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The case of native sovereignty
Indigenous law rights to land
The case of native sovereignty
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Coeur d'Alene Tribe The Coeur d'Alene Tribe is located in the upper panhandle of Idaho, approximately 15 miles south of the city of Coeur d’Alene. The Coeur d' Alene Tribe operates under a democracy form of government. The tribal members have the right to elect their tribal government representatives on the first Saturday in May of each year. The three candidates receiving the highest number of votes will hold office for three years. The two candidates that get the next highest votes hold office for two years. The next two candidates receiving the next highest votes hold office for one year. Therefore elections will be held every year for two candidates. Any enrolled member of the tribe over the …show more content…
age of twenty-one years old will be able to vote. Through this process of voting, tribal members are regularly given the ability to hire or fire their representatives. The tribal government, by majority vote, may expel or suspend any of their members for neglect of duty or gross misconduct. Before any vote is cast a member of the office must give written notice of charges against the person. By doing this they have the right to answer any questions or the opportunity to discuss charges before a final decision is made. The structure of the tribal government and its functions are as follows. Any member of the tribe is eligible for election. They must be a tribal member and must live on the reservation for one year prior to running for council. The tribal council has full authority to judge the qualifications of the members. The Chairman is elected from membership and acts as the executive branch. The Chairman attends meeting of the tribal council and of the tribe. In the event of a tie, only then is he allowed to vote. Also serves as the spokesperson for the tribe and performs all duties of a Chairman. Tribal council that is elected of seven members holds the legislative branch. Tribal government has the powers and limitations imposed by the Constitution of the United States. The Tribe is to represent and negotiate with outside agencies to conduct business. They are to administer all tribal property by ordinances only by approval of the Commissioner of Indian Affairs. The tribe is able to borrow money but only of approval by the Commissioner of Indian Affairs. They can levy license fees and taxes on members through the adoption of ordinances that are subject of approval of the Commissioner of Indian Affairs. Also to employ legal counsel and the choosing of an attorney the Secretary of the Interior has to approve and authorize the representative. The tribal council elects from the membership the Chairman, vice-chairman and the secretary-treasurer.
They are elected internally by the council to one-year terms. The Chairman presides over meetings and only votes if there is a tie. The Vice-Chairman performs the duties of the Chairman in the absence of the Chairman. The Secretary-Treasurer keeps a complete record of all matters during council and tribal meetings. They also have the duties to account for all funds coming into the Tribal Council. The tribal court system holds the judiciary branch. They handle all matters pertaining to the tribal members disputes and criminal activity. The tribal court has two full time judges, a Chief Judge and a Associate Judge. Both judges are appointed by the tribal council and they decide the length on their contracts. The Tribal Council has the power to enforce law and order of membership within the tribe through the Tribal Court system. Tribal citizenship qualifications are you must obtain one-quarter Indian blood and your parents must be a Coeur d'Alene tribal member. This is in effect to maintain tribal …show more content…
affiliations. The tribal government compared to the U.S. government are the similarities of the Constitution and how the people are governed. The tribe can only enforce law and order within the reservation boundaries, we conduct a census roll and membership eligibility. The difference between the U.S. government and the Coeur d'Alene Tribe government are the terms of offices they hold and the checks and balances that take place. In the United States each office is held accountable by the others. The Coeur d'Alene Tribal Council takes in account for their own checks and balances within the office. If a member is not fulfilling their duties they can be expelled or suspended by Council vote. Tribal Council acts as the "Legislative" branch, and they are in charge of their own checks and balances. The effectiveness of the Coeur d'Alene Tribal government is not a well oiled machine.
The constitution is organized under a constitution approved by the Bureau of Indian Affairs on September 2, 1949. The tribe has never adopted their own constitution and government the tribe as it was pre Columbian times. As a result the tribe is in disarray in my eyes. There is not unity among the members. The tribal court is a joke and not easy to work with. Tribal Council hires and fires judges and attorneys if they go against a popular families and uphold the law. Tribal Council is ran by people that were ordinary people that once in office became famous and no longer belonged to the general membership. It is as if every tribal member is for
themselves. The suggestions I have for improvement is for the tribe to adopt their own constitution that goes back to how things were ran in the beginning. I believe this would bring some change to the reservation. It would bring us together as a whole once our values are back in order. The next generation is growing up quickly and from what I see there is a lot of brain drain happening. People are leaving the reservation to obtain education and not coming back. I would like to see unity among the tribal membership. With a large majority of people that come together they can make a great change on the reservation and in the United States.
