Presentation on theme: "FEDERALISM & SOVEREIGNTY PRESIDENTIAL ACADEMY DENVER, CO."— Presentation transcript:
FEDERALISM & SOVEREIGNTY PRESIDENTIAL ACADEMY DENVER, CO
Story… The Associate Attorney General of Oregon used to give seminars for state lawyers on legal relationships with Tribes and used an analogy: “ Think of Oregon with nations like France in it when you think about the tribes ”. After the presentation a woman approached him and said, “ Good analogy…but don ’ t you have it backwards? ” Sue Leeson, Oregon Supreme Court
THE BASICS FEDERALISM SOVEREIGNTY HOW DO YOU DEFINE THESE TERMS? Ask a partner! We will review 2 sources.
Sovereignty Sovereign means to have the highest rank or authority. Federalism is a form of government in which power is divided and shared. (American federalism involves divided sovereignty) Sovereignty
Dine’ government and Bill of Rights 3 branches and A Bill of Rights - 8 Legislative Branch Judicial Branch Executive Branch Navajo Nation Chapters Chapter Membership Chapter Administration Chapter Officials Legislative Administrative Executive
COMPLEXITIES OF FEDERALISM What powers are delegated to each? Group activity: At your table, work together to complete the Tri-Venn diagram. FederalState Dine ’
Story of change: Post I.G.R.A Post 1989 & “ devolution ” Increased assertion of jurisdictional claims by states Was fairly exclusive Federal (congress)--- tribes Now Fed & State ----- tribes
SEVEN AREAS RELATING TO INDIGENOUS GOVERNANCE 1. Criminal jurisdiction & policing 2. Hunting & fishing regulation 3. Self government (H20 etc) 4. Taxation & Development (tobacco, motor fuel & gaming 5. Child protection & Welfare 6. Gaming (creation of state compacts) AZ, CA & NM 7. Homeland security (funding skipped tribes post 9-11)
Teaching with the Venn If states are developing political and legal relationships with indigenous nations, then how do you draw the Venn? U.S.A. Dine States?
INTERPRETATION FOR YOUR STUDENTS What parts of the tri-venn diagram are most problematic? Why? Why was the idea of sovereignty tied to federalism? What writing activities might be appropriate?
LIMITS What powers does the Constitution deny the federal and state governments? Feds: tax exports, spend money not approved by law, suspend the writ of habeas corpus, exercise powers that belong to states, etc States: coin money, tax imports or exports, keep an army or navy in peace time, enter into treaties Neither can deny jury trials, have ex post facto, grant titles of nobility, enact bills of attainder
The stages of Federal Indian Policy 1. Treaty Federalism 2. Allotment era 3. Indian Reorganization Act 4. Termination 5. Self-Determination From N. Bruce Duthu: American Indians and the Law
Current Events What current problems in your community can be used as examples of the relationship between federalism and sovereignty?
Lesson: Federalism and School Safety: a case A question of federalism: guns and school safety READ HANDOUT SPLIT INTO 4 GROUPS, READ YOUR HANDOUTS (1 OR 2) AS A GROUP, IDENTIFY THE MAJOR ARGUMENTS AND ADD ONE OR TWO OF YOUR OWN. BE READY TO DEFEND THESE ARGUMENTS…ONE AT A TIME! EACH TEAM WILL GET A CHANCE TO START FIRST. STAND UP AND PLEAD YOUR CASE TO THE JUDGE! LAST ROUND (IF TIME): OTHER ARGUMENTS NOT COVERED? POST ARGUMENTS: GET UP AND STAND ON THE SIDE THAT YOU REALLY AGREE WITH.
United States v. Alfonso Lopez, Jr FINDING: unconstitutional Congress exceeded its authority in trying to regulate a local activity. (education) Nothing related to gun sales (interstate commerce) How is this an example of federalism? Who/what has sovereignty?
Wrap - up What other methods might you use to teach federalism and sovereignty? What sources can you use? What type of thinking is involved when studying these topics?