Indigenous Governance Database
Constitutions
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…
Navajo Nation Constitutional Feasibility and Government Reform Project
This paper will review three important elements related to the constitutional feasibility and government reform of the Navajo Nation. The first section will outline the foundational principles related to constitutionalism and ask whether constitionalism and the nation-state are appropriate…
Constitutions Fact Sheet
The National Centre for First Nations Governance developed this quick reference for Native nations who are discussing constitutions and constitutional reform.
First Nation Constitutions
A constitution is a solid foundation for First Nations to move ahead in self-government and in nation-building activities. Your constitution will be specific to your community. It should address your community's sense of itself, how you are governed, how the membership has input into governance,…
An Essay on the Federal Origins of Disenrollment
Disenrollment is not indigenous to Native America. It is a creature of the United States. The origins of disenrollment are traced to the United States’ paternalistic assimilation policies of the 1930s. In 1934 the U.S. Congress passed the Indian Reorganization Act (“IRA”), wherein the federal…
A Guide to Community Engagement
In this third part of the BCAFN Governance Toolkit: A Guide to Nation Building, we explore the complex and often controversial subject of governance reform in our communities and ways to approach community engagement. The Governance Toolkit is intended as a resource for First Nations leadership. It…
Peacemaking and Conflict Resolution: A List of Resources
The Native American Rights Fund's National Indian Law Library provides a comprehensive list of relevant news stories and academic articles on the peacemaking mechanisms and conflict resolution approaches of Native nations.
Special White Earth Constitutional Reform Issue
As the White Earth Nation prepares for a referendum election to approve or reject the proposed constitution, the Reform Committee has implemented a series of citizen engagement activities that includes a special issue of the tribal newspaper to inform citizens of the election date, proposed changes…
Best Practices Case Study (Rule of Law): Nisga'a Nation
Nisga'a Nation, comprised of four communities; New Aiyansh, Gitwinksihlkw, Laxgalt'sap, and Gingolx, is located in northwestern B.C. In the 1890s, Nisga'a hereditary chiefs and matriarchs formed the Nisga'a Land Committee and began to aggressively pursue self-government and title to their lands. In…
Best Practices Case Study (Expansion of Jurisdiction): Tsawwassen First Nation
Tsawwassen First Nation (TFN) is located in the Metro-Vancouver area of British Columbia. In 2007, following 14 years of negotiations, TFN signed a treaty with Canada and B.C. It was the first treaty reached under the BC Treaty Commission (BCTC) process and the first urban treaty. The Effective…
Best Practices Case Study (Cultural Alignment of Institutions): Teslin Tlingit Council
Situated in southern Yukon, the Teslin Tlingit people have a clan system of government. That clan system of government operated for years prior to the imposition of the Indian Act. Through the Indian Act, traditional governance was separated from formal decision-making power and authority. Then in…
Best Practices Case Study (Transparency and Fairness): Westbank First Nation
The Westbank First Nation is located in south-central British Columbia in the Okanagan Valley. In the mid-1980s, conflicts within the Westbank First Nation council created significant animosity among community members. The outcome was the Hall Inquiry which made recommendations around strengthening…
British Columbia Assembly of First Nations Governance Toolkit: A Guide to Nation Building
The BCAFN is pleased to present the first edition of the BCAFN Governance Toolkit: A Guide to Nation Building in accordance with our Building on OUR Success action plan and the first pillar of that plan, "Strong and Appropriate Governance." The Toolkit is a comprehensive guide intended to assist…
The Will of the People: Citizenship in the Osage Nation
This teaching case tells the story of Tony, one of nine Osage government reform commissioners placed in charge of determining the "will of the people" in reforming the government of the Osage Nation. Because of Congressional law the Osage Nation had been forced into an alien form of government for…
![Tribal Law as Indigenous Social Reality and Separate Consciousness: [Re]Incorporating Customs and Traditions into Tribal Law](/sites/nnigovernance.arizona.edu/files/styles/resources/public/resources/Screen%2520Shot%25202016-10-11%2520at%25201.22.13%2520PM.png?itok=r-DrCTma "Tribal Law as Indigenous Social Reality and Separate Consciousness: [Re]Incorporating Customs and Traditions into Tribal Law")
Tribal Law as Indigenous Social Reality and Separate Consciousness: [Re]Incorporating Customs and Traditions into Tribal Law
At some point in my legal career, I recall becoming increasingly uncomfortable with the inconsistencies between the values in the written law of various indigenous nations and the values I knew were embedded in indigenous societies themselves. The two are not entirely in harmony, and in fact, in…
Sovereignty Under Arrest? Public Law 280 and Its Discontents
Law enforcement in Indian Country has been characterized as a maze of injustice, one in which offenders too easily escape and victims are too easily lost (Amnesty International, 2007). Tribal, state, and federal governments have recently sought to amend this through the passage of the Tribal Law…
White Earth Nation Constitutional Reform Workbook
The core purpose of this Constitution is to take action and directly express, through that action, native cultural sovereignty. This workbook is designed to help the citizens of the White Earth Nation to understand their constitution. Through this effort and through your understanding of the…
Best Practices Case Study (Strategic Vision): Tsleil-Waututh Nation
The Tsleil-Waututh are a Coast Salish people who live in a community located on the north shore of Vancouver, B.C. The Tsleil-Waututh have worked hard to protect their community identity and culture in the face of rapid urban expansion. Community leaders, including Chief Dan George and John L.…