The Muckleshoot are a Native American tribe are a part of the Coast Salish people. their territory can be found located in Washington. They are recognized as the Muckleshoot Tribe, they are composed of generations of different tribal groups who inherited Puget Sound areas and occupied river drainages from the rivers confluence in Auburn to their reservations in the Cascades.
The article “The Founding Indian Fathers” by Jack Weatherford is about how the Indians contributed to the American Government and how we went off the Indians system. We see how they had a council of each of the separate nations just how we do now. We also followed how one person wasn’t allowed to hold one position and hold another so they wouldn’t be so powerful. Another thing was that in their meetings there were no interruptions when someone was speaking. The caucus was another thing that was copied. One thing that I learned was that the Chiefs of the Indians had nothing to do with the government he was to perform rituals and other ceremonies. I think the authors main point was to show how the American government derived from that of the
As Din4 people (Navajo people) our community is known as “The home Chief Manuelito’s Wife”. Chief Manuelito was a head Dine chief during the Long Walk period in 1864. In the year of 1868 Manuelito and other leaders signed a treaty act to end the period of imprisonment. Also, during this time the Navajo reservations were established. Tohatchi was one of the many communities that were established on the Navajo reservation. The Navajo reservation spreads across New Mexico, Arizona, and Utah. The Navajo Nation is known for being the largest tribe (Discovernavajo 2015). Tohatchi is located in McKinley County.
The mosh is an awesome place in Downtown Jacksonville; where everyone can learn some interesting facts about our city, how the body works , what animals are in the ocean and etc. I visited the Timucua Indian exhibit; I learned a lot of intriguing information that I didn’t know before. I learned how the Timucua Indians first came about, how the Indians lived and survived during this time period. This exhibit also showed me how the Indians looked and the way they did things. Being able to learn about the Timucua Indians is so fascinating to me.
Tulalip tribe is Indian tribe admitted by federal government, which is located on the Tulalip reservation in the mid-Puget Sound area bordered on the east by Interstate 5 and the city of Marysville. Tulalip tribe is a place where government allow the Snohomish, Snoqualmie, Skyimish, and other allied bands living in. the Tulalip tribe’s land cover 22,000 acres. The Tulalip tribe has abundant nature resources to supply their people’s normal life such as “marine waters, tidelands, fresh water creeks and lakes, wetlands, forests and developable land” ( who we are). Also, they have their unique language to communicate with their people which is Lushootseed –Coastal Salish. Because the traditional language should be extend, they have one master language
Tribal lands were not all purely native Americans. Interracial marriages encouraged the potential for bully and abuse within their own tribal lands. This encouraged formal acts of government within the tribes such as, court trials that resulted in the extension of Native American sovereignty. But it also allowed for the tribes to govern themselves “legal grey areas” which were clearly evident to the Native Americans and many conflicts arose because of the procrastination of fixing the problem at hand. Native Americans have fought against the suppression of rights and discrimination but persevered adopting new rights to vote, along with the ability to self-govern their own communities and deal with their own domestic laws under the United States of
...se. The tribe is currently building many welfare programs, educational programs, establishing health benefits, plus laying aside money to distribute to the entire tribe. The money is currently collecting interest in a trust until the Bureau of Indian Affairs gives approval to a distribution plan. The lawsuits to reclaim the land have been put on hold. The Tigua are getting what they want through the casino. They are by choice quietly buying land that is legally theirs anyway. Though they are the rightful owners, the Tigua do not wish to make a big scene. They prefer to achieve economic independence on their own, hopefully reducing the chances of being taken advantage of again. Only six full-blooded Tigua remain, and they still plow and keep their traditional lands. They continue to teach children and grandchildren how to be Tigua.
