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.

Representative Democracy in America

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

WHAT IS A FEDERAL SYSTEM OF GOVERNMENT?

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?

Best practices  3 BRANCHES, ONE GOVERNMENT (by Teacher Created Resources) (adapted) Venn diagrams, chartsVenn diagrams, charts VideoVideo Historical eras & storiesHistorical eras & stories Cases and interactive discussionsCases and interactive discussions BiopoemsBiopoems