On the Drafting of Tribal Constitutions

Capa
University of Oklahoma Press, 2006 - 200 páginas

A newly discovered document sheds light on Indian self-governance

Felix Cohen (1907–1953) was a leading architect of the Indian New Deal and steadfast champion of American Indian rights. Appointed to the Department of the Interior in 1933, he helped draft the Indian Reorganization Act (1934) and chaired a committee charged with assisting tribes in organizing their governments. His “Basic Memorandum on Drafting of Tribal Constitutions,” submitted in November 1934, provided practical guidelines for that effort.

Largely forgotten until Cohen’s papers were released more than half a century later, the memorandum now receives the attention it has long deserved. David E. Wilkins presents the entire work, edited and introduced with an essay that describes its origins and places it in historical context. Cohen recommended that each tribe consider preserving ancient traditions that offered wisdom to those drafting constitutions. Strongly opposed to “sending out canned constitutions from Washington,” he offered ideas for incorporating Indigenous political, social, and cultural knowledge and structure into new tribal constitutions.

On the Drafting of Tribal Constitutions shows that concepts of Indigenous autonomy and self-governance have been vital to Native nations throughout history. As today’s tribal governments undertake reform, Cohen’s memorandum again offers a wealth of insight on how best to amend previous constitutions. It also helps scholars better understand the historic policy shift brought about by the Indian Reorganization Act.

 

Índice

Section
3
Section
9
Section
15
Qualifications for Office
92
Oaths of Office Insignia and Ceremonials
95
Salaries of Officials
101
Procedure of Governing Body
103
Judicial Code
113
Property
143
Taxation
165
Public Welfare
168
Appendix A Model Constitution
173
Appendix B Outline of Tribal Constitution and Bylaws
178
Model Corporate Charter
183
Selected Bibliography
189
Index
191

Code of Misdemeanors
132
Law of Domestic Relations
137

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Acerca do autor (2006)

David E. Wilkins is Professor of American Indian Studies and Adjunct Professor of Political Science, Law, and American Studies at the University of Minnesota, Twin Cities.

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