Transcript Deepening Understanding of Tribal Sovereignty

Since Time Immemorial
Sovereignty Curriculum
Office of Native Education (ONE)OSPI
Robin Butterfield
971-506-5338
[email protected]
Welcome to the Since Time Immemorial
Tribal Sovereignty Curriculum Training!
1. Please sign in.
2. Pick up your packet.
3. Take a few moments to draw your own
sacred space, a place which has special
meaning and significance to you.
That’s me
I came here eager to learn.
Basic Training components
Setting the stage/building the climate
Deepening understanding of tribal
sovereignty
Navigating the website
Modeling some sample lessons
Beginning lesson development and
planning
Review of Documents
Overview, History, and Partnering
Terms and Timelines
Since Time Immemorial
BINGO
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Sign your name in the center square.
Sign only one square for another person.
Learn as you go.
Going for a blackout, but call out when you
have a BINGO in any direction.
Since Time Immemorial
BINGO
What?- So what?- Now what?
Objectives of an AI/AN Culturally
Appropriate Curriculum:
 Strengthens the self-concept for Native students
by giving credence to their culture in the daily
activities of the classroom.
 Increases students’ motivation by making school
experience more relevant and meaningful.
 Helps teachers and all students acquire
knowledge and self respect and increase
appreciation for human and cultural diversity.
 Makes teaching an learning more fun!
American Indian/Alaska Native Greetings
• Aneen
• Po’so
• Big ett numa
• Sa go’le
• Lol ma
• Ni do sha tsi i
Guiding principles:
1.Teach with a multiple perspectives approach.
2. Focus on the tribal group(s) closest to the school
first.
3. Deal with real life, sometimes controversial issues.
4. Recognize that culture is dynamic and always evolving.
5. Connect the head with the heart with the hands for
healing.
6. Stress the resiliency of Native cultures, despite
intentional oppression and neglect.
7. Emphasize that co-responsibility for change involves
developing allies who know how to take action.
Guiding Principle 1
Teach with a multiple perspectives
approach.
Intersection
Truth is an eternal conversation
about things that matter.
Parker Palmer
Ramona’s Lesson—Diary Situation
Since your ships’ first landing in the New World, you have
had constant contact with various Indian tribes. The first
Indians were generally friendly. They often were very helpful.
While there were some difficulties, the local Indians were
basically friendly. They came to your aid during that first
winter. Without them, you probably would not have survived.
They have been welcomed into your homes and have often
shared your meals, your good times, and your sorrows.
Now tragedy has struck. Last Friday a well organized Indian
attack was launched across your colony. Several hundred
colonists—men, women, and children—were slaughtered. Many
of these colonists were killed at their dinner table, with their
own guns as they shared their meal with their “friends.” This
attack came as a total surprise and shock.
History, despite its wrenching
pain, cannot be unlived, but if
faced with courage, need not be
lived again.
Maya Angelou
President Clinton’s Inauguration
Guiding Principle 2
 Focus on the tribal group(s) nearest the
school.
Guiding Principle 3
 Deal with real life, sometimes controversial
issues.
Guiding Principle 4
 Recognize that culture is dynamic and always
evolving.
Guiding Principle 5
 Connect the Head with the heart with the
hands for healing
Connect head with heart with
hands for healing
Teach Indian education on all
four levels:
Head -
factual information
Heart -
attitude and feelings
Hands -
what you do
Healing - greater respect for
human diversity
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Guiding Principle 6
 Stress the resiliency of Native cultures,
despite intentional oppression and neglect.
Guiding Principle 7
 Emphasize that co-responsibility for change
involves developing allies who know how to
take action.
Co-Responsibility
 Speaking out for
 Sharing in the
social justice
problem-solving
responsibility
 Moving beyond our
narrow self Focusing on
interests
systemic change
 Embracing
communityHas social action as
building and
its outcome!
stewardship for
others
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Guiding principles:
1.Teach with a multiple perspectives approach.
