"Tribes as Rich Nations" by Raymond Cross
 

Document Type

Article

Publication Date

2000

First Page

893

Volume

79

Source Publication Abbreviation

Or. L. Rev.

Abstract

This article critiques the contemporary doctrine of Indian tribal self-determination thirty years after its inception in President Richard M. Nixon's famed 1970 Indian Message to Congress.

The first part focuses on the three most prominent strategies for tribal self-determination: 1) tribal strategy that seeks to "morph" their inherent and reserved sovereign powers into tribal regulatory powers that are effective throughout Indian Country; 2) tribal strategy that seeks to develop and assert economic sovereignty over their lands, resources, and commercial relationships as a means of revitalizing Indian Country; and 3) tribal strategy that seeks to reassert traditional cultural and religious beliefs and practices as a means to regenerate their societies within Indian Country.

Next the article compares two rival perspectives on the future of tribal self-determination: 1) the standard model of tribal self-determination within Indian Country, which holds promise only for that relatively small minority of tribes who view wealth creation as the central feature of the self-determination effort and are willing to fundamentally reshape their traditional institutions and beliefs to realize that goal; and 2) the transcendental model of tribal self-determination within Indian Country, which may hold greater promise for those tribes who value cultural renewal and social revitalization as the central feature of their tribal self-determination effort.

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