Tribal-State Relations
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Preserving Native American Families in New Mexico
Preserving Native American Families in New Mexico The Indian Child Welfare Act & The Adoption & Safe Families Act A Resource for Judges, Attorneys, Social Workers, Child Advocates, and Others Who Work with Children and Families Introduction Native Americans in New Mexico live in 19 Pueblos, two Apache Tribes, and the Navajo Nation, as well as off-reservation throughout the state, especially in Albuquerque, Farmington, and Gallup. Overall, Native Americans represent nearly 10% of our population. The Pueblos, Tribes, and Nations in New Mexico – each of which is a sovereign, self-governing entity – vary considerably from one another in language, government, judicial structure, custom, and tradition. The National Council of Juvenile and Family Court Judges, in their Native American Resource Directory, acknowledges that it is difficult to generalize about Native American cultural traditions or customs, recommending that judges and others who wish to know more seek information directly from local tribal authorities. Appropriately addressing the needs of Indian children who come into the State’s child welfare system because of abuse or neglect has long been a priority of New Mexico’s Courts; the Children, Youth & Families Department; the Court Improvement Project of the New Mexico Supreme Court, and the Tribal-State Judicial Consortium. In addition, the Court Improvement Project and the Tribal-State Judicial Consortium have identified improving outcomes for Indian children in abuse/neglect cases as a primary goal, whether served by Tribal agencies and courts or State agencies and courts. The U.S. Congress recognized the importance of protecting the rights of Indian children and tribes when it passed the Indian Child Welfare Act of 1978 (25 U.S.C. -
Columbia Law Review
COLUMBIA LAW REVIEW VOL. 99 DECEMBER 1999 NO. 8 GLOBALISM AND THE CONSTITUTION: TREATIES, NON-SELF-EXECUTION, AND THE ORIGINAL UNDERSTANDING John C. Yoo* As the globalization of society and the economy accelerates, treaties will come to assume a significant role in the regulation of domestic affairs. This Article considers whether the Constitution, as originally understood, permits treaties to directly regulate the conduct of private parties without legislative implementation. It examines the relationship between the treaty power and the legislative power during the colonial, revolutionary, Framing, and early nationalperiods to reconstruct the Framers' understandings. It concludes that the Framers believed that treaties could not exercise domestic legislative power without the consent of Congress, because of the Constitution'screation of a nationallegislature that could independently execute treaty obligations. The Framers also anticipatedthat Congress's control over treaty implementa- tion through legislation would constitute an importantcheck on the executive branch'spower in foreign affairs. TABLE OF CONTENTS Introduction .................................................... 1956 I. Treaties, Non-Self-Execution, and the Internationalist View ..................................................... 1962 A. The Constitutional Text ................................ 1962 B. Globalization and the PoliticalBranches: Non-Self- Execution ............................................. 1967 C. Self-Execution: The InternationalistView ................ -
Indian Women and the Law, 1830 to 1934 Bethany Berger University of Connecticut School of Law
University of Connecticut OpenCommons@UConn Faculty Articles and Papers School of Law 1997 After Pocahontas: Indian Women and the Law, 1830 to 1934 Bethany Berger University of Connecticut School of Law Follow this and additional works at: https://opencommons.uconn.edu/law_papers Part of the Indian and Aboriginal Law Commons Recommended Citation Berger, Bethany, "After Pocahontas: Indian Women and the Law, 1830 to 1934" (1997). Faculty Articles and Papers. 113. https://opencommons.uconn.edu/law_papers/113 +(,121/,1( Citation: 21 Am. Indian L. Rev. 1 1997 Content downloaded/printed from HeinOnline (http://heinonline.org) Tue Aug 16 12:47:23 2016 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: https://www.copyright.com/ccc/basicSearch.do? &operation=go&searchType=0 &lastSearch=simple&all=on&titleOrStdNo=0094-002X AFTER POCAHONTAS: INDIAN WOMEN AND THE LAW, 1830 TO 1934 Bethany Ruth Berger* Table of Contents I. Introduction . ..................................... 2 II. The Nineteenth Century and Indian Women: Federal Indian Policy and the Cult of True Womanhood ....................... 6 I. Federal and State Governments and Indian Women: As Them- selves, as Mothers, and as Wives ...................... 12 A. The Beginning: Ladiga's Heirs and Indian Women in Their Own Right ...................................... 12 B. Indian Women as Wives and Mothers: Intermarriage and Beyond . ........................................ 22 1. A Not So Brief Note on Intermarriage ................. 23 2. -
INFORMATION PACKET: American Indian Children in Foster Care