2. Focus on the tribal group(s) closest to the school
first.
3. Deal with real life, sometimes controversial issues.
4. Recognize that culture is dynamic and always evolving.
5. Connect the head with the heart with the hands for
healing.
6. Stress the resiliency of Native cultures, despite
intentional oppression and neglect.
7. Emphasize that co-responsibility for change involves
developing allies who know how to take action.
Deepening
Understanding of
Tribal Sovereignty
What do we already know about
Tribal Sovereignty?
Think/pair/share
Common Misconception
"Tribal sovereignty means
that. It's sovereign. You're a
... you're a ... you've been
given sovereignty and you're
viewed as a sovereign entity."
Right or Privilege Activity
Right or Privilege Activity
• Distinction between personal rights, rights of groups,
and rights of nations.
• Rights issues are complex and often taken to courts.
• Courts have tended to rule in favor of Tribal rights.
• The legal agreement between Tribes and the federal
government is why there is a distinction between
Indians and other racial/ethnic groups.
Powers Inherent to
Sovereigns
To determine form of
government
To make and enforce laws
To define conditions for
citizenship in the nation
To regulate domestic and
international trade
To impose and collect
taxes
To regulate property use
To regulate domestic
relations of its members
(marriage, divorce, etc.)
To appropriate monies
To establish a monetary
system
To make war and peace
To form alliances with other
nations through treaties,
contracts, or agreements
Tribal Sovereignty affects every
issue that tribal communities are
facing, including:
Education
Environmental Protection
 Healthcare
 Safety and Security ( including civil and criminal
jurisdiction)
Taxation
Economic Development
General Considerations
 An understanding of tribal sovereignty
is key to understanding many
controversial issues involving American
Indians.
 Tribal sovereignty is best understood
in the context of lessons on politics
and government.
 Concepts related to tribal sovereignty
can be introduced as early as 3rd-4th
grade.
Treaties and Treaty Making
 Treaties are formal, negotiated
agreements between sovereign
governments.
 Each party takes on certain
responsibilities and obligations, which
limit the exercise of sovereignty for both
parties.
 Under Article VI of the U.S. Constitution,
treaties are part of the “Supreme Law of
the Land.”
United States Constitution,
Article VI
“This Constitution, and the laws of
the United States which shall be
made in pursuance thereof; and all
treaties made, or which shall be
made, under the authority of the
United States, shall be the supreme
law of the land; and the judges in
every state shall be bound thereby,
anything in the Constitution or
laws of any State to the contrary
notwithstanding. “
Article I: Commerce Clause
Section 8: The congress shall have
the Power to lay and collect taxes,
Duties, Imposts and Excises, to pay
the debts and to provide for the
common Defense and general
Welfare of the United States; but all
Duties, Imposts and Excises, shall be
uniform throughout the United
States;
To borrow Money on the credit of
the United States;
To regulate Commerce with foreign
Nations’ and among the several
states, and with the Indian Tribes…
• Treaties are land contracts or grants of
rights to the United States by Tribes.
• Through treaties, Tribal rights are:
-Expressly retained
-Expressly relinquished
-Not expressly relinquished
Powers Retained by Tribes
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Right to form a government
Right to determine tribal membership
Right to regulate tribal lands
Right to regulate individually owned lands
Right to tax
Right to maintain law and order
Right to regulate conduct of non-members
Right to regulate domestic relations
Right to engage in and regulate commercial
activity
Misconception of Treaties in
Washington State
 Initiative 456, approved November 6, 1984
“….No citizen shall be denied equal access to and
use of any resource on the basis of race, sex,
origin, cultural heritage, or by and through any
treaty based upon the same.”
 Federal law supersedes state law and thus this
state law is illegal.
