Exercising the Right of Self-Rule: Tribal Constitutional Law and Customary Law
Document Type
Article
Publication Date
Fall 12-10-2024
First Page
94
Volume
51
Issue
1
Source Publication Abbreviation
Mitchell Hamline Law Review
Abstract
As we reflect upon the Anishinaabe story of Wenji-Nibwaakaad Nenabozho (Why the Trickster is so Smart), in the context of the development and implementation of tribal constitutions, tribal nations must ask themselves whether the federal government was playing a trick on tribal nations by imposing the Indian Reorganization Act and its corresponding constitutions and Anglo-American governing principles upon Indian country. Are these documents and corresponding governing principles actually “shit,” dressed up as smart berries under the guise of making tribal nations “wise” in the image of Anglo-American law? After ninety years its time tribal nations become wise and return to traditional constitutional principles based upon tribal customary law and inherent tribal constitutions.
Recommended Citation
Kekek Jason Stark, Exercising the Right of Self-Rule: Tribal Constitutional Law and Customary Law, 51 MITCHELL HAMLINE L. REV. 94 (2024).