INFORMATION PACKET: American Indian Children in Foster Care By Rachel Bennett May 2003 Note: The term “American Indian” is used in this information packet interchangeably with “American Indian/Alaskan Native” solely for purposes of brevity. INFORMATION PACKET American Indian Children in Foster Care Summary Since the first contact with Europeans, American Indians have faced cultural annihilation. Beginning in 1876 the federal government attempted to “civilize” Indian children by mandating their attendance in boarding schools. Generations of Indian children grew up separated from their families, tribes, and cultural traditions. Today, one half of all Indian people were either raised in Indian boarding schools or parented by adults raised in boarding schools (National Indian Child Welfare Association). Historically, child welfare agencies have removed Indian children from their families at drastic rates. A study conducted in the late 1960’s demonstrated that 25-35% of all Indian children were placed in foster homes, adoptive homes, or institutions which far exceeded any other cultural group (Brown, et al, 2001). Ignorance of Indian culture and child-rearing practices, and discrimination due to poverty resulted in placing Indian children in non-Indian homes. In 1969, sixteen states reported that 85% of the Indian children in foster care were not living with Indian families. “These trans-racial placements greatly troubled tribes because they not only jeopardized the continued viability of the tribes themselves but also led to the alienation of Indian children from their unique culture and values” (Brown, et al, p. 10). In 1978 Congress recognized the detrimental effect that such discrimination and misunderstanding was having on tribes and their children. -
The Soul of America by Jon Meacham
The Soul of America By Jon Meacham Answer the following: Chapter 1 (pg. 23-47) 1. What is the difference between The First Charter of Virginia (1606) and A Model of Christian Charity (1630)? How do each represent a contradiction? Pg. 23-24 2. How is Abraham Lincoln an example of “…birth mattered less than it ever had before…” when it came to the American dream of wealth & happiness. Pg. 24 3. Starting on page 24 and continuing through page 27, Meacham explains why the American presidency is important to the American experience. Give an example of why this is so. Also explain how the competing views of Thomas Paine’s Common Sense and practical experience of the Revolutionary War and Confederation period shaped thoughts on government. 4. What fundamental role did president Lyndon Johnson want to accomplish as President? Pg. 27 5. How did Alexander Hamilton curtail his enthusiasm over the role of the President in two of his Federalist essays? Pg. 27-28 6. What began to change in regard to political power by the time of Andrew Jackson’s presidency? Give some examples of how Jackson was “the most contradictory of men”. Pg. 29-31 7. Give examples of how Abraham Lincoln further changed the role of the president by expanded on the ideals of both Jefferson & Jackson, especially after is Gettysburg Address. Pg. 31-32 8. How does Theodore Roosevelt, Woodrow Wilson and Franklin Delano Roosevelt begin to further define the role of the presidency? Pg. 35-40 Chapter 2 (pg. 51-69) 9. After the Civil War, how did the South try to reimagine the purpose of the war in their terms? Why is this a false narrative of the events? Pg. -
The United States and the Articles of Confederation: Drifting Toward Anarchy Or Inching Toward Commonwealth?*
The United States and the Articles of Confederation: Drifting Toward Anarchy or Inching Toward Commonwealth?* On June 7, 1776, Richard Henry Lee proposed to the Second Con- tinental Congress "[t]hat these United Colonies are, and of right ought to be, free and independent States," and "[t]hat a plan of confederation be prepared and transmitted to the respective Colonies for their con- sideration and approbation."' Lee's resolution reflected the linkage between independence and confederation in the public mind.2 The result was the Articles of Confederation, drafted in 1776-1777 and fi- nally ratified on March 1, 1781, which remained in effect until 1789 and represented the first American experiment with a written na- tional charter.3 The conventional view of this period is that it was dominated by deep factional conflict concerning the amount of power that should be vested in the national government. 4 The text of the Articles, ac- cording to this view, represented a victory for the group favoring minimal national authority, 5 and as a result the Articles government * The author acknowledges with gratitude the assistancc of Professor William E. Nelson of the Yale Law School in providing critical guidance and granting permission to make use of unpublished research materials. 1. 5 JOURNALS OF THE CONTINENTAL CONGRESS 425 (W. Ford ed. 1906) [hereinafter cited without cross-reference as JOURNALS]. 2. See NEw JERSEY IN THE AMERICAN REVOLUTION, 1763-1783: A DOCUMENT.ARY HISTORY 402 (L. Gerlach ed. 1975) (issues of independence and confederation were inseparable) [hereinafter cited as DOCUIENTARY HISTORY]; cf. Jensen, The Articles of Confederation, in FUNDAMENTAL TESTAMENTS OF TilE AMERICAN RLvoI.UTIoN 62 (Library of Congress Sym- posium on the American Revolution 1973) (politicians who opposed confederation did so because they saw it as step toward independence) [hereinafter cited as Jensen, TESTA ENTS]. -
Baby Veronica" Case: Current Implementation Problems of the Indian Child Welfare Act
