Tribal Strategy in the Self-Determination Era

48 Pages Posted: 21 Sep 2017

Date Written: September 20, 2017

Abstract

In 1970 Vine Deloria wrote an article postulating the strategy of tribes in the new era of self-determination. Deloria postulated that tribes were pressing for complete independence from federal domination while retaining the maximum federal protection of the land base and services.

This statement formed the basis for this article. Forty Seven years after Vin Deloria postulated his strategy it seemed appropriate to test whether it was correct and whether it was still valid. In order to test it this paper selects three accomplishments that have been hailed by tribal leaders as being of major importance for Indian tribes. The areas selected are self-determination, violence against women and tribal energy resource agreements. I provide the background of each area which covers the time frame up to passage of the affected legislation. I then discuss the issues involved and in the case of VAWA I compare statistics from surveys with data from the FBI and U.S. Attorney’s office. I offer a conclusion to see how the issue compares with the Deloria strategy.

I then look at the trust relationship in general to see if or how it has evolved over time particularly since the advent of the self-determination era. This discussion revolves around the disparate views that have evolved and continue to evolve regarding the meaning of the trust responsibility. The evidence shows that tribal advocates have doubled down on their understanding of the trust and that this may be one of the most contentious issues for tribes moving forward. Finally I review some recent political and legislative events in the context of the strategy and conclude overall that the strategy indeed remains but further study is needed to gauge the impact to the various tribes.

Keywords: Indians, tribal strategy, self-determination

Suggested Citation

Parker, Phil, Tribal Strategy in the Self-Determination Era (September 20, 2017). Available at SSRN: https://ssrn.com/abstract=3040118 or http://dx.doi.org/10.2139/ssrn.3040118

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