Perspectives of Sovereignty

Inquiry Design Model (IDM) Blueprint™ “Perspectives of Sovereignty” | OSEU 6: Sovereignty & Treaties Compelling Question How has the definition of tribal sovereignty changed since 1803, and what are the impacts of these changes on the Oceti Sakowin concepts of land stewardship and sovereignty? Standards and Practices OSEUS 6.2: Describe how Oceti Sakowin land stewardship was impacted through the process of treaty making and land ownership (1532-1828) OSEUS 6.5: Demonstrate an understanding of how Oceti Sakowin tribal governments participate differently with state(s) and the federal government (historically to the present) SS 9-12. C.4.3: Summarize the constitutional principles of popular sovereignty, limited government, separation of powers, checks and balances, judicial review, and federalism SS 9-12.C.5.2: Identify ways of becoming a United States citizen including the keys steps in the naturalization process and recognize the intended and unintended consequences of this process Staging the Question View former President George W. Bush defining tribal sovereignty: https://www.youtube.com/watch?v=kdimK1onR4o Conduct a whole-class discussion on what are the elements of sovereignty? What are some characteristics of sovereign nations? What is the meaning of unilateral? What is the meaning of bilateral? Discuss ways in which someone can become a citizen (cover list at http://digital.library.okstate.edu/kappler/vol4/html_files/v4p1165.html). Discuss the concept of land stewardship (e.g. conservation and preservation- e.g. picking sage correctly- cutting not pulling roots) Watch “They’ll say, “I didn’t know” by Jesse Taken Alive; followed by the three videos listed below (Stephanie Charging Eagle; Faith Spotted Eagle, Joseph Marshall III) http://www.wolakotaproject.org/oseu-six-jesse-taken-alive-theyll-say-i-didnt-know/ Supporting Question 1 Supporting Question 2 Supporting Question 3 What did sovereignty look like for the Oceti Sakowin before European/American contact? How do the following treaties, acts, policies or court decisions affect the definition of tribal sovereignty and the Oceti Sakowin land base? 1823 Justice Marshall decision Johnson v. M’Intosh Forced treaties: 1825 treaties w several bands; 1851; 1868 & federal Act declaring no more treaties 1871 Forced citizenship 1924 Department of Justice Policy on Indian Sovereignty (July 1995) How has former President Clinton’s executive order on government-to- government relations served to strengthen rights of tribal governments since 1994 (e.g. recent case, relationship with federal agencies such as National Park Service or Bureau of Land Management, etc.) Formative Performance Task Formative Performance Task Formative Performance Task Invite local Oceti Sakowin community member to take class on field trip to harvest sage in a manner that demonstrates Oceti Sakowin land stewardship. (locate and harvest sage or wild berries depending on season) Return to classroom and view John Truedell video “Crazy Horse” Describe your understanding of what tribal sovereignty was like before European/American contact in one to two paragraphs. Divide class into four groups- each group will address one topic and instruct the class through a PowerPoint, or other presentation that answers the question for that topic Group 1: Indian Citizenship Act of 1924 Group 2: Use the March 3, 1871 Act at and at least one of the following treaties in your answer: 1825, 1851 or 1868 Group 3: Johnson v. M’Intosh 1823 United States Supreme Court case Group 4: Department of Justice/US Attorney General Janet Reno Statement regarding Indian Sovereignty, 1995 After reviewing the resources listed below, create a table, outline, PowerPoint or other type of presentation, outlining the federal consultation process between tribal governments and federal agencies or departments Featured Sources Featured Sources Featured Sources Video of John Trudell poem “Crazy Horse” as produced by James Cortez, Red Heart Productions https://youtu.be/Ku8ga-krBe4 Stephanie Charging Eagle Interview in OSEU 6 on “The Impact of Forced Treaties” on Wolakota Project website http://www.wolakotaproject.org/os eu-six/oseu-six-interview-with- stephanie-charging-eagle/ Faith Spotted Eagle Interview Part 4 on Treaties on Wolakota Project website http://www.wolakotaproject.org/os eu-six/oseu-six-faith-spotted-eagle- part-4-treaties-and-the-us- constitution/ Joseph Marshall III on “Indian Law ‘Before and After’ “ on Wolakota Project website http://www.wolakotaproject.org/os eu-six-interview-with-joseph- marshall-iii/ President Clinton’s Memorandum 1995 at https://www.nps.gov/nagpra/AGENC IES/Clinton_Memorandum.htm President Clinton’s Executive Order at https://www.gpo.gov/fdsys/pkg/FR- 2000-11-09/pdf/00-29003.pdf President Obama’s Memorandum 2009 at 74 Fed. Reg. 57881 BIA policy at http://www.bia.gov/cs/groups/publi c/documents/text/idc-002000.pdf Article summarizing Federal Consultation requirements at http://apps.americanbar.org/buslaw /committees/CL121000pub/newslett er/201101/galanda.pdf Indian Citizenship Act of 1924 at http://digital.library.okstate.edu/kap pler/vol4/html_files/v4p1165.html March 3, 1871 act ending tribal treaty powers after that date at: https://www.law.cornell.edu/uscode /text/25/71 Johnson v. M'Intosh, 21 U.S. (8 Wheat.) 543 (1823) at https://www.law.cornell.edu/supre mecourt/text/21/543 ; and video summary at https://www.youtube.com/watch?v =xgLxZ-OdUnc US Attorney General & Department of Justice policy on Indian Sovereignty 1995 at https://www.justice.gov/ag/attorney -general-june-1-1995-memorandum- indian-sovereignty Treaties: 1825 at http://digital.library.okstate.edu/kap pler/Vol2/treaties/ogl0230.htm 1851 at http://digital.library.okstate.edu/kap pler/Vol2/treaties/sio0594.htm 1868 at http://digital.library.okstate.edu/kap pler/Vol2/treaties/sio0998.htm Map showing diminishment of territory over time: http://baltimorechronicle.com/2008 /112108Lendman.html Native Sun News article about recent Nebraska case at http://www.nsweekly.com/news/20 16-06- 01/Top_News/Judges_side_with_trib e_big_win_for_Pine_Ridge_Rese.htm l?print=1 Summative Performance Task Argument Research and write a brief essay answering the following question: Why is tribal sovereignty sometimes referred to as “quasi-sovereignty”? Extension Answer the following question: What are the consequences of the Oceti Sakowin being made United States citizens without their consent or knowledge? Taking Informed Action After review of the resources listed in Performance Task Three above, complete the “What If” worksheet attached WORKSHEET - PERSPECTIVES OF SOVEREIGNTY LESSON WHAT IF……….. Say you are a tribal leader or lawyer, and one of the more intrusive federal agencies you have read about begins appraising an area located partially on your reservation and partially bordering your reservation. The proposed site contains lots of zeolite deposits (a rock used in gravel which often naturally shields uranium deposits), and the appraisal is being conducted (to determine whether to approve a private mining project of the zeolite. The agency clearly has the power to do so, authorized either by preemptive federal law, precedent, or both. You are unsure whether all of the appropriate federal agencies are aware of the project’s application. Using the resources you have recently reviewed, what steps would you recommend your tribe take? How could you enforce the tribe’s federal consultation rights to help your tribe?