+(,121/,1( Citation: 60 Wayne L. Rev. 307 2014 Content downloaded/printed from HeinOnline (http://heinonline.org) Tue Jan 6 10:20:54 2015 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: https://www.copyright.com/ccc/basicSearch.do? &operation=go&searchType=0 &lastSearch=simple&all=on&titleOrStdNo=0043-1621 THE "BABY VERONICA" CASE: CURRENT IMPLEMENTATION PROBLEMS OF THE INDIAN CHILD WELFARE ACT JANE BURKE I. INTRODUCTION "Save Veronica" has become a common phrase in the American South over the past year.' It appears on the signs of local businesses,2 is stamped on light purple bracelets, and is the rallying cry for fundraisers, candlelight vigils,5 and cupcake sales on holidays.6 It is the topic of many newspaper articles and television news broadcasts and was recently featured on an episode of the television show "Dr. Phil."7 But who is Veronica and what exactly does she need saving from? Veronica is an Indian baby girl who apparently needs to be saved from the Indian Child Welfare Act (ICWA). She is currently in the middle of a highly-debated custody battle among her biological father, a Native American, his tribe, and her adoptive parents, whom she lived 1. SAVE VERONICA, http://www.saveveronica.org/ (last visited Apr. 9, 2014). 2. Local Repair Shop Joins Fight to 'Save Veronica', ABC NEWS 4 CHARLESTON (Jan. -
Republican Moments: the Role of Direct Popular Power in the American Constitutional Order
University of Pennsylvania Law Review FOUNDED 1852 Formerly American Law Register VOL. 139 DECEMBER 1990 No. 2 ARTICLES REPUBLICAN MOMENTS: THE ROLE OF DIRECT POPULAR POWER IN THE AMERICAN CONSTITUTIONAL ORDER James Gray Popet INTRODUCTION .................................. 289 I. POPULAR VS. ELITIST REPUBLICANISM ON DIRECT POPULAR PARTICIPATION ............................... 295 A. Background: The Republican Revival ............. 296 t Associate Professor of Law, Rutgers University School of Law, Newark, New Jersey. A.B. 1974,J.D. 1983 Harvard University. Earlier versions of this paper were presented to the Boston University Legal History Group and the Rutgers Law Faculty Colloquium. The final product benefitted greatly from critical comments by Akhil Reed Amar, C. Edwin Baker, CathieJo Martin, Eric Neisser, Richard Davies Parker, and John M. Payne. I am especially indebted to Vicki Been, Richard Revesz, and Aviam Soifer, who provided detailed critiques on short notice. James C.N. Paul gave guidance and encouragement throughout. Able research assistance was provided by Lisa Buckley, John Cioffi, Angela DiLeo, Nancy Gage, Sandra Levy, Mary Uva, Rosalind Westlake, and David Zuckerbrot. The S.I. Newhouse Research Fund supplied much-needed financial support. (287) 288 UNIVERSITY OF PENNSYLVANIA LAW REVIEW [Vol. 139:287 B. Direct PopularParticipation and the Problem of Size .... 297 C. The Elitist Solution .......................... 299 D. Back to Square One .......................... 301 E. A PopularRepublican Dilemma .................... 302 II. REPUBLICAN MOMENTS .......................... 304 A. Ackerman's ConstitutionalMoments ................ 304 B. Public Purpose and Creedal Passion ................ 306 C. Republican Moments ......................... 310 D. PopularRepublican Pathologies? ................... 313 III. REPUBLICAN MOMENTS AS A PARTIAL ANTIDOTE TO INTEREST GROUP POLITICS .............................. 315 A. From Narrow Self-Interest to Public Virtue ........... -
The Other Madison Problem
THE OTHER MADISON PROBLEM David S. Schwartz* & John Mikhail** The conventional view of legal scholars and historians is that James Madison was the “father” or “major architect” of the Constitution, whose unrivaled authority entitles his interpretations of the Constitution to special weight and consideration. This view greatly exaggerates Madison’s contribution to the framing of the Constitution and the quality of his insight into the main problem of federalism that the Framers tried to solve. Perhaps most significantly, it obstructs our view of alternative interpretations of the original Constitution with which Madison disagreed. Examining Madison’s writings and speeches between the spring and fall of 1787, we argue, first, that Madison’s reputation as the father of the Constitution is unwarranted. Madison’s supposedly unparalleled preparation for the Constitutional Convention and his purported authorship of the Virginia plan are unsupported by the historical record. The ideas Madison expressed in his surprisingly limited pre-Convention writings were either widely shared or, where more peculiar to him, rejected by the Convention. Moreover, virtually all of the actual drafting of the Constitution was done by other delegates, principally James Wilson and Gouverneur Morris. Second, we argue that Madison’s recorded thought in this critical 1787 period fails to establish him as a particularly keen or authoritative interpreter of the Constitution. Focused myopically on the supposed imperative of blocking bad state laws, Madison failed to diagnose the central problem of federalism that was clear to many of his peers: the need to empower the national government to regulate the people directly. Whereas Madison clung to the idea of a national government controlling the states through a national legislative veto, the Convention settled on a decidedly non-Madisonian approach of bypassing the states by directly regulating the people and controlling bad state laws indirectly through the combination of federal supremacy and preemption. -
