The Future of Tribal Nations: A New Paradigm to Avoid the Irreducible Minimum

Abstract

In a 2006 journal article Sam Deloria warned that there was no irreducible minimum in tribal power under the American system. He called for a new paradigm that must be developed to avoid such an outcome. He said that everything should be open for discussion except tribal culture and he took scholars to task for being too idealistic and not looking for realistic solutions. In the same journal Kevin Gover took tribal leaders to task for talking too much about tribal power and not enough about tribal responsibility. It has now been 8 years since these comments were made and there is no evidence that scholars or tribal leaders were listening while during this same period, the Supreme Court has continued to push tribes closer to that irreducible minimum. This paper is an attempt to get scholars to begin searching for this paradigm and avoid further travel down that road to irreducible minimum. Scholars sit in the unique position that allows them to freely express their ideas with little consequence other than the criticism of their colleagues. This paper will surely test the degree to which they are willing to accept that criticism should they choose to answer the call. This paper starts by pointing out that many tribal leaders have a misconception about tribal sovereignty. This misconception has been fueled by scholars with idealistic agendas who search for a solution that will never be and would be detrimental to tribal members in any event. In part 1 the paper identifies sustainability; political and economic, as the basis for obtaining stable and prosperous societies within Indian communities. Part 2 identifies a subset of tribes that may be able obtain sustainability by looking for realistic solutions. It then describes a possible approach; a new paradigm if you will, that could