Tribal councils
Tribal councils are governing bodies established by Native American tribes, often created in response to federal policies that limited tribal sovereignty and self-governance. Historically, each Native North American nation had a distinctive form of government rooted in cultural consensus processes. However, with the colonization and subsequent loss of sovereignty, these traditional systems were disrupted. The Indian Reorganization Act of 1934 allowed tribes to organize as corporations and adopt constitutions, leading to the establishment of tribal councils that functioned similarly to European-style hierarchical governments. Despite their intended purpose, these councils often faced criticism for being influenced by the Bureau of Indian Affairs (BIA), which maintained significant control over tribal affairs. Many tribal members did not participate in the IRA-sanctioned governance, resulting in councils that did not fully represent the community's traditional leadership structures. Over time, efforts to reclaim tribal sovereignty have led to a gradual transfer of power from the BIA to tribal councils, empowering them to address the needs of their communities more effectively. Today, tribal councils play a critical role in advocating for the rights and interests of their tribes while navigating the complexities of federal and tribal relationships.
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Tribal councils
At one time, each Native North American nation ruled with a form of government unique to its culture but usually based on a consensus process. As the tribes were conquered, they were deprived of their sovereignty and subjected to the rule of the U.S. government through the agents of the Bureau of Indian Affairs (BIA). In 1871, Congress ended treaty making with the tribes, and the relationship of the government to the tribes became one of guardian to ward.
In 1934, Congress passed the Indian Reorganization Act (IRA), which has been the subject of heated debate ever since. Under the provisions of this act, any tribe, or the people of any reservation, could organize themselves as a business corporation, adopt a constitution and bylaws, and exercise certain forms of self-government.
Because the IRA did not recognize existing traditional forms of government, such as those provided by spiritual leaders and elders, many people boycotted the process of voting in these IRA-sanctioned governments. As a result, only a minority of tribal members voted to establish the tribal councils, which are structured after European American and hierarchical models.
The matters with which these councils could deal were strictly limited, and decisions and actions were subject to the approval of the BIA. In fact, the reservation superintendent, an agent of the secretary of interior, had full control over the property and financial affairs of the tribe and could veto anything the council did. Because of this, tribal councils were often labeled puppet governments of the BIA.
Various attempts have been made by tribal members to address this situation. In 1944, tribal leaders formed a pan-Indian organization called the National Congress of American Indians (NCAI). In 1961, several hundred native activists issued a “Declaration of Indian Purpose,” which called for, among other things, the government’s recognition of the rights of tribes. As tribes continue to assert their sovereignty, power has moved from the BIA to the individual tribal councils, which represent the needs of the people.
Bibliography
Colombi, Benedict J., and Courtland L. Smith. "Adaptive Capacity as Cultural Practice." Ecology and Society, vol. 17, no. 4, 2012, p. 13, doi.org/10.5751/ES-05242-170413. Accessed 20 Oct. 2024.
Favreau, Annie R. "Key Governance Concepts Every Tribal Council Member Should Know." Moss Adams, 22 Mar. 2023, www.mossadams.com/articles/2023/03/tribal-council-members-governance-concepts. Accessed 20 Oct. 2024.
Fixico, Donald Lee. Bureau of Indian Affairs. Paperback ed., Bloomsbury Academic, 2024.
Nichols, Roger L., editor. The American Indian: Past and Present. U of Oklahoma P, 2014.
Safty, Graham. “Federal Diversity Jurisdiction and American Indian Tribal Corporations.” U of Chicago Law Review, vol. 79, no. 4, 2012, pp. 1593–628, lawreview.uchicago.edu/print-archive/federal-diversity-jurisdiction-and-american-indian-tribal-corporations. Accessed 20 Oct. 2024.
Schmidt, Ryan W. "American Indian Identity and Blood Quantum in the 21st Century: A Critical Review." Journal of Anthropology, 2011, doi.org/10.1155/2011/549521. Accessed 20 Oct. 2024.