A Wide Range of Legal Priorities for Tribes in 2020
A Wide Range Of Legal Priorities For Tribes In 2020 By Donald Pongrace, Allison Binney, Jason Hauter and Denise Desiderio (January 15, 2020) As Congress begins its work in the second session of the 116th Congress, tribal nations will be focused on the reauthorization of the Violence Against Women Act and the Special Diabetes Program for Indians and beginning the appropriations process for fiscal year 2021. In the administration, implementation will begin on initiatives aimed at combating the crisis of missing and murdered indigenous persons, while the Treasury Tribal Advisory Committee will continue its focus on tax policy for Indian Country. In the courts, tribal nations are closely watching a challenge to the Indian Donald Pongrace Child Welfare Act, where a rehearing scheduled for Jan. 22 could disturb an earlier ruling that the law is constitutional as a political, not race- based, classification. Tribal nations are also monitoring Oklahoma jurisdiction cases at the U.S. Supreme Court, and Texas v. United States, a challenge to the Affordable Care Act that could impact the Indian Health Care Improvement Act provision of that law. The 2020 presidential election will have a significant impact on the work of both Congress and the administration as the calendar will be compressed leading up to the elections in November. Allison Binney Appropriations Update On Dec. 20, President Donald Trump signed the congressionally passed fiscal year 2020 appropriations bills, thereby avoiding a government shutdown. Both the Indian Health Service and Bureau of Indian Affairs received increases of 4% over fiscal year 2019 spending. At the IHS, a large part of the increase was to cover the growing costs of 105(l) leases. -
Setting the Record Straight: the Indian Child Welfare
Setting the Record Straight: The Indian Child Welfare Act Fact Sheet A publication of the National Indian Child Welfare Association September 2015 In 1978, Congress worked closely with American Indian and Alaska Native (AI/AN) elected officials, child welfare experts, and families whose children had been unnecessarily removed from their homes, to pass the Indian Child Welfare Act of 1978 (ICWA). ICWA was carefully designed to protect AI/AN children and families from unscrupulous and biased child welfare practices and well-documented disregard for AI/AN families and culture held by some courts and attorneys. The Need for ICWA ICWA Implementation Concerns “ICWA helped establish the Child welfare and adoption systems are failing AI/AN Until ICWA is followed, AI/AN children and families will values and practices that have children and families. continue to face discrimination in the child welfare become central to child welfare system, will continue to be removed at alarming rates, practice.” In 1978: and will continue to be placed in risky adoptions. —Casey Family Programs • 25%–35% of all AI/AN children were removed Non-compliance is due to inadequate training, from their homes by state child welfare and misinterpretations of the law, lack of data, and “The ‘best interest of the child’ private adoption agencies. willful ignorance. Common non-compliance with standard is applied in all cases • 85% of AI/AN children removed were placed the key provisions of this federal law includes: under the act.” —Former Senator Byron Dorgan outside of their families and communities— • Failure to identify ICWA-eligible children early even when fit and willing relatives were on and ensure they are receiving the available. -
Implementing and Defending the Indian Child Welfare Act Through Revised State Requirements
Implementing and Defending the Indian Child Welfare Act Through Revised State Requirements CAROLINE M. TURNER* The Indian Child Welfare Act, enacted in 1978, was designed to protect Indian children and enhance the stability of Indian tribes and families. It sets forth minimum federal standards applicable in proceedings involving the termination of parental rights, pre-adoption placement, and adoption placement. From its inception, there has been resistance to the Act’s provi- sions, and opponents now have increased incentive to oppose the legisla- tion on constitutional and other grounds in light of a recent U.S. Supreme Court decision. But the Obama Administration has taken important steps to promote increased and uniform compliance and address a number of lingering implementation issues. The issuances by the Department of the Interior of non-binding guidelines in 2015 and of legislative rules in 2016 are opportunities for states to promptly examine their current practices and standards and voluntarily adopt the guidelines and regulations as enforceable state requirements. New York State is an example of a state that has evidenced support for implementation of the Act, but in a number of respects its current requirements fall short of the federal recommenda- tions and rules. This Note urges states, with jurisdictions such as New York taking a leadership role, to act now to adopt the guidelines and regu- lations. Doing so will conform existing state practices to best practices and federal standards and, importantly, signal a strong commitment to the Act and to the best interests of Indian children, tribes, and families. * Farnsworth Note Competition Winner, 2015–16.