- American Indian Sovereignty: Competing Contexts

Institution:

The Evergreen State College

Subject:

Description:

Faculty: Kristina Ackley (Native American studies), José Gómez (constitutional law and politics)Major areas of study include Native American studies, American history, political theory, federal Indian law and policy, legal research and writing, and theory and methodology in the social sciences. Class Standing: Juniors or seniors; transfer students welcome. American Indians have a relationship with the federal government unlike that of any other ethnic or political group in the United States. They also have complex understandings of tribal sovereignty that contest all attempts to make them subordinate to colonial powers. In this two-quarter program, we will consider the various ways in which sovereignty has been understood and argued, taking as our broad starting points the two competing contexts of tribal knowledge systems and the U. S. Constitution. The concept of sovereignty must be placed within a local, historical, cultural and global context. Through theoretical readings and discussion, we will move from nation building in America to Native forms of nationalism. We will examine the historical background and basic doctrines of federal Indian law, including the history of federal Indian policy, the foundations of tribal sovereignty, federal roles in Indian affairs and the complex interplay of federal, tribal and state authorities in Indian country. Students will learn about traditional tribal governmental structures, contemporary tribal governments and the areas in which they exercise authority and proposals for future self-determination. We will also examine the sources and limitations of federal power over Indigenous peoples and tribes, state and federal constraints on tribal authority, and state claims to power over both Indian tribes and non-Indians living or working in Indian country. In the fall quarter, students will gain an understanding of the legal nature of the relationship between American Indians and the United States. Beginning with the American Constitution and the era of the early republic, the federal-Indian relationship will be discussed in terms of the developing American nation state. Central to this discussion will be an analysis of the retention of tribal sovereignty in the face of political and geographic encroachment justified with arguments over federalism and carried out through treaty making, Indian removal and systematic military campaigns. The origins of modern, legal tribal sovereignty will be contrasted with the implications of the plenary powers doctrine. In the winter quarter, we will move from this foundational overview to topical issues that have emerged in the 20th and 21st centuries, including early attempts to appeal to international law, conservation efforts and their impacts on treaty rights, tribal interests and subsistence needs of Aboriginal people. We will also examine the rise of modern inter-tribal political organizing in the face of termination, treaty rights and tribal sovereignty. Finally, the emergence of land claims, social welfare issues and economic development as critical areas of study in the late 20th century will be contrasted with the rise in broad-based appeals to other global Indigenous people and the reclamation of traditional voice in a decolonization context in recent years. In major projects during the fall and winter quarters, students will work on a contemporary issue within Washington state that is of particular interest to local tribes. This will culminate in writing appellate briefs and presenting arguments in mock court. Alternatively, students may research and write about tribal sovereignty through a case study. Students will challenge post-colonial theory that merely deconstructs and move to a consideration of decolonizing practices. We will take as our basic premise in this program that those wishing to know about the history of a particular native group should learn about it with a purpose to be of support to these people today. Students will devel

Credits:

16.00

Credit Hours:

Prerequisites:

Corequisites:

Exclusions:

Level:

Instructional Type:

Lecture

Notes:

Additional Information:

Historical Version(s):

Institution Website:

www.evergreen.edu

Phone Number:

(360) 867-6170

Regional Accreditation:

Northwest Commission on Colleges and Universities

Calendar System:

Quarter

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