The Navajo Nation consists of Utah, Arizona, and New Mexico. The Navajoland is larger than 10 of the 50 states in America. Navajo Nation is the name of a sovereign Native American established by the Dine (1). To be en-enrolled member of the Navajo Tribe, the person requesting to be enrolled has to have a blood-quantum of one-fourth degree Indian blood. When you have one-fourth blood quantum, you get a Certificate of Indian Blood (C.I.B). In comparison some tribes require only one-thirty-second blood quantum for the Certificate of Indian Blood. The Navajo Nation Tribal Council voted down a proposal to reduce the blood quantum to one-eighth. With this proposal the Navajo Nation would have doubled the number of individuals qualified to be enrolled Navajo tribal members. Navajos define the territorial boundaries that the nation controls and define the membership by boundaries of the population that comprises the nation. The Navajos are unique in their own way; we have so many traditions, beliefs, values and teachings among out people.
They include; Executive, Legislature, General Council, and Judiciary. The General Council was created to create policies for the tribe, to look over the policies and amendments from the Legislature and Judiciary branches and to change any of the legislature decisions. Meetings are held once a year where members that are 18 and older come together to vote on policies and amendments. The Legislative branch was formed to create laws and . This branch also has the authority to buy land. The Executive Branch is assigned to the President of the tribe. This branch is made up of many administrative departments such as “Administration, Business, Education, Health, and Social Services, Heritage Preservation, Housing, Justice, Personnel, and Treasury.” (Ho-Chunk Nation 3) The Judiciary branch is primarily associated with the Tribal Court. The court is made up of a Chief Judge and fellow judges, how have the power to enforce the tribe’s constitution and it’s laws. The President of the Ho-Chunk Nation, currently Wilfrid Cleveland, represents the tribe as a whole. The President serves four years and during these four years makes the decisions on votes, to manage and dispose of laws, and to lead all meetings concerning the
Pequot tribe is a Native American nation in Connecticut State which is federally recognized by the United States government. It was recognized in 1983 by the congress and is considered to be the eighth tribe to be recognized by the United States government through congressional procedure. There are different views regarding Pequot tribe based on its past history and the tribe’s present activities. This paper deals in discussing views of various sources regarding the Pequot tribe and compares various present findings of the tribe in modern society.
The Cahuilla were a Native Southern Californian tribe that occupied the Riverside County, Higher Palomar Mountain Region and East Colorado Desert. The tribe was divided into two groups or moieties know as Wildcats or Coyotes. The Cahuilla lived in small clans that varied in population, and together all the separate clans made up a larger political group called a sib ”http://www.aguacaliente.org/content/History%20&%20Culture/.” The tribe was at first considered to be very simple and savage because they were never interacted with. As the Europeans and Spanish Missionaries considered the desert an inhospitable place that was better to avoid because of its lack of food resources. Little did those European and Spanish missionaries know that the land was ripe with food, only if you knew the land and the seasons. The Cahuilla were a very interesting tribe that cared and loved their land and in return the land would provide them with an abundance of food and resources. The Cahuilla had a very simple yet intricate life that involved a seasonal migration in order to gain access to different foods. They relied on different ways of acquiring food which involved both hunting and gathering.
In the Great Planes of America there was a tribe of Indians known as the Arapaho Indians. There is little documentation as to when or where they came from but it is known they were in many different places in the Midwest including Oklahoma, Wyoming, Kansas and Colorado. The Arapaho Indians were nomadic people who survived on hunting buffalo and gathering. This tribe was greatly changed when they were introduced to horses. The horses provided them a new way to hunt battle and travel. The horse became the symbol and center of Arapaho nomadic life: people traded for them, raided for them, defined wealth in terms of them and made life easier.
In April of 1992, per IGRA, the Coeur d’Alene tribe started negotiations with the State of Idaho for a Class III compact. Two other Idaho tribes, during the months of June and July, also applied for Class III gaming compacts. At this point in time, Idaho did not specifically prohibit any form of casino-style gaming.
The Native American Reservation system was a complete failure. This paper focuses on the topics of relocation, Native American boarding schools, current conditions on today’s reservations, and what effects these have had on the Native American way of life.
Sandefur, G. (n.d.). American Indian reservations: The first underclass areas? Retrieved April 28, 2014, from http://www.irp.wisc.edu/publications/focus/pdfs/foc121f.pdf