Part of the problem is that the notion of tribes as governments is something relatively foreign to many students. For starters, the governmental authority of tribal governments finds its genesis in a source of law that falls outside the bounds of the U.S. Constitution. The phrase we use in Indian law is that the governing authority of tribes is ‘extra-Constitutional,’ or one derived not from the efforts of our Founding Fathers, lo so many years ago. Such is the case because tribes pre-dated the U.S. Constitution by centuries, and in their drafting, the Founding Fathers simply did not incorporate tribes into the Constitutional framework.   

So right away, from the very first day of the class, there is a disconnect to overcome. It’s certainly not an insurmountable barrier. But there’s a degree of difficulty in introducing a new form of government within the U.S. after years of civics courses have engrained in a student’s mind that federalism consists of federal, state, and local governments to the exclusion of all others. 

And yet, it’s fascinating course to teach as an instructor. If there’s an area of governance where there is still ample room for innovation, development, and creative problem solving, then the work being done among American Indian tribal governments has to be among the most interesting around. My experience has been that students tend to appreciate this point toward the end of the semester – but at the beginning it’s still a distant concept.

By the end of the semester we will have explored four theme areas: 

• Tribes as Governments. Here, we explore the nuts and bolts of what tribes can do. Some things will be obvious – tribes can levy taxes, create their own codes and bodies of law, etc. Other things might be surprising to students, like the idea that tribes can issue license plates, or own businesses.

• Tribes and Other Governments. This theme evaluates the contours of the relationships between tribal governments and the other governmental entities within the American federalist system. Primarily, it addresses questions of jurisdiction. For example, students might be interested to know that in most states, the state government has no jurisdiction over Indian reservations/lands. This may sound find, until students realize the problems this can create in terms of criminal law, given sparse federal law enforcement resources across much of the American west. 

• Tribes and Development. For many students, this is the most interesting aspect of the course. Unlike mainstream, American governance, where a strong political current actually perceives government as an obstacle to economic progress (a view I’m not unsympathetic toward), when it comes to tribal governance, tribal nations uniformly play a large role in promoting economic progress and development. Often times, a tribal government will find itself in the role of a business owner. Such an action by government in the mainstream context would be rare, and mostly anathema to significant segments of the population. 

• Critical Analysis. The final theme that I true to imbue in the minds of students is the notion of critical analysis – and the particular challenge of maintaining critical thought when it comes to our overview of tribal governments. While I consider myself an advocate of tribal sovereignty, I believe that it’s equally important for students to understand that tribes are fallible entities indeed. Not every tribe governs well. Not every tribe abides by the rule of law. And not every tribe ensures that its citizens are entitled to equal protection under the laws of the tribal nation. So, while the students will be learning about what tribes can and can’t do, what their relationships are like with over governmental entities, and the impressive innovations that can result from tribal/state/corporate/federal partnership, I also want them to maintain a healthy dose of skepticism throughout the semester, and to consider tough questions that, honestly, may not have an answer.