The Policy Position asks for "Congressional response to recognition of Indian Nation’s regulatory authority in hunting and fishing, leasing and rights-of-way. A congressional recognition of civil authority to Indian Nations including the right to tax and regulate all commercial activities taking place within the exterior boundaries of Indian country. State jurisdiction to tax any activity whether engaged in by Indians or non-Indians must be extinguished…" "In addition, Congress must enact legislation that ensures a substantive tribal role in the confirmation of all federal judges who adjudicate Indian Country matters." "[T]he United States Government…should recognize an Indian Nation’s inherent criminal jurisdiction over all persons and offenses committed in Indian Country." The Council states that, "The spirit of Indian nations is so powerful that no one can diminish it if we stand together."
Because of changes in federal Indian policy and expanding reservations, several hundred thousand non-Indians currently live on Indian reservations. Note also that these demands apply to "Indian Country" which includes "dependent Indian communities" and these communities "mean any area which is Indian in character." Thus, they might apply to sections of many of our major cities and other off-reservation communities.
The Tribal Leaders
Forum did meet in Washington D.C. on September 11th and according to the
National Congress of American Indians’ web site they reached a consensus to
begin an organized effort to halt and reverse the Supreme Court’s erosion of
tribal sovereignty. Recognizing that this effort must be comprehensive in its
approach, the leadership laid out an overall strategic plan. This plan is very
ambitious and it was made clear that in order to achieve these goals, Indian
Nations must unify and commit time, resources and effort on a great scale. In
summary, the strategic plan is as follows:
I.
Develop Federal Legislation to Reaffirm Tribal Jurisdiction
II.
Form a Supreme Court Project to Support and Coordinate Tribal Advocacy
Before the Supreme Court
III.
Promote Strategies for Tribal Governance that Will Protect Tribal
Jurisdiction
IV.
Increase Tribal Participation in the Selection of Federal Judiciary
V.
Develop a Media and Advocacy Strategy That Will Inform Congress, the
Public and Tribal Leadership About Tribal Governance and will Promote the
Overall Initiative
VI.
Implement a Fundraising Campaign to Support NCAI and NARF and Related
Expenses in Promoting the Initiative
"At the meeting, tribal leadership from every region of the country concluded that they must initiate a unified national effort to protect tribal sovereignty in the face of the threats posed by the Supreme Court. It was made very clear that tribal leaders must put forward a great collective effort for this initiative to succeed. Four national tribal organizations, NCAI, NARF, the National American Indian Court Judges Association and the National Indian Gaming Association coordinated in putting together the first meeting, and we invite all other tribal organizations to join with us."
The Fed. Bar Assn.'s 27th Annual Indian Law Conference in Albuquerque, April 4-5, 2002, is another example of the tribal response to these recent Supreme Court decisions. It is entitled "Reaffirming Tribal Sovereignty in an Era of Judicial Activism". One of the principle panels will be discussing the status of tribal jurisdiction over non-Indians. The conference will be evaluating various tribal proposals to overturn Nevada v. Hicks and find a "congressional fix" to give tribes increased civil and criminal jurisdiction over non-Indians.
The tribal establishment is aggressively demanding exclusive race-based governments, in racially defined territories, not only to rule their own affairs but also those of other races even though these other races are excluded, because of their race, from all political participation in tribal government. With recent decisions, the Supreme Court has acknowledged this as a problem. Unfortunately, many of this country’s elites in academia, the media and Congress are supporting tribal demands. Are "Indian nations…so powerful that no one can diminish them”? We may soon see.