FEDERALISM &
SOVEREIGNTY
PRESIDENTIAL ACADEMY
DENVER, CO
Story…
The Associate Attorney General of Oregon used to give
seminars for state lawyers on legal relationships
with Tribes and used an analogy:
“Think of Oregon with nations like France in it
when you think about the tribes”.
After the presentation a woman approached
him and said, “Good analogy…but don’t
you have it backwards?”
Sue Leeson, Oregon Supreme Court
THE BASICS
 FEDERALISM
 SOVEREIGNTY
 HOW DO YOU DEFINE THESE
TERMS? Ask a partner!
 We will review 2 sources.
Representative Democracy in
America
Sovereignty
 Sovereign means to have the highest rank or authority.
 Federalism is a form of government in which power is divided and
shared. (American federalism involves divided sovereignty)
Sovereignty
Dine’ government and Bill of Rights
3 branches and A Bill of Rights - 8
Legislative
Branch
Executive
Branch
Judicial
Branch
Navajo Nation
Chapters
Chapter
Membership
Legislative
Chapter
Officials
Executive
Chapter
Administration
Administrative
WHAT IS A FEDERAL SYSTEM OF
GOVERNMENT?
COMPLEXITIES OF FEDERALISM
What powers are delegated to each?
Group activity:
At your table, work together to
complete the Tri-Venn diagram.

Federal
State
Dine’
Story of change: Post I.G.R.A
Post 1989 & “devolution”
 Increased assertion of jurisdictional
claims by states
 Was fairly exclusive
 Federal (congress)--- tribes
Now Fed & State ----- tribes

SEVEN AREAS

RELATING TO INDIGENOUS GOVERNANCE







1. Criminal jurisdiction & policing
2. Hunting & fishing regulation
3. Self government (H20 etc)
4. Taxation & Development (tobacco, motor
fuel & gaming
5. Child protection & Welfare
6. Gaming (creation of state compacts) AZ, CA
& NM
7. Homeland security (funding skipped tribes
post 9-11)
Teaching with the Venn

If states are developing political and
legal relationships with indigenous
nations, then how do you draw the
Venn?
U.S.A.
States?
Dine
INTERPRETATION

FOR YOUR STUDENTS



What parts of the tri-venn diagram are
most problematic? Why?
Why was the idea of sovereignty tied to
federalism?
What writing activities might be
appropriate?
LIMITS
 What
powers does the Constitution
deny the federal and state
governments?



Feds: tax exports, spend money not approved by
law, suspend the writ of habeas corpus, exercise
powers that belong to states, etc
States: coin money, tax imports or exports,
keep an army or navy in peace time, enter into
treaties
Neither can deny jury trials, have ex post facto,
grant titles of nobility, enact bills of attainder
The stages of Federal Indian Policy





1. Treaty Federalism
2. Allotment era
3. Indian Reorganization Act
4. Termination
5. Self-Determination
 From N. Bruce Duthu: American Indians and
the Law
Current Events
 What current problems in your community
can be used as examples of the relationship
between federalism and sovereignty?
Lesson: Federalism and School
Safety: a case
 A question of federalism: guns and school
safety







READ HANDOUT
SPLIT INTO 4 GROUPS, READ YOUR HANDOUTS (1 OR 2)
AS A GROUP, IDENTIFY THE MAJOR ARGUMENTS AND ADD ONE OR TWO OF
YOUR OWN. BE READY TO DEFEND THESE ARGUMENTS…ONE AT A TIME!
EACH TEAM WILL GET A CHANCE TO START FIRST.
STAND UP AND PLEAD YOUR CASE TO THE JUDGE!
LAST ROUND (IF TIME): OTHER ARGUMENTS NOT COVERED?
POST ARGUMENTS: GET UP AND STAND ON THE SIDE THAT YOU REALLY
AGREE WITH.
United States v. Alfonso Lopez, Jr
 FINDING: unconstitutional
 Congress exceeded its authority in trying to
regulate a local activity. (education)
 Nothing related to gun sales (interstate
commerce)
 How is this an example of federalism?
Who/what has sovereignty?
Wrap - up
 What other methods might you use to teach
federalism and sovereignty?
 What sources can you use?
 What type of thinking is involved when
studying these topics?
Best practices
 3 BRANCHES, ONE GOVERNMENT
(by Teacher Created Resources) (adapted)
• Venn diagrams, charts
• Video
• Historical eras & stories
• Cases and interactive discussions
• Biopoems