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'Indigenous Governance' is a comprehensive, critical examination of Native political systems: the senior political sovereigns on the North American continent in terms of their origin, development, structures, and operation. David E. Wilkins provides the recognition and respect due Indigenous governments, while offering a considered critique of their shortcomings as imperfect, sovereign institutions. This appraisal will highlight their history, evolution, internal and intergovernmental issues, and diverse structures.

Frontmatter -- Contents -- Preface -- Acknowledgments -- CHAPTER I. Legal Masks, Legal Consciousness -- CHAPTER 2. The Era of Defining Tribes, Their Lands, and Their Sovereignty -- CHAPTER 3. The Era of Congressional Ascendancy over Tribes: 1886-1903 -- CHAPTER 4. The Era of "Myths": Citizenship, Nomadism, and Moral Progress -- CHAPTER 5. The Era of Judicial Backlash and Land Claims -- CHAPTER 6. The Era of the Imperial Judiciary -- CHAPTER 7. Removing the Masks -- APPENDIX A. Cases Cited -- APPENDIX B. Supreme Court Justices Authoring the Fifteen Opinions Analyzed -- Notes -- Glossary -- References -- Index

"The Indian Reorganization Act (IRA) of 1934, intended to reverse federal Indian policy from coercive assimilation of Native peoples to a policy that emphasized a strong measure of self-rule, ushered in a period of political, legal, and economic revitalization of Native peoples that continues to this day. Until very recently, little attention has been paid to the political dynamics operating within Indian Country and the nearly 570 federally-recognized Native nations living throughout the US. From 1934 to the present, this volume brings together a great many of these hard to find or previously unavailable primary source documents. It will also include international and interest group documents, statements by prominent Native and non-Native individuals, court cases, documents that detail the intergovernmental relationships between Native and non-Native communities, and documents featuring legal or institutional innovations that display the political acumen and diversity of Native nations. The documents are arranged chronologically, and Wilkins provides brief, introductory essays to each document, placing them within their proper context. Each introduction is followed by a brief list of suggestions for further reading. Just like the preceding volume, this anthology will provide an invaluable resource for scholars and researchers of indigenous political development during this vibrant period of Native self-determination"--Provided by publisher

"This book, the first of its kind, comprehensively explores Native American claims against the United States government over the past two centuries. Despite the federal government's multiple attempts to redress indigenous claims, a close examination reveals that even when compensatory programs were instituted, Native peoples never attained a genuine sense of justice. David E. Wilkins addresses the important question of what one nation owes another when the balance of rights, resources, and responsibilities have been negotiated through treaties. How does the United States assure that guarantees made to tribal nations, whether through a century old treaty or a modern day compact, remain viable and lasting?"--

""This book is a lively and accessible account of the remarkably complex legal and political situation of American Indian tribes and tribal citizens (who are also U.S. citizens) David E. Wilkins and Heidi Kiiwetinepinesiik Stark have provided the g̀o-to' source for a clear yet detailed and sophisticated introduction to tribal soverignty and federal Indian policy. It is a valuable resource both for readers unfamiliar with the subject matter and for readers in Native American studies and related fields, who will appreciate the insightful and original scholarly analysis of the authors."--Thomas Biolsi, University of California at Berkeley" ""American Indian Politics and the American Political System is simply an indispensable compendium of fact and reason on the historical and modern landscape of American Indian law and policy. No teacher or student of American Indian studies, no policymaker in American Indian policy, and no observer of American Indian history and law should do without this book. There is nothing in the field remotely as comprehensive, usable, and balanced as Wilkins and Stark's work."--Matthew L. M. Fletcher, director of the Indigenous Law and Policy Center at Michigan State University College of Law" ""Wilkins has written the first general study of contemporary Indians in the United States from the disciplinary standpoint of political science. His inclusion of legal matters results in sophisticated treatment of many contemporary issues involving Native American governments and the government of the United States and gives readers a good background for understanding other questions. The writing is clear-not a minor matter in such a complex subject--and short case histories are presented, plus links (including websites) to many sources of information."--Choice

The extra-constitutional status of Indigenous peoples within the US has always been both blessing and curse. From this legally obscure position, and against all odds, Native nations have managed to fend off centuries of attempts at eradication and assimilation. Given this hard-fought status, any amendment crafted in an attempt to improve the status of Indigenous people in the U.S. is a dangerous proposition. Disturbing the existing balance in pursuit of overtly recognized rights as formally integrated polities is a gamble that could jeopardize the collective inherent sovereign rights and powers Native peoples have retained as citizens of their nations. If the scales were to be tipped in a way that were to weaken Tribal sovereignty, legal and moral protections would be lost and the rights of Indigenous peoples diminished to the level of other ethnic groups.

