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American Indians: Social Justice and Public Policy. Ethnicity and Public Policy Series, Volume IX

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American Indians: Social Justice and Public Policy. Ethnicity and Public Policy Series, Volume IX DOCUMENT RESUME ED 351 157 RC 018 834 AUTHOR Green, Donald E., Ed.; Tonnesen, Thomas V., Ed. TITLE American Indians: Social Justice and Public Policy. Ethnicity and Public Policy Series, Volume IX. INSTITUTION Wisconsin Univ. System, Milwaukee. Inst. on Race and Ethnicity. REPORT NO ISBN-0-942672-16-X PUB DATE 91 NOTE 282p.; For selected individual papers, see RC 018 835-837. AVAILABLE FROMUniversity of Wisconsin System, Institute on Race and Ethnicity, P.O. Box 413, Milwaukee, WI 53201. PUB TYPE Books (010) Information Analyses (070) EDRS PRICE HF01/PC12 Plus Postage. DESCRIPTORS American Indian Education; *American Indian History; *American Indians; Court Litigation; Disadvantaged; Elementary Secondary Education; Ethnicity; *Federal Indian Relationship; Federal Legislation; Higher Education; *Public Policy; *Self Determination IDENTIFIERS *Social Justice ABSTRACT This book discusses legal and social aspects of public policy in American society and their relationship to fulfilling the promise of social justice for American Indians.U.S. public policy is viewed as reflecting the collective sentimentsof the electorate. If the American people have the will to bringabout change in the socioeconomic conditions of American Indians, it will be evidenced in public policies. Chapters are: "'Irlian Law,' Indians' Law, and Legalism in American Indian Policy: AnEssay on Historical Origins," by Russel L. Barsn; "The Concept of Sovereignty: The Key to Social Justice," by Sharon O'Brien; "Organizingfor Self-Determination: Federal and Tribal Bureaucracies inan Era of Social and Policy Change," by Paul H. Stuart; "The Persistenceof Identity in Indian Communities of the Western Great Lakes,"by Donald L. Fixico; "The Delivery of Health Care to American Indians: History, Policies and Prospects," by Jennie Joe; "The Education of American Indians: Policy, Practice and Future Direction," by JohnW. Tippeconnic, III; "Economic Development and Employment Opportunities for American Indians," by Gary D. Sandefur; and "American Indian Criminality: What Do We Really Know?" by Donald E. Green.(SV) *********************************************************************** * Reproductions supplied by EDRS are the best thatcan be made from the original document. *********************************************************************** U I DEPARTMENT OF UM/CATKIN "PERMISSION TO REPRODUCE THIS Office ot Educational Research and Improvement MATERIAL HAS BEEN GRANTED BY EDUCATIONAL RESOURCES INFORMATION CENTER (ERIC) y4'hisdocument has been reproduced as V. received from the person or organization lion.14-3. originating it 0 Minor changes have been made to improve reproduction Quality Points 01 view or opinions stated in t his dcCu menl do not necessaniy represent official TO THE EDUCATIONAL RESOURCES OERI position or policy INFORMATION CENTER (ERIC) " Ake 2 BEST COPY AVAILABLE I I SOCIa JUST! AND PUBLIC POLICY VOLUME IX ETHNICITY AND PUBLIC POLICY SERIES ETHNICITY AND PUBLIC POLICY SERIES WINSTON A. VAN HORNE, General Editor THOMAS V. TONNESEN, Managing Editor VOLUME I ETHNICITY AND PUBLIC POLICY (1982) VOLUME II ETHNICITY, LAW AND THE SOCIAL GOOD (1983) VOLUME III ETHNICITY AND WAR (1984) VOLUME IV ETHNICITY AND THE WORK FORCE (1985) VOLUME V ETHNICITY AND WOMEN (1986) VOLUME VI ETHNICITY AND LANGUAGE (1987) VOLUME VII ETHNICITY AND HEALTH (1988) VOLUME VIII RACE: TWENTIETH CENTURY DILEMMAS TWENTY-FIRST CENTURY PROGNOSES (1989) VOLUME IX AMERICAN INDIANS: SOCIAL JUSTICE AND PUBLIC POLICY (1991) VOLUME X THE AMERICAN ACADEMY IN A PLURAL SOCIETY: ITS OBLIGATION TO LEAD (Forthcoming) iv G I i j ;11 MID PUBLIC POLICY EDITED BY DONALD E. GREEN and THOMAS V. TONNESEN MEMIN.MMINIMM='IM. .11.17,WW... ..0Ma,..MIT I.M1r...IMM...VNI.,. ...c..iMMi...MMMi...7= THE UNIVERSITY OF WISCONSIN SYSTEM INSTITUTE ON RACE AND ETHNICITY v5 The University of Wisconsin System Institute on Race and Ethnicity P.O. Box 413, Milwaukee, WI 53201 © 1991, Board of Regents, The University of Wisconsin System, Madison, WI 53706 All rights reserved. Published 1991. Printed in the United States of America. International Standard Book Number ISBN 0-942672-16-X (cloth) International Standard Book Number ISBN 0-942672-17-8 (paper) Library of Congress Catalog Card Number: 91-66089 vi There can be no moral agreement with injustice, even though one may agree voluntarily to what is unjust. Voluntary agreement, then, may bind one particularly by standards of legal justice, but not universally by precepts of mor^1 justice. Winston A. Van Horne vii PREFACE Thomas V. Ton nesen University of Wisconsin-Milwaukee It is with no little irony that this volume is appearing at about the time that the nation is preparing to celebrate the cinquecentennial of Chris- topher Columbus's "discovery" of America. While many in the United States and elsewhere will partake in festivities marking the introduc- tion of Europeans to the Western Hemisphere, the year 1992 should also serve as a time for pause and reflection. Those