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 BASICSTHE BASICS

FEDERALISMFEDERALISM SOVEREIGNTYSOVEREIGNTY

HOW DO YOU DEFINE THESE HOW DO YOU DEFINE THESE TERMS? Ask a partner!TERMS? Ask a partner!

We will review 2 sources.We will review 2 sources.

Representative Democracy in Representative Democracy in AmericaAmerica

SovereigntySovereignty

Sovereign means to have the highest rank or authority. Sovereign means to have the highest rank or authority. Federalism is a form of government in which power is divided and Federalism is a form of government in which power is divided and

shared. (American federalism involves divided sovereignty)shared. (American federalism involves divided sovereignty)

Sovereignty

Dine’ government and Bill of Rights

3 branches and A Bill of Rights - 8Legislative

BranchJudicial Branch

ExecutiveBranch

Navajo Nation Chapters

Chapter Membership

Chapter Administration

ChapterOfficials

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.

Federal State

Dine’

Story of change: Post I.G.R.A

Post 1989 & “devolution” Increased assertion of jurisdictional

claims by states Was fairly exclusive Federal (congress)--- tribesNow 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?

LIMITSLIMITS What powers does the Constitution What powers does the Constitution

deny the federal and state deny the federal and state governments?governments?

FedsFeds: tax exports, spend money not approved by : tax exports, spend money not approved by law, suspend the writ of habeas corpus, exercise law, suspend the writ of habeas corpus, exercise powers that belong to states, etcpowers that belong to states, etc

StatesStates:: coin money, tax imports or exports, keep coin money, tax imports or exports, keep an army or navy in peace time, enter into treatiesan army or navy in peace time, enter into treaties

NeitherNeither can deny jury trials, have ex post facto, can deny jury trials, have ex post facto, grant titles of nobility, enact bills of attaindergrant titles of nobility, enact bills of attainder

The stages of Federal Indian Policy The stages of Federal Indian Policy

1. Treaty Federalism1. Treaty Federalism 2. Allotment era2. Allotment era 3. Indian Reorganization Act3. Indian Reorganization Act 4. Termination4. Termination 5. Self-Determination5. Self-Determination

From N. Bruce Duthu: From N. Bruce Duthu: American Indians and American Indians and the Lawthe Law

Current EventsCurrent Events

What current problems in your community What current problems in your community can be used as examples of the relationship can be used as examples of the relationship between federalism and sovereignty?between federalism and sovereignty?

Lesson: Federalism and School Lesson: Federalism and School Safety: a caseSafety: a case

A question of federalism: guns and school A question of federalism: guns and school safetysafety

READ HANDOUTREAD HANDOUT SPLIT INTO 4 GROUPS, READ YOUR HANDOUTS (1 OR 2)SPLIT INTO 4 GROUPS, READ YOUR HANDOUTS (1 OR 2) AS A GROUP, IDENTIFY THE MAJOR ARGUMENTS AND ADD ONE OR TWO OF 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!YOUR OWN. BE READY TO DEFEND THESE ARGUMENTS…ONE AT A TIME! EACH TEAM WILL GET A CHANCE TO START FIRST.EACH TEAM WILL GET A CHANCE TO START FIRST. STAND UP AND PLEAD YOUR CASE TO THE JUDGE!STAND UP AND PLEAD YOUR CASE TO THE JUDGE! LAST ROUND (IF TIME): OTHER ARGUMENTS NOT COVERED?LAST ROUND (IF TIME): OTHER ARGUMENTS NOT COVERED? POST ARGUMENTS: GET UP AND STAND ON THE SIDE THAT YOU REALLY AGREE POST ARGUMENTS: GET UP AND STAND ON THE SIDE THAT YOU REALLY AGREE

WITH.WITH.

United States v. Alfonso Lopez, JrUnited States v. Alfonso Lopez, Jr

FINDING: unconstitutionalFINDING: unconstitutional Congress exceeded its authority in trying to Congress exceeded its authority in trying to

regulate a local activity. (education)regulate a local activity. (education) Nothing related to gun sales (interstate Nothing related to gun sales (interstate

commerce)commerce)

How is this an example of federalism? How is this an example of federalism? Who/what has sovereignty?Who/what has sovereignty?

Wrap - upWrap - up

What other methods might you use to teach What other methods might you use to teach federalism and sovereignty?federalism and sovereignty?

What sources can you use?What sources can you use? What type of thinking is involved when What type of thinking is involved when

studying these topics?studying these topics?

Best practicesBest practices

3 BRANCHES, ONE GOVERNMENT3 BRANCHES, ONE GOVERNMENT

(by (by Teacher Created Resources) (adapted)Teacher Created Resources) (adapted)

• Venn diagrams, chartsVenn diagrams, charts

• VideoVideo

• Historical eras & storiesHistorical eras & stories

• Cases and interactive discussionsCases and interactive discussions

• BiopoemsBiopoems