On the Drafting of Tribal Constitutions

by Cohen, Felix S.

• ISBN13: 9780806138060
• ISBN10: 0806138068
• Format: Hardcover
• Copyright: 2007-03-30
• Publisher: Univ of Oklahoma Pr

Summary

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 Constitutionsshows 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.

Author Biography

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.

Table of Contents

Basic memorandum on drafting of tribal constitutions
Introduction	p. 3
Name of organization	p. 5
Statement of purposes	p. 6
Territory and membership	p. 13
Offices and titles	p. 19
District organization	p. 22
Form of governing body	p. 28
Relation of the Indian service to tribal government	p. 33
Place of chiefs in tribal government	p. 37
Conduct of elections	p. 40
Tenure of office	p. 47
Popular initiative and referendum	p. 50
Powers of tribal self-government	p. 55
Declaration of the rights of the people	p. 76
Bylaws : duties of officers	p. 79
Bylaws : qualifications for office	p. 92
Bylaws : oaths of office, insignia, and ceremonials	p. 95
Bylaws : salaries of officials	p. 101
Bylaws : procedure of governing body	p. 103
Bylaws : judicial code	p. 113
Bylaws : code of misdemeanors	p. 132
Bylaws : law of domestic relations	p. 137
Bylaws : property	p. 143
Bylaws : taxation	p. 165
Bylaws : public welfare	p. 168
Model constitution	p. 173
Outline of tribal constitution and bylaws	p. 178
Model corporate charter	p. 183
Table of Contents provided by Blackwell. All Rights Reserved.