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The raving thoughts of a misanthropic academic

January 30, 2016

The Art of Making Strategic Decisions

In class this week, we walked through a few of the main arguments that set the theoretical framework for building effective tribal governments (See Rebuilding Native Nations).

According to the authors', one of the key elements for building effective tribal governments is for tribal leaders to engage in strategic decision making. The whole section reminded me a bit of the biblical adjuration, Where there is no vision, the people perish. I think that passage is actually talking about prophetic visions, but divorcing a quote from context has never stopped me before.  

Regardless, the point is the same. In order to run an effective government, organization, institute, non-profit, etc., there has to be some vision toward which the entity aspires. For tribes, some of the questions include, What kind of society do we want to create? What's our primary objective? What values guide our decision making? Where do we want to be in ten years? How do we get there from here? How do our values inform our policies? And, fundamentally, What do we want? 

While the text applies these considerations, quite correctly, to tribes, the potential applications ofsuch analyses are actually much broader.  In fact, they even lie at the heart of the U.S. Presidential Election:
  • What kind of country do we want? 
  • Would we shut the borders of the United States to Muslims seeking entry? 
  • Would we seriously consider deporting 11+ million illegal immigrants? 
  • Why are we afraid to categorize people who are here illegally as illegals?
  • But, is deportation the best use of our rather finite National resources? 
  • Are we content with a criminal justice systems that disproportionately affects blacks? 
  • Are we content with a nation where top officials can flaunt their violation of our strictest national security laws? 
  • What kind of person would we like to see on the Supreme Court? 
  • How can we provide health care in such a way that we maximize the Liberty interests of citizens, while delivering the best possible service?? etc...
The point is simply that the questions besetting tribes are no different than the kinds of questions that we face as a Nation. The only difference is that tribes must ask such questions not as free peoples exercising their right to self-government, but as wards under the guardianship of an external government that has assumed the authority to nullify their decisions with the stroke of a pen (See Congressional Plenary Power). 

And so the question remains for tribal governments, When will the moment in time be right to challenge the legal presumption that Congress has absolute authority over American Indian tribal nations

Granted, the time isn't now. But when the time comes, what is the strategy for throwing off the yoke of Washington in order to truly allow tribes to engage in their own exeperiment in government by the consent of the governed?  And make no mistake, consent is key here. Any exercise of tribal self-determination must begin with the will and consent of Indian peoples. 

Even so, what's the plan? What would that form of sovereignty look like? 

Lots of questions to explore and it's only week one. Onward...
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January 27, 2016

Blog Reboot, and Today's Tribal Governments

Today marks an interesting shift for Pax Plena. After years of personal blogging and sharing my thoughts on everything from political questions to parenting, I've decided to use this platform as a way to share more of my thoughts on my research and teaching interests. Naturally, I reserve the right to share whatever I like, but I hope to use the site as a way to test new ideas, and hopefully bring a bit of what I do in American Indian Studies to those interested. 


So, consider this an effort to reboot the blog, and take things in a new direction. 

Toward that end, I'm teaching a course on Tribal Governments this semester (AIST 4100). The enrollment is relatively small with only seven intrepid students eager to take on the complexities of America's fourth form of government. 

This is my third year to teach this course, and it has long puzzled me why a class with obvious relevance to a rural state like Wyoming would generate such little student interest. It could be that students are busy and have to prioritize their course load - an understandable outcome given the reality of the semester schedule and the respective demands of various majors across campus. But I suspect the lack of interest has more to do with the subject matter than it does with any scheduling conflicts.

Part of the problem is that the notion of tribes as governments is something relatively foreign to many students. For starters, the governmental authority of tribal governments finds its genesis in a source of law that falls outside the bounds of the U.S. Constitution. The phrase we use in Indian law is that the governing authority of tribes is 'extra-Constitutional,' or one derived not from the efforts of our Founding Fathers, lo so many years ago. Such is the case because tribes pre-dated the U.S. Constitution by centuries, and in their drafting, the Founding Fathers simply did not incorporate tribes into the Constitutional framework.   

So right away, from the very first day of the class, there is a disconnect to overcome. It's certainly not an insurmountable barrier. But there's a degree of difficulty in introducing a new form of government within the U.S. after years of civics courses have engrained in a student's mind that federalism consists of federal, state, and local governments to the exclusion of all others. 

And yet, it's fascinating course to teach as an instructor. If there's an area of governance where there is still ample room for innovation, development, and creative problem solving, then the work being done among American Indian tribal governments has to be among the most interesting around. My experience has been that students tend to appreciate this point toward the end of the semester - but at the beginning it's still a distant concept.

By the end of the semester we will have explored four theme areas: 
  • Tribes as Governments. Here, we explore the nuts and bolts of what tribes can do. Some things will be obvious - tribes can levy taxes, create their own codes and bodies of law, etc. Other things might be surprising to students, like the idea that tribes can issue license plates, or own businesses.
  • Tribes and Other Governments. This theme evaluates the contours of the relationships between tribal governments and the other governmental entities within the American federalist system. Primarily, it addresses questions of jurisdiction. For example, students might be interested to know that in most states, the state government has no jurisdiction over Indian reservations/lands. This may sound find, until students realize the problems this can create in terms of criminal law, given sparse federal law enforcement resources across much of the American west. 
  • Tribes and Development. For many students, this is the most interesting aspect of the course. Unlike mainstream, American governance, where a strong political current actually perceives government as an obstacle to economic progress (a view I'm not unsympathetic toward), when it comes to tribal governance, tribal nations uniformly play a large role in promoting economic progress and development. Often times, a tribal government will find itself in the role of a business owner. Such an action by government in the mainstream context would be rare, and mostly anathema to significant segments of the population. 
  • Critical Analysis. The final theme that I true to imbue in the minds of students is the notion of critical analysis - and the particular challenge of maintaining critical thought when it comes to our overview of tribal governments. While I consider myself an advocate of tribal sovereignty, I believe that it's equally important for students to understand that tribes are fallible entities indeed. Not every tribe governs well. Not every tribe abides by the rule of law. And not every tribe ensures that its citizens are entitled to equal protection under the laws of the tribal nation. So, while the students will be learning about what tribes can and can't do, what their relationships are like with over governmental entities, and the impressive innovations that can result from tribal/state/corporate/federal partnership, I also want them to maintain a healthy dose of skepticism throughout the semester, and to consider tough questions that, honestly, may not have an answer.
Functionally, the course has always gone well. It certainly isn't a required course by any means, so the students who sign up tend to have some interest in the class, which in turn makes my job a lot easier. Suppose we will know more on this score in a few weeks time, but I'm happy to have the students I met on Monday on board. 

For now, I'll leave it here, but don't be surprised if additional comments and questions from the class make their way into this space. Truth is, I've missed blogging - so, it's nice to have a way to incorporate my academic interests into our now 11 year old conversation here at Pax Plena. 

More to come...
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