individuals and groups who are descc -.dants of the indigenous inhabitants of this part of the globe, and others of non-European heritage, will likely find little cause for joy. On what is it, though, that we should reflect? In that the subject of this book is American Indians, perhaps we should start with the follow- ing: Why is it that two sets of words which appear in this book's title, American Indians and social justice. seem almost oxymoronic when combined? Should there be anything incongruous about principles of social justice being applied to American Indians? The answer to this question is obviously no, but the sad truth of their history and ex- ploitation would have us believe otherwise. This volume is the ninth in a series on the interplay between race, ethnicity and public policy, especially in American society. One of the premises of the series, and of this book in particular, is that the kind of public policy evidenced is key to the acquisition and continued posses- sion of social justice. Most of us should not need to be reminded about the history and consequences of U.S. public policy vis-a-vis American Indians. Nevertheless, readers will find a good degree of history in the chapters of this book, much of it from a distinctive vantage point. But what the reader should find most important here is the discussion of various aspects of public policysocial (e.g., health care, education, employment, criminal justice, etc.) as well as legal (e.g., treaties, sover- eignty, self-determination, etc.)and their relationship to fulfilling the promise of social justice for American Indians. ix AMERICAN INDIANS: SOCIAL JUSTICE AND PUBLIC POLICY This leads one to muse a bit about how public policy isformulated, especially in a democracy. Behind all public policyare private thoughts, private beliefs, private assumptions, private prejudices.It can be said that public policy is the embodiment of a nation's psyche. Ultimately, the way a democracy's electorate feels about certainissues will be reflected in that nation's public policy. This view ofpublic pol- icy changes it from the standard perception ofa rather massive, bu- reaucratic, impersonal unfolding of laws, rules and regulations,for which no individual can take personal creditor must take blame, to a set of actions for which we as individualscan and should be held ac- countable. It is true that public policycan occasionally move ahead of a nation's private, collective sentiments. In thesecases it is playing a leadership role, although it should not be assumedthat the results will necessarily be benign. But eventually, ifcongruence is not reached be- tween the public sphere of policy action and the privatesphere of thought, the former will prove hollow and be ignored.It must be re- membered that public policy is not justa function of decrees but of implementation; if a people's "heart" is not in theformer, their minds and bodies will not properly perform the latter. But what do all these ruminations have to do withthe case of Ameri- can Indians? The answer, of course, is plenty. The public policy ofthe American colonies prior to 1776, and continuingunabated in the United States throughout the nineteenth and muchof the twentieth centuries, was unequivocably hostile to AmericanIndians as a people. It also cannot be disputed, sadly, that suchpolicies reflected accurately the prevailing, private feelings of the Americanmajority, read whites. But perhaps by now the private view of AmericanIndians and their plight by a sufficiently large portion of theelectorate has changed enough so that public policy can begin to both adaptand lead. Social justice is not a "zero sum"game, where if one group gains a degree of it, others must necessarily losea corresponding amount. The problem though is that the effectiveness of the kindsof public policies discussed in the chapters which follow, items suchas health care, edu- cation, employment, criminal justice, treaty rights,etc., is perceived as a function of financingand finances are often viewed in the"zero sum" vein. Thus, some mightargue, the achievement of social justice for some groups such as American Indiansmust wait until the pool of economic resources expands sufficiently to allowthe requisite public policies to come about. This type of thinkingnot only presumes a fi- niteness of wealth and resources which doesnot truly exist, but it also reveals and betrays something muchmore importanta lack of will. PREFACE The question of will, then, returns us to theprivate base upon which public policy must be founded. The means to alter the socioeconomicconditions of American Indi- ans are within our grasp.After P11, in terms of demographics, they com- prise a small part of the population. Whetherimprovements in socio- economic conditions can repair the psychologicaldamage wreaked on American Indians over the centuries is anotherquestion, but as Don- ald Fixico demonstrates in his chapter, they are anamazingly resilient ,people whose strong sense of group identityhas served them well. The real question regarding the ills that plague theAmerican Indian popu- lation and their achievement of social justice iswhether, privately, the American people have the will and desire to bringabout change.
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