Indigenous Governance Database
Indian Reorganization Act (IRA)
The Indian Reorganization Act at 80 years
At Pine Ridge, daily controversy surrounds the Indian Reorganization Act (IRA) of 1934. Congress enacted the IRA on June 18, 1934. However, the voting requirement was drastically altered just three days prior. This amendment (H.R. 7781, 49 Stat., 378) dated June 15, 1934, lowered the overall voting…
Indigenous Land Management in the United States: Context, Cases, Lessons
The Assembly of First Nations (AFN) is seeking ways to support First Nations’ economic development. Among its concerns are the status and management of First Nations’ lands. The Indian Act, bureaucratic processes, the capacities of First Nations themselves, and other factors currently limit the…
Broken Government: Constitutional Inadequacy Spawns Conflict at San Carlos
This article, published in 1999, examined the governmental conflict taking place at the San Carlos Apache Tribe. It explored the historical constitutional roots of the conflict, specifically the ineffectiveness and culturally inappropriate Indian Reorganization constitution and system of government…
Good Native Governance Break Out 3: Tribal Constitutional Revitalization
UCLA School of Law "Good Native Governance" conference presenters, panelists and participants Melissa L. Tatum, Devon Lee Lomayesva, and Jill Doerfler discuss constitutional reform efforts. Melissa describes the purpose of consitutions. Using her own Nation's experience, Devon discusses the Iipay…
Joan Timeche: The Hopi Tribe: Wrestling with the IRA System of Governance (Presentation Highlight)
In this highlight from the presentation "Defining Constitutions and the Movement to Remake Them," Joan Timeche (Hopi) discusses how the Hopi Tribe continues to wrestle with an Indian Reorganization Act constitution and system of governance that runs counter to its traditional, village-based system…
Robert Hershey and Andrew Martinez: The Legal Process of Constitutional Reform (Q&A)
Robert Hershey and Andrew Martinez engage participants in a lively discussion about the intricacies of secretarial elections and whether and how Native nations with Indian Reorganization Act constitutions should remove the Secretary of Interior approval clause from those governing documents.
Robert Hershey: Dispelling Stereotypes about the Federal Government's Role in Native Nation Constitutional Reform
Robert Hershey, Professor of Law and American Indian Studies at The University of Arizona, dispels some longstanding stereotypes about what the federal government can and will do should a Native nation decide to amend its constitution to remove the Secretary of Interior approval clause or else make…
Terry Janis: The White Earth Nation Constitutional Reform Process
In this lively and far-reaching discussion with NNI's Ian Record, Terry Janis (Oglala Lakota), former project manager of the White Earth Nation Constitution Reform Project, provides an overview of the citizen education and engagement campaign that preceded White Earth's historic vote to ratify a…
Terry Janis: Citizen Engagement and Constitutional Change at the White Earth Nation
Terry Janis (Oglala Lakota), former Project Manager of the White Earth Nation Constitution Reform Project, provides participants with a detailed overview of the multi-faceted approach to citizen engagement that the White Earth Nation followed as it worked to educate the White Earth people about the…
Vanya Hogen: Redefining Citizenship Criteria Through Constitutional Reform and Other Means
Lawyer and tribal judge Vanya Hogen (Oglala Sioux) discusses the difficulties inherent in amending Indian Reorganization Act (IRA) constitutions to redefine tribal citizenship criteria, and shares the story of the Shakopee Mdewakanton Sioux Community as an example of one Native nation with an IRA…
Lenor Scheffler: The Lower Sioux Indian Community's Approach to Citizenship
Lawyer Lenor Scheffler (Lower Sioux Indian Community) provides an overview of the Lower Sioux Indian Community's approach to defining citizenship, which is predicated on residency within the Lower Sioux reservation's boundaries. She also discusses how eligibility for tribal social services is tied…
Ian Record: Citizen Engagement: The Key to Establishing and Sustaining Good Governance
For Native nations, establishing and sustaining the good governance necessary to determine and then achieve their strategic priorities hinges on citizen engagement: the ability of a nation and its government to consult and educate its citizens about the major decisions it makes and implements in…
Bethany Berger: Citizenship: Culture, Language and Law
University of Connecticut Law Professor Bethany Berger provides a brief history of the federal policies that have negatively impacted the ways that Native nations define and enforce their criteria for citizenship historically through to the present day. This video resource is featured on the…
NNI Indigenous Leadership Fellow: John Petoskey (Part 2)
In the second of two interviews conducted in conjunction with his tenure as NNI Indigenous Leadership Fellow, John Petoskey, citizen and long-time General Counsel of the Grand Traverse Band of Ottawa and Chippewa Indians (GTB), discusses the legal doctrine of tribal sovereign immunity and the…
David Wilkins: Indigenous Governance Systems: Diversity, Colonization, Adaptation, and Resurgence
In this in-depth interview with NNI's Ian Record, federal Indian law and policy scholar David Wilkins discusses the incredible diversity and sophistication of traditional Indigenous governance systems, the profound impacts colonial policies had on those systems, and how Native nations are working…
Brian Cladoosby: The Swinomish Indian Tribal Community's Approach to Governance and Intergovernmental Relations
In this wide-ranging interview with NNI's Ian Record, Chairman Brian Cladoosby of the Swinomish Indian Tribal Community discusses Swinomish's unique governance system, its approach to building relationships with other governments to achieve its strategic priorities, and what he feels are the…
NNI Indigenous Leadership Fellow: Rae Nell Vaughn (Part 2)
Rae Nell Vaughn, former Chief Justice of the Mississippi Choctaw Supreme Court, shares how her nation methodically re-integrated Choctaw core values into its administration of justice, and how Mississippi Choctaw's creation of a fair and efficient justice system is paying social, cultural,…
Constitutions and Constitutional Reform - Day 1 (Q&A)
Presenters and moderators from the first day of NNI's "Tribal Constitutions" seminar gather to field questions from seminar participants on a variety of topics ranging from dual citizenship to the relationship between a nation's constitution and its economic development environment.
Ian Record: Setting the Focus and Providing the Context: Critical Constitutional Reform Tasks (Presentation Highlight)
In this highlight from the presentation "The Process of Constitutional Reform: The Challenge of Citizen Engagement," NNI's Ian Record lays out two critical overarching tasks that those charged with leading a nation's constitutional reform effort must undertake.
Robert Hershey: The Legal Process of Constitutional Reform
Robert Hershey, Professor of Law and American Indian Studies at the University of Arizona, provides an overview of what Native nations need to consider when it comes to the legal process involved with reforming their constitutions, and dispels some of the misconceptions that people have about the…