A wonderful piece of scholarship that details American Indian sovereignty—which is the inherent right of American Indian nations to self-govern without interruption from the United States government. However, sovereignty has a flux and flow and changes depending on current moods of the federal government. This book discusses these complexities that makes the text quite intriguing, despite the fact that at some points you will be reading committee hearings (which are, unfortunately, rather dull).
Chapter 1: A Status Higher than States discusses what makes American Indians unique; “they represent the only aboriginal peoples still practicing a form of self-govern in the midst of a wholly new and modern civilization that has been transported to their lands” (p2). Keep in mind this statement was made in 1984 (reprinted in 1998) and there are some Indigenous communities attempting to regain their rights to self-govern. When British colonizers came to North America, they saw no reason to allow American Indians to govern themselves (largely in part because of their desires to eradicate or assimilate them). But, in the Constitution, American Indians are directly mentioned as an identifiable group—giving evidence of their sovereignty pre-contact. And in 1924, the language of the Indian Citizenship Act suggests that “all Indians born within the territorial limits of the United States” have full US citizenship, but also that “such status does not infringe upon the rights to tribal and other property that Indians enjoy as members of their tribes” (p3). This opening chapter also provides readers with some key definitions, including peoplehood (p12), nationhood (p13), and self-government (p14) all of which are not necessary simple to define when working with law and policy. And of course, the chapter points: “Self-government is not an Indian idea. It originates in the minds of non-Indians who have reduced the traditional ways to dust, or believe they have, and now wish to give, as a gift, a limited measure of local control and responsibility” (p15).
Chapter 2: Domestic Dependent Nations outlines the legislation that deemed American Indians to be “domestic dependent nations”—meaning they are “distinct, independent political communities, retaining their original natural rights” but also that they need the support (ie: protection) of the United States in order to exist (p17). This definition came from Chief Justice Marshall when he ruled in the Marshall Trilogy (Johnson v. McIntosh, Worcester v. Georgia, and Cherokee Nation v. Georgia). Another important point: “self-government is not and cannot be the same as self-determination” (p19).
Chapter 10: The Indian Reorganization Act of 1934 and the Collier Bill: A comparison is a great chapter for those interested in further understanding the concept of self-government, and the power/requirements needed to establish a local self-government. This chapter really delves into a discussion of tribal power, which I found to be quite captivating despite the fact that the material might be technical from time to time.
Chapter 14: The Indian Civil Rights Act is another chapter that I highly recommend for those interested in any form of civil rights and its effect on different communities. This chapter discusses the way in which civil rights movements altered the tribal power from nation to nation. There is a ripple, which moves down to individual tribal courts, etc.
The conclusion chapter discusses the future of American Indian nations, and has some interesting developments since it was written. I find it interesting to compare some of these “predictions” to the realities we see in contemporary American Indian governance. There are also several appendixes that offer good information, and the citations are helpful for further research or further reading on these subjects.