Indigenous Governance Database
Constitutions
New Zealand's Constitution: A Report on a Conversation He Kotuinga Korero mo Te Kaupapa Ture o Aotearoa
The appointment of the Constitutional Advisory Panel in August 2011 was another step in a longer and continuing conversation about how to govern the people, land and resources of Aotearoa New Zealand. The Panel was appointed as part of the Consideration of Constitutional Issues, which was agreed to…
Critical junctures and economic development - evidence from the adoption of constitutions among American Indian nations
Utilizing a novel data set on American Indian Nations, we investigate how conditions at critical junctures of development can have long-lasting economic effects. We investigate the effect of the party of the US President at the time when American Indian tribes adopt a written constitution for the…
Report on Best Practices in Developing Effective Processes of American Indian Constitutional Reform
The Executive Session on American Indian Constitutional Reform is a national working group of constitutional reformers from 12 American Indian nations and leading academics. The Executive Session meets twice a year to rethink strategies for strengthening tribal constitutions and constitution-making…
Pueblo of Laguna: Secretarial Election
As the Pueblo of Laguna prepared for a Secretarial Election to remove the Secretary of Interior approval clause, the leadership developed an educational process for the community to understand the process. This presentation provides an overview of Laguna core values, their traditional governance…
Overcoming the Politics of Reform: The Story of the 1999 Cherokee Nation of Oklahoma Constitutional Convention
A pressing international challenge is developing processes of constitution-making that manage the politics of reform and produce legitimate and effective constitutions. This challenge is of special concern for numerous American Indian nations that have been embroiled in dual governments and…
Gila River Indian Community Tribal Constitutional Reform Project
The Gila River Constitutional Reform Task Force created this presentation in conjunction with its comprehensive public information campaign to educate community members about Gila River's recent reform process and the importance of a constitution created by the community.
Traditional Governance and Adapted Forms of Government
In the early 19th century, British and Canadian governments began interfering directly with the autonomy and sovereignty of Indigenous nations. They forcefully disposed of traditional governments and replaced them with a system of indirect rule effected through newly created offices of Chief and…
Rethinking Rewriting: Tribal Constitutional Amendment and Reform
This essay examines the recent wave of American Indian tribal constitutional change through the framework of subnational constitutional theory. When tribes rewrite their constitutions, they not only address internal tribal questions and communicate tribal values, but also engage with other…
The Gitanyow Ayookxw: The Constitution of the Gitanyow Nation
WE are the Gitanyow peoples. We have a long-standing and rich oral tradition which speaks to all aspects of our lives. This written Constitution must be interpreted and understood in the context of our oral history and oral traditions... THEREFORE, by virtue of our inherent right to govern…
Valuing Tradition: Governance, Cultural Match, and the BC Treaty Process
Self-governance negotiations are an integral part of British Columbia’s modern day treaty process. At some treaty tables, impasses have resulted from differences on how to include traditional First Nations governance within treaty. Although some First Nations are determined to pursue traditional…
What Does Indigenous Participatory Democracy Look Like? Kahnawà :Ke's Community Decision Making Process
With the 1979 Community Mandate to move towards Traditional Government, the community of Kahnawà :ke has consistently requested more involvement in decision-making on issues that affect the community as a whole. The Kahnawà :ke Community Decision Making Process is a response to the community's call…
Muscogee Constitutional Jurisprudence: Vhakv Em Pvtakv (The Carpet Under The Law)
In 1974, a group of Mvskoke citizens from Oklahoma sued the federal government in federal court. Hanging in the balance was the future of Mvskoke self-determination. The plaintiffs insisted that their 1867 Constitution remained in full effect, and that they still governed themselves pursuant to it…
Tribal Nations and the United States: An Introduction
Tens of millions of Indigenous peoples inhabited North America, and governed their complex societies, long before European governments sent explorers to seize lands and resources from the continent and its inhabitants. These foreign European governments interacted with tribes in diplomacy, commerce…
Resource Center for Implementing Tribal Provisions of the Violence Against Women Act (VAWA): Webinars
The Intertribal Technical-Assistance Working Group on Special Domestic Violence Criminal Jurisdiction (ITWG) has participated in a series of webinars focused on defendants' rights issues (including indigent counsel); the fair cross section requirement and jury pool selection; prosecution skills;…
Tribal Code Development Checklist for Implementation of Special Domestic Violence Criminal Jurisdiction
This checklist (click to download) is designed as a tool to assist tribal governments seeking to develop tribal codes that implement special domestic violence criminal jurisdiction (SDVCJ) under section 904 of VAWA 2013. Tribal governments will likely be amending existing criminal codes, and every…
Northern Cheyenne Tribe: Traditional Law and Constitutional Reform
This profile by Sheldon C. Spotted Elk examines the U.S. government's infringement on the Northern Cheyenne's political sovereignty. Most significantly, it examines the relationship between the oral history of the Northern Cheyenne and its impact on traditional tribal governance and law. Following…
A Restatement of the Common Law of the Grand Traverse Band of Ottawa and Chippewa Indians
From 1872 until 1980 the United States government continually refused to recognize the sovereign status of the Grand Traverse Band of Ottawa and Chippewa Indians (GTB). For example, citizens of the Grand Traverse Band unsuccessfully attempted to regain this government-to-government relationship in…
A Legal History of Blood Quantum in Federal Indian Law to 1935
The paper traces the development of the use of blood quantum, or fractional amounts of Indian blood to define Indian in federal law up to the Indian Reorganization Act of 1934. The paper shows that blood quantum was not widely used in federal law until the twentieth century, as the branches of the…
Understanding the history of tribal enrollment
It's difficult to talk about tribal enrollment without talking about Indian identity. The two issues have become snarled in the twentieth century as the United States government has inserted itself more and more into the internal affairs of Indian nations. Ask who is Indian, and you will get…
Members Only? Designing Citizenship Requirements for Indian Nations
Indian nations' constitutional reform efforts encounter some of their most paralyzing conflicts over criteria for membership. Three years ago, I initiated a Tribal Legal Development Clinic at UCLA, whose purpose has been to assist Indian nations in building their legal infrastructures. This Clinic…