“The Congress shall have power…to regulate commerce with ...



My Country ‘Tis of Thee, Sweet Land of…Tribal Sovereignty19945351112520“A lot of our things are disappearing today. But we still have a strong belief, that as long as we take care of the land, as long as we practice the treaty, have that treaty piece of paper in our hand, that’s our legal documentation.“And that gives us the right to use accustomed areas. And something that our elders instilled in us, and it’s up to us today to practice that and also tell our younger people, our children, our grandchildren, this is how we’re going to survive.” –Marjorie Waheneka, Cause/Palouse00“A lot of our things are disappearing today. But we still have a strong belief, that as long as we take care of the land, as long as we practice the treaty, have that treaty piece of paper in our hand, that’s our legal documentation.“And that gives us the right to use accustomed areas. And something that our elders instilled in us, and it’s up to us today to practice that and also tell our younger people, our children, our grandchildren, this is how we’re going to survive.” –Marjorie Waheneka, Cause/PalouseStillaguamish. Yakama. Chinook. Squaxin. Skokomish. Spokane. Colville. Did you know that these are names of different nations? It’s true! The United States, Washington State, county, and local governments all consider Indian tribes sovereign—or independent—nations. Whenever you hear the term “Indian Country” to describe Indian reservations, they really mean Indian Country!So how did tribes become nations? The short answer is that as long as there have been Indian tribes on this continent, there have been Indian nations. Remember that there were well over 500 Indian nations on the North American continent before any colonists settled here. According to Indian beliefs, these nations have existed since time immemorial, or since the beginning of time. The 13 Colonies dealt with tribal nations as individual countries. The Colonists had to seek permission from tribal governments to settle on their land, and both had to agree on how they would treat each other. Those agreements, or promises, are called treaties. The framers, or writers, of the United States Constitution, realized that it was important deal with tribes as sovereign nations, and they made rules about the relationship they wanted to have. Those rules are in two places in the United States Constitution: the Supremacy Clause and the Commerce Clause.The Commerce Clause says, “The Congress shall have power…to regulate commerce with foreign nations, and among the several states, and with the Indian Tribes.” (Article I, Section 8, Clause 3). What this means is that the United States buys, sells, and trade goods and services with Indian nations much like they do with any other foreign nation. But there is a difference. Because Indian Nations reside within the borders of the United States—and must obey federal laws and pay federal taxes—they have unique status that other countries like Canada and Mexico do not. In exchange for permission to live on tribal land, the United States made promises to provide certain things for Indians, such as education and healthcare. These promises, in the form of treaties, are still in force today. The United States takes those promises very, very seriously. Our Constitution says, “…the laws of the United States…and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land…” U.S. Article VI, Clause 2 This “Supremacy Clause” is a fancy way of saying that treaties agreements are some of the most important laws in our country. In fact, treaties can override—or cancel out—local, state, and federal laws that ignore treaty agreements.42805351744980Tribes gave up billions of acres of their homelands in exchange for government services like education, healthcare, and the right to govern themselves while on their tribal land. Dots and red areas above represent Indian reservations today. What must have happened to make tribes give up so much land?00Tribes gave up billions of acres of their homelands in exchange for government services like education, healthcare, and the right to govern themselves while on their tribal land. Dots and red areas above represent Indian reservations today. What must have happened to make tribes give up so much land?3366135-52705The treaties between Washington area tribes and the United States were created in 1854 and 1855. Just like Colonial times, non-Indians wanted to settle on Indian lands in the Northwest, and the only way they could do so was with permission granted by Indians through treaties. In exchange for the millions of acres that settlers could own, Indian tribes kept some very important rights. Some of their rights are the ability to:keep land reserved only for them (This is where the term “reservation” comes from.);keep their own forms of government;tax Indians and non-Indians while on Indian land;practice their own religions;decide for themselves who can be members of their tribes, andhave their own law enforcement and justice systems.Many times, the only non-tribal laws that affect Indians while on their reservations are federal laws. This is one reason why tribes can own and operate casinos while other non-Indian businesses cannot. There is no federal law against gambling; whether or not states allow gambling is up to them.