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Tribes continue to endure constraints on their sovereignty because relatively few people understand what a tribe is. For example, most people believe tribes are a racial minority with special privileges, when in reality, tribes are separate, sovereign governments. This stems from a lack of knowledge about tribal history. Schools do not teach Indian history; hence, people do not learn about the history of tribal governance and treaties. Learning about Indian history can enrich the school curriculum and help people understand why tribes exist. Additionally, great tribal leaders, such as Chief Standing Bear, can inspire students to fight for justice. At the very least, law students should be taught federal Indian law. Tribes are part of the United States constitutional order. They influenced its structure and were vital to its ratification. Plus, ignorance of Indian law’s history enables outmoded, colonial ideology to continue as the basis of contemporary federal Indian law. Knowledge of Indian law’s outmoded concepts will raise questions about the ethics of relying on nineteenth-century stereotypes to limit tribal sovereignty in the twenty-first century.
North America's Indigenous inhabitants operated effective governments long before European arrival. Tribes built cities, developed laws, and participated in transcontinental trade networks. European arrival, however, brought many hardships for Indians. Although tribes were guaranteed the right to self-govern on reservations, the United States imposed severe restraints on tribal autonomy resulting in socioeconomic maladies, such as poverty and crime. Today, federal policies continue to inhibit tribal self-governance. As a result, tribes continue to suffer from these social ills. Becoming Nations Again argues empowering tribal governments is the key to solving tribal problems. It moves to liberate tribes from the antiquated regulations that apply only to tribal lands and allow tribes to exercise jurisdiction over all people on their land. Once this occurs, tribes will be free to implement their own laws and participate in the federalist system. This title is also available as Open Access on Cambridge Core.
Native Americans have fought to protect their land and water resources from oil and gas extraction and from pipelines and fossil fuel export terminals that traverse their reservation lands, off-reservation lands and public lands to which they hold historical and cultural ties. The Trump administration reversed tribes’ hard-won successes and exacerbated centuries of prior injustices. Trump asserted disputed presidential powers to permit the construction of the Keystone XL pipeline, to shrink national monuments, including the Bears Ears National Monument, the first national monument proposed and co-managed by Native American tribes, and to open former monument lands to drilling. In their fight against these decisions, tribes advanced legal arguments based on federal laws, including environmental laws, and asserted their rights to reservation lands and their treaty hunting, fishing and gathering rights on off-reservation lands. Within reservations, tribes, like other Americans, are grappling with whether to rely on fossil fuels or to transition to renewable energy. The appointment of Representative Debra Haaland, who led Congress’s efforts to protect Native American lands and public lands, as the first Native American secretary of the Interior offers hope for a reset in US government relations with the first sovereign nations.
Connecting what happens on Indian reservations with challenges facing the United States, Chapter 1 highlights the significance of what happens in Indian country to those living in neighboring and even distant communities. Chapter 1 also presents in brief the major themes of the book—the heavy federal role in reservation development and resource exploitation, the importance of improving tribal self-governance, and the ways in which land use decisions shape reservation life—and emphasizes the centrality of both history and institutional development in understanding Indian nations today.
In A Nation Within, Ezra Rosser explores the connection between land-use patterns and development in the Navajo Nation. Roughly the size of Ireland or West Virginia, the Navajo reservation has seen successive waves of natural resource-based development over the last century: grazing and over-grazing, oil and gas, uranium, and coal; yet Navajos continue to suffer from high levels of unemployment and poverty. Rosser shows the connection between the exploitation of these resources and the growth of the tribal government before turning to contemporary land use and development challenges. He argues that, in addition to the political challenges associated with any significant change, external pressures and internal corruption have made it difficult for the tribe to implement land reforms that could help provide space for economic development that would benefit the Navajo Nation and Navajo tribal members.
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