Due Process and Equal Protection in Michigan Anishinaabe Courts

Abstract

In recent years, Michigan Anishinaabe tribal nations have begun to point to traditions, customs, and culturally relevant sources to interpret positive tribal laws such as constitutions, statutes, and regulations. For example, the juvenile justice and domestic violence codes of the Nottawaseppi Huron Band of the Potawatomi incorporate the Noeg Meshomsenanek Kenomagewenen, the Seven Grandfather Teachings. The Nottawaseppi election code does as well. There, the Seven Grandfathers Teachings are defined to include “Wisdom, Love, Respect, Bravery, Honesty, Humility, and Truth.” Additionally, scholarship on Anishinaabe legal philosophy and customary law is growing.

This essay opens with a short description of why tribal governments have the duty and opportunity to interpret the obligations to provide “due process” and guarantee “equal protection” to persons under tribal jurisdiction. The next part delves into federal and state interpretations of those principles. The third part introduces and summarizes some Anishinaabe legal philosophies. The final part offers suggestions on how those legal philosophies can be used by tribal governments to interpret “due process” and “equal protection” in light of Anishinaabe culture.

Keywords: Michigan Tribal Courts, Anishinaabe, Mino-Bimaadiziwin, Seven Grandfather Teachings