1. Tribal Government
Unit 5 Lecture 4

2. Objectives and Standards

3. 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,

4. 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?

5. 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:
US Constitution :

6. 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:
Worcester v Georgia :

7. 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:
Indian Citizenship Act:
Indian Reorg Act:
Arizona Voting Rights Harrison v Laveen :
Arizona Water Settlement Act:
Cobell v Salazar Details :

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

9. 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

10. 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

11. 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:
Navajo Council:
Navajo President:

12. 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:
Navajo Chapter Houses/Local Government: and

13. 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 :
Yavapai Apache constitution:

14. 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:

15. 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,

16. 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?