Governor Bill AnoatubbyTribal awareness requires historical context
By Bill Anoatubby, Governor, Chickasaw Nation
It is interesting to note, as we are now well into the 21st Century, that the general population in the United States is now much more aware of tribes and their contributions to the country than they were just 40 years ago.
Due in large part to the attention many tribes now afford communications efforts, Americans in general today have at least a nominal understanding of tribes in our country. Additionally, commercial successes by a number of tribes have raised awareness and necessarily created an enhanced level of understanding of tribes.
However, tribes in the United States continue to suffer from a long-term lack of meaningful interest and understanding by their fellow Americans. When analyzing American history in light of the genesis and maturation of the tribal-federal relationship, it quickly becomes apparent that decisions have been made and actions taken with little or no input from the tribal side of the equation.
When the 1820s and 1830s landmark U.S. Supreme Court cases involving the essential and inherent sovereignty of tribal government were being decided, it is important, educational - and curious - to note that tribes and Indians were virtually left out of the entire process. The 1823 case of Johnson v. McIntosh (tribal property rights); the 1831 case of Cherokee Nation v. Georgia (tribal status in relation to the federal government); and the 1832 case of Worcester v. Georgia (the international standing of tribal treaty rights) were each monumental decisions regarding tribes.
And each was decided almost always without the benefit of direct tribal involvement.
Each of the above cases established, at minimum, a baseline for the new country when engaged in affairs with sovereign tribes. The curious thing is that all these important elements were decided without an apparent thought being given to how the tribes might feel about the process.
What is plain to us now was obviously not so plain almost 200 years ago. It is obvious from studying the processes that Indians and tribal governments were considered unwilling, unable or incapable of contributing to the discussion.
The fact that tribes are directly discussed in the U.S. Constitution makes these occurrences even more unusual. In Article I, section 8, clause 3 of the Constitution, commonly known as the Commerce Clause, the document empowers the U.S. Congress to "regulate commerce with foreign nations... states... and with the Indian tribes." Legal scholars consistently point to this clause as the bedrock of tribal sovereignty recognition by the United States.
Of course, there have been thousands of treaties, agreements and documents which have, over the centuries, affirmed tribal sovereignty.
While, I believe, tribes are now better understood and more highly regarded than at any time in modern history, there remains lacking a deep and well-considered understanding of what tribes have meant to this country. It is imperative for any student of Indian history to totally immerse himself or herself in historical context in order to gain a proper appreciation tribal participation and accomplishment.
As we each know, "Indian law," "Indian policy," and "Indian affairs" can mean almost anything.
During the American Revolutionary period, we were actively sought out as trade partners, military allies and friends. For a period after the war and American independence, we continued to fulfill those roles, and more. Into the 1800s, as we sought to continue our traditional lives and governments, federal law and policy began to vacillate and actions often became punitive, even to the point of removal, assimilation and tribal elimination.
More policy wobbling occurred until the current period of relative peace and prosperity began 40 years ago.
It is a testament to the Chickasaw people, and the people of countless other tribes, that our forebears persevered through tremendously trying circumstances so that we might arrive, together, at this point today.
While we were most often not even considered as a people as decisions were made for us or about us, our ancestors made it through the dark times thanks to the strength they created by relying on each other.
Now, thanks to their sacrifices and their willingness to endure the toughest of times, we are at the point of tremendous and powerful Chickasaw achievement. We are now in position to help Chickasaws, and others, by being vital, active and informed advocates for good things that benefit tribes and Indian people.
