Negotiated Sovereignty

by Ashley, Jeffrey S.

• ISBN13: 9780275969493
• ISBN10: 0275969495
• Format: Hardcover
• Copyright: 2003-11-30
• Publisher: Praeger Pub Text

Summary

Ashley and Hubbard examine ways that tribal/state relations can be improved in the United States. While the long history of tribal-state relations point to the need for better cooperation, they contend that the first and most vital step is a greater understanding of the role that tribal governments play in the federal system. All too often, they assert, tribes are overlooked as viable political entities with unique legal and political status. They begin by providing background information needed for an understanding of the position that tribal governments hold in the broader United States system. Often overlooked is that tribal governments are, by legal standards, equal to or greater than states. The federal/tribal/state order of primacy must be established in order to understand state/tribal intergovernmental relations. Ashley and Hubbard then provide case studies necessary to provide evidence of both positive and negative tribal/state relations. Following a brief background of the tribe in question--where they are located, any pertinent treaty information--they examine instances over time where this particular government has been in conflict or concert with the state in which they currently reside. This lays a foundation for understanding current relations. They then look at the level of cooperation--or lack thereof--between the tribe and the state across key areas of policy making and implementation--air pollution control, water management, and law enforcement. Through this they pinpoint common themes that facilitate or work against cooperative efforts. They conclude by proposing an alternative model for understanding tribal/state relations and offer an alternative approach for both sides when dealing with one another; one designed to improve cooperative handling of issues.

Author Biography

JEFFREY S. ASHLEY is Assistant Professor of Political Science, Saginaw Valley State University, Saginaw, Michigan. In addition to essays in published collections, he is the co-author, with Zachary Smith, of Groundwater Politics and Policy in the West.SECODY J. HUBBARD currently works for the United States Environmental Protection Agency (USEPA) in the Office of Policy and Management.

Table of Contents

I. The History and Background	1	(42)
Introduction	3	(10)
The Setting: Federalism, Intergovernmental Relations, and Vacillating Views toward Tribal Governments	13	(14)
Sovereignty and the State-Tribal Relationship	27	(16)
II. Real World Tribal-State Interaction	43	(74)
The Campo Band of Kumeyaay Indians	45	(12)
The Navajo Nation	57	(12)
The Puyallup Tribe	69	(10)
The Confederated Salish-Kootenai Tribes of the Flathead Nation	79	(12)
The Shoshone-Bannock Tribes	91	(12)
The St. Regis Mohawk Nation	103	(14)
III. Looking Forward	117	(10)
Conclusion: New Directions for State-Tribal Relations	119	(8)
Bibliography	127	(6)
Index	133