Tribal Sovereignty Protection Initiative

Since time immemorial Indians and Indian tribes have historically enjoyed the protection of the federal courts including the United States Supreme Court from those who have attacked tribal sovereignty. Without this judicial protection, not only would tribal sovereignty be severely diminished but perhaps even done away with. This judicial protection may no longer exist if the latest rulings (Hicks and Atkinson) of the United States Supreme Court signal a new trend of tantamount to "judicial termination." Many Indian Law experts believe this to be the case.

The Indian community led by the National Congress of American Indians and the Native American Rights Funds have responded to this new form of threat. A committee of Indian law experts and leaders was formed to consider how the Indian community should respond. The result of their year-long work is the formation of draft legislation known as the Sovereignty Protection Initiative. This links below provide more information about this united effort and the SPI.

Click on the Resource name to view more information. To suggest a link, send an email to mail@ntjrc.org.

Articles

• NCAI/NARF Tribal Supreme Court Project Memo   
• Three Tribal Leader Meetings Agenda July 22-24, Oregon   
• Brief for Amici Curiae NCAI, NIGA, & Tribes in Support of Respondents    
• Tribal Sovereignty Protection Initiative article by Eugene White, President of NAICJA
• NAICJA Tribal Sovereignty Protection Initiative Meeting Letter
• NAICJA Tribal Sovereignty Proection Initiative Meeting Information
• Concept Paper: 2003 Legislative Proposal on Tribal Governance and Economic Enhancement   
• December 11 Tribal Sovereignty Protection Initiative Agenda   
• NCAI Resolution #SD-02-005: To Amend the July 25,2002 Tribal Sovereignty Protection Bill Draft to Protect Tribal Traditional and Customary Governance   
• NCAI Resolution #SD-02-105: Continued Support for a Legislative Process to Address Tribal Concerns over Recent U.S. Supreme Court Decisions Involving Tribal Jurisdiction as Part of the National Tribal Sovereignty Protection Initiative   
• December 11 Meeting Notice   
• Summary of September 11, 2001, Tribal Leaders Forum, "Nevada v. Hicks and the Supreme Court's Erosion of Tribal Jurisdiction"   
• U.S. Supreme Court Forces Disclosure of Tribal Trust Documents, Legislative Update #337, 03/06/01   

Supreme Court Decisions

• Nevada v. Hicks   
• Atkinson Trading Company v. Shirley   
• C&L Enterprises v. Citizen Band of Potawatomi Indian Tribe of Oklahoma   
• Interior Department v. Klamath Water Users Protective Association    
• Idaho v. U.S.   
• Inyo County v. Bishop Paiute Tribe   

Involved Organizations

• National Congress of American Indians
• Native American Rights Fund
• National American Indian Court Judges Association

Associations & Organizations

Sovereignty Protection Initative
Provides many links to Sovereignty articles and supreme court decisions

NAICJA Publications
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	6 Lessons in Tribal Law - $6.80 Traffic Offenses, Disorderly Conduct, Failure to Support Dependent Persons, Liquor Violations, Drug Offenses I and II68 pages.
	8 Lessons on Updated Civil Rights Act - $11.40 Arrest, Search and Seizure; Double Jeopard and Due Process; Probation and Parole; Right to Bail, Right of Indigents and Right of Disclosure; Severance, Confrontation, and Vagueness; Jury Trials and Harmless Error; Please of Guilty and Confessions; Confessions Continued114 pages.
	Cultural Pluralism: Implications - $3.20 32 pages.
	Dual Judicial Power - $8.40 84 pages.
	Effect of Having No Extradition Procedures - $9.40 Justice and the American Indian94 pages.
	Examination of Basis of Tribal Law Authority - $9.40 Justice and the American Indian94 pages.
	Execution of Judgements - $2.20 22 pages.
	Foundations of Sovereignty and Jurisdiction - $3.00 Justice and the American Indian30 pages.
	Indian Courts & the Future: Reservation Surveys - $80.30 803 pages.
	Indian Judiciary and Separation of Powers - $6.80 Justice and the American Indian68 pages.
	Indian Self Determination & the Role of Courts - $2.80 28 pages.
	Judicial Independence - $.40 What is it and why is it important?4 pages.
	Model Court Development Project: Full Faith - $67.60 Model Court Development Project: Full Faith and Credit for Indian Court Judgements and the State Court Enforcement of Indian Judgements676 pages.
	Model Tribal Notice Law Project Materials - $4.90 49 pages.
	NAICJA Court Administration & Data Collection - $7.60 76 pages.
	NAICJA Planning Project: Indian Courts - $27.40 274 pages.
	Native American Tribal Court Profiles - $15.80 158 pages.
	Native American Tribal Courts Can They Survive? - $1.20 12 pages.
	PL 280 - $12.80 Justice and the American Indian128 pages.
	Prosecution of Crimes on Indian Reservations - $9.80 Justice and the American Indian98 pages.
	Survey of Tribal Justice Systems - $5.00 and Courts of Indian Offenses50 pages.
	The Effect of Having No Extradition Procedures - $9.40 Justice and the American Indian: Vol. 394 pages.
	Tribal Court Directory 2003 - $15.00 150 pages.