McGirt v. Oklahoma (2020) Jimcy McGirt, a citizen of the Seminole Nation, which is geographically situated within the state of Oklahoma, was convicted in 1997 in Oklahoma State Court of molesting, raping, and sodomizing a four-year-old girl. McGirt was found guilty and received a sentence of 1,000 years "plus life in prison." The crimes occurred within the Muskogee (Creek) Nation's historical territory, also located within Oklahoma boundaries. The Muskogee have inhabited these reserved lands since they were compelled in the early 1830s to sign removal treaties with the federal government and vacate their ancestral homes in the Southeastern United States.

The Oxford Dictionary defines a "nation" as a "community of people of mainly common descent, history, language, etc., forming a unified government or inhabiting a territory. A second definition simply says that a nation is "a tribe or confederation of tribes of Native Americans." The term derives from the Latin, and when it first appeared it explicitly entailed the idea of common blood ties or descent. As Walker Connor noted in his analysis of the term, it derives from the past participle of the word "nasci," which means to be born.

In the face of looming, tumultuous global change, Red Prophet: The Punishing Intellectualism of Vine Deloria Jr. is a guide for those venturing into Vine's work in search of answers and solutions to Indigenous and non-Indigenous politics, ecology, and organization. David E. Wilkins's insights, based on his personal relationship with Deloria, document the sacred life and legacy of "one of the most important religious thinkers of the twentieth century" (TIME). A must-read for any deep examination of Indigenous legal, religious, social, and philosophical tactics. ; https://scholarship.richmond.edu/bookshelf/1344/thumbnail.jpg

The 567 federally acknowledged indigenous peoples inhabiting the United States occupy a unique political niche within the larger society. Recognized as original sovereigns, they enjoy an extra-constitutional relationship with the federal and state governments, having never been incorporated into the U.S. or state constitutions. Indigenous governments today retain their inherent sovereign status and small remnants of their lands, although their authority as governing bodies and proprietary landholders has been substantially diminished by federal and state statutes, presidential decrees, court cases, and administrative activities—chiefly within the Department of the Interior. Still, the nearly four hundred ratified treaties that were negotiated between 1778 and 1871 affirmed Native sovereignty and established a close, if uneven, enduring political relationship with the United States. Complicating this unique government-to-government arrangement is the reality that federal lawmakers have attempted at various times to forcibly assimilate Native individuals via boarding schools, individualization of tribal property, imposition of Western legal institutions and values, and Christian missionary activity. Notwithstanding the longevity and legitimacy of indigenous peoples as self-governing communities, there is a dearth of literature by political scientists examining the political institutions and politics generated by or affecting Native peoples. Several explanations have been proffered to explain the absence of indigenous politics in the broader field of political science, including the pluralist paradigm, which has great difficulty coping with Native peoples or politics because of tribal nationalism, which is rooted in communalism, treaty rights, and sovereignty; the diverse demographic dimension—nearly 570 Native communities, but with a cumulative population of less than 2 percent of the overall US population; a research emphasis on states; a future-driven orientation that fails to heed to important historical events crucial for Native political development and underdevelopment; and a focus on liberal individualism that struggles to address Native nationalism. While literature on indigenous politics in the United States is meager, there exists sufficient data to provide a sample of commentary in several critical areas, including studies that examine the absence of indigenous politics in the discipline, political activism, voting rights and political behavior, governmental reform and development, intergovernmental relations, and political identity.

Native Americans have been structurally excluded from the discipline of political science in the continental United States, as has Native epistemology and political issues. I analyze the reasons for these erasures and elisions, noting the combined effects of rejecting Native scholars, political issues, analysis, and texts. I describe how these arise from presumptions inherent to the disciplinary practices of U.S. political science, and suggest a set of alternative formulations that could expand our understanding of politics, including attention to other forms of law, constitutions, relationships to the environment, sovereignty, collective decision-making, U.S. history, and majoritarianism.