*-100965954405“The attitude is, with treaties, is that the Federal Government gave the Nez Perce tribe in the treaty of 1855. They didn’t give us anything. They didn’t give us anything, they took. They took from us, a lot.“And what we did as a people is we reserved, through those treaties, some rights. You know, hunting and fishing and gathering. We reserved those rights. And I just can nevery say it enough, I am so thankful for the wisdom of our elders in negotiating our treaties, because I know that there are other tribes that are not as fortunate as us.” --Lee Bourgeau, Nez Perce00“The attitude is, with treaties, is that the Federal Government gave the Nez Perce tribe in the treaty of 1855. They didn’t give us anything. They didn’t give us anything, they took. They took from us, a lot.“And what we did as a people is we reserved, through those treaties, some rights. You know, hunting and fishing and gathering. We reserved those rights. And I just can nevery say it enough, I am so thankful for the wisdom of our elders in negotiating our treaties, because I know that there are other tribes that are not as fortunate as us.” --Lee Bourgeau, Nez PerceThough the relationship between the United States and tribal nations is spelled out in the US Constitution and in treaties, the United States and individual states often violate—or break—those treaties. Tribes often have to go to court to force people to honor their treaty rights. Washington State, however, has worked hard recently to rebuild its relationship with tribes, such as partnering with tribes to save salmon habitats and passing the 1989 Centennial Accord where our state promises to respect and work with tribes to strengthen government-to-government relationships. This means that Washington State recognizes that Indian tribes are nations with governments.Author: Shana Brown (Yakama descendant)Name:Class Period:Date:“My Country Tis of Thee, Sweet Land of…Tribal Sovereignty”Comprehension and Critical Thinking QuestionsDirections: After reading “My Country ‘Tis of Thee…”, answer the questions below.1. Define the following terms in your own words:time immemorialnationsovereigngovernment-to-governmentCentennial Accord2. Complete the following sentence: The relationship between the United States and tribal nations is like ,because 3. True or False (circle one): Tribal governments can tax non-Indians while they are on that tribe’s reservation.4. Complete the following sentence: According to the United States Constitution, treaties are the .5. Two of the things the United States promised to provide for Indian tribes in exchange for their land areand.6. How are Indian nations different from the nations of Canada or Mexico?(More on the back)7. Some people believe that the treaty agreements made between the United States and tribal nations should be eliminated. a. Do you agree or disagree? b. Why?c. What did you learn in this article that makes you think this way?8. If there were a federal law against casinos, could tribes own and operate casinos anyway?Why do you think so?9. In the space below or on a separate piece of paper draw a picture of ONE of the following:Your idea of what treaties mean to Indian tribesYour idea of what treaties might mean to non-IndiansHow treaties might affect YOU *Challenge: Use no words, letters, or numbersKEY“My Country Tis of Thee, Sweet Land of…Tribal Sovereignty”Comprehension and Critical Thinking Questionstime immemorial: the beginning of timenation: a large group of people that resides in a country or region that has its own form of government and laws.sovereign: independentgovernment-to-government: how two governments treat and respect each otherCentennial Accord: Washington State’s promise to respect and work Indian nations on a government-to-government basis2. The relationship between the United States and tribal nations is like (answers will vary) e.g., two links in a chain, because they are both governments, but they work together or are a part of each other.3. True4. According to the United States Constitution, treaties are the “Supreme law of the land.”5. At least two of the following:keep land reserved only for them;keep their own forms of government;tax Indians and non-Indians while on Indian land;practice their own religions;decide for themselves who can be members of their tribes, andhave their own law enforcement and justice systems.6. Indian nations’ borders are within the United States borders where Canada and Mexico are outside the US borders.7. Answers will vary8. Though some Washington tribes may disagree, the general answer is that, no, tribes would not be able to operate casinos, because in the article it says that Indian tribes must obey federal laws.9. Answers will vary. ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download