Tribal Constitution Handbook

"This Practical Guide is intended to guide the user through a number of considerations when writing or revising a tribal constitution in order to foster and generate ideas on the kinds of mechanisms that may work for the particular tribe's governance structure." - Introduction (p. 2)

Major questions have always existed concerning the role and status of Indian tribes and Indian peoples within the fabric of life in the United States. There is a relatively consistent body of law whose origins flow from precolonial America to the present day. This body of law is neither well-known nor well-understood by the American Public. Federal Indian law - or, more accurately, United States constitutional law concerning Indian tribes and individuals - is unique and separate from the rest of American jurisprudence. Analogies to general constitutional law, civil right law, public land law, and the like are misleading and often erroneous. Indian law is distinct. It encompassed Western European international law, specific provisions of the United States Constitution, precolonial treaties, treaties of the United States, an entire volume of the United States Code, and numerous decisions of the United States Supreme Court and lower federal courts.The nature of the federal, state, and tribal relationship was defined in a highly politicized setting, when the Supreme Court of the United States, led by chief Justice John Marshall, struck down an entire series of state statutes violative of tribal-state and tribal-federal relations. These cases established the principles that Indian tribes possessed sovereignty over their members and territory and that the federal government protects tribal sovereignty, land, and resources from states and non-Indian interests.The Supreme Court of the United States has specifically addressed the issue of whether specialized treatment of Indians by the federal government is unconstitutional racial discrimination. The clear answer of the Court was that it is not. For the purpose of dealing with the federal government, Indian tribes are not racial groupings but rather political groupings - governments.This directory provides a unique source of information on the land areas controlled by these governments that many citizens do not even realize exist.

A comprehensive resource on the formation of tribal business entities. Hailed in Indian Country Today as offering "one-stop knowledge on business structuring," the Handbook reviews each type of tribal business entity from the perspective of sovereign immunity and legal liability, corporate formation and governance, federal tax consequences and eligibility for special financing. Covers governmental entities and common forms of business structures.

"Drafting and adopting a constitution is a collective journey of self-discovery and reflection for any nation, Indigenous or non-Indigenous. This book is a guide for communities engaged in the process of drafting a constitution and for students who are studying that process. It draws on research, firsthand experience with constitution writing and constitutional change, and numerous examples from actual governing documents to demonstrate the many ways that Indigenous nations can structure their sovereignty"--UCLA American Indian Studies Center Publications website.

A direct response to the needs and ambitions articulated by tribal administrators and leaders, this handbook seeks to serve practitioners, students, researchers, and community members alike. It grew out of an ongoing collaboration among scholars and practitioners from tribal nations, universities, tribal colleges, and nonprofit organizations who are developing practical and teaching resources in the field of tribal administration and governance. Designed as a readable, accessible volume, it focuses on three key areas: tribal management, funding and delivering core services, and sovereign tribes engaging settler governments. While the chapters complement one another by presenting a coherent and unified constellation of voices that illuminates a shared terrain of practical Indigenous governance, each chapter ultimately stands alone to accommodate a variety of needs and interests with specific best practices, quick-reference executive summaries, and practitioner notes to aid lesson applications. This humble collection of remarkable voices initiates a conversation about tribal administration that will hopefully continue to grow in service to Native nations.

Previous edition, 1st, published in 1995.