorized by Congress Authorize tribal members to cross international borders onto adjacent reservations Tohono O’odham tribe extends into Mexico Travel Across Borders: http://www.dhs.gov/ynews/releases/pr_1257272243349.shtm http://www.tonation-nsn.gov/history_culture.aspx

Bell Questions Why are some activities banned by Arizona allowed on some native reservations? Why are some activities allowed by Arizona banned on some native reservations? Banned by Arizona Examples: Gambling, selling gasoline and cigarettes without certain taxes Banned by native nations: Alcoholic Beverages,

Questions Answered How/why are rules different on reservations? What issues do AZ native nations have in common? How do native nations structure their government? How are tribal members and non-tribal members effected by laws governing tribes?