Indian Citizenship Act of 1924
"BE IT ENACTED by the Senate and house of
Representatives of the United States of America in
Congress assembled, That all non citizen Indians
born within the territorial limits of the United
States be, and they are hereby, declared to be
citizens of the United States: Provided That the
granting of such citizenship shall not in any
manner impair or otherwise affect the right of any
Indian to tribal or other property. (Approved June
2, 1924)"
Elementary Lesson
“Sacred Spaces”
Lesson
Navigating the
“Since Time Immemorial” Website
www.indian-ed.org
Server:
PW:
Sovereignty Curriculum Structure
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Essential Questions
Five Outcomes
Levels 1-2-3
Alignment with Common Core
Curriculum Based Assessments
February 12, 1974
U.S District Court Judge George
Hugo Boldt handed down the
decision in United States v.
Washington.
Judge Boldt ruled that the eight
treaties negotiated between the
tribes of the Puget Sound and the
United States, remained fully in
force, that the tribes were and
continue to be sovereign
governments with authority to
regulate salmon harvesting, and that
tribes had the right to harvest 50%
of all salmon in the Pacific
Northwest.
• Jerry’s diagram
Middle/High School Lesson
Boldt Decision Role play:
What concerns will your group have
about the Boldt decision?
What perspective will your group bring
to the discussion of fairness?
What other issues could be explored
using the multiple perspectives
approach?
When Tribal treaty rights issues are contended
in the courts, rulings tend to be in favor of the
Tribes because Tribes have granted privileges to
the U.S. government.
Canons of Treaty Law
Treaty Laws are interpreted as contracts.
If issues are unclear or ambiguous, they tend
to be interpreted by the courts in favor of the
Tribes.
 Court rulings about treaties are interpreted as
Tribes interpreted them at the time when the
treaty was signed.
The Boldt Decision set a precedent for
government-to-government cooperation in other
areas, a balance of power that previously had not
been taken seriously by the state. Among the
major changes that followed the decision:
1988Puyallup Land Claims Settlement
1988National Indian Gaming Regulatory Act
1989 Centennial Accord
1994 Shellfish Decision (US District Judge Edward
Rafeedie)
2007 Boldt II
2011 Removal of Elwha Dams
SHB 2080 (2014)
Vacating Convictions for Certain Tribal Fishing Activities
Every person convicted prior to January 1, 1975, of violating
any statute or rule regarding the regulation of fishing
activites…who claimed to be exercising a treaty Indian
fishing right, may apply to the sentencing court for vacation
of the applicant’s record of the misdemeanor, gross
misdemeanor, or felony conviction for the offense. If the
person is deceased, a member of the person’s family or an
official representative of the tribe of which the person was a
member may apply to the court on behalf of the deceased
person.
“The truest and most profound fact about the Boldt Decision is that it
was conceived and accomplished by Indian people themselves.
…Without a doubt, the many dedicated and able people the tribes
drew in because of the rightness of their cause-including the Native
American Rights Fund (NARF)Executive Director and lead attorney
David Getches and Judge Boldt himself-made major contributions.
But it was the Indian people at the council tables, on the rivers, on the
shores, at the smoke houses and at the sacred sites who had the
vision, strategy, and fierce determination to carry out a victorious
crusade that at the beginning seemed impossible to all but
themselves.”
Charles Wilkinson(2014)
University of Colorado School of Law
“Repatriating Ourselves”
New Tribal Sovereignty Lesson
Plan Development
 STI Big Five addressed?
 Common Core State Standard alignment?
 Connection to the Local Tribe(s)?
 STI Guiding Principles?
 Additional resources?
 Curriculum Based Assessment?
Guiding Principles Review
Which Guiding Principle (s) were used in the following?
Since Time Immemorial Bingo
Native Greetings
Sovereignty: Rights vs. privileges
Sacred Spaces
Boldt Decision Roleplay
Repatriating Ourselves
Next Steps/ Share Out/ Commitment
Closing
Clock Hours
Evaluation
Thank you so much for your
creativity and commitment!
Robin Butterfield
971-506-5338
[email protected]