Abstract

http://ssrn.com/abstract=1401468
 


 



The Challenge of 'Differentiated Citizenship': Can State Constitutions Protect Tribal Rights?


Rebecca A. Tsosie


Arizona State University (ASU) - Sandra Day O'Connor College of Law

2003

Montana Law Review, Vol. 64, p. 199, 2003

Abstract:     
One of the most vexing problems in contemporary states with large Native populations is whether the continuing inequities between Native and non-Native peoples are best addressed through the standard framework of Federal Indian Law, in which the federal government mediates tribal-state relations, or through newly articulated legal relationships between states and tribes. Professor Tsosie uses a particular legal provision, Article X of the Montana Constitution, which addresses rights to education and Native cultural heritage, to begin a discussion about future directions to address tribal-state conflicts and the rights of Native and non-Native citizens. The tribe's lands and resources were generally liquidated into a monetary payment, which could be distributed to tribal members. Delegate James Champoux testified that this constitutional provision was the appropriate way to protect the unique manner in which Indian people educated their children within their culture and societies. Thus, the guarantees of Article X, Section 1 of the Montana Constitution are best understood against the policy framework that has guided Native education and the preservation of Native cultural heritage. Presumably this requires the federal government to ensure the quality of education that Native people receive, rather than merely delegating its responsibility to the states.

Number of Pages in PDF File: 47

Keywords: Native people, Indian Law, education

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Date posted: May 10, 2009 ; Last revised: June 14, 2011

Suggested Citation

Tsosie, Rebecca A., The Challenge of 'Differentiated Citizenship': Can State Constitutions Protect Tribal Rights? (2003). Montana Law Review, Vol. 64, p. 199, 2003. Available at SSRN: http://ssrn.com/abstract=1401468

Contact Information

Rebecca A. Tsosie (Contact Author)
Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )
Box 877906
Tempe, AZ 85287-7906
United States
480-965-2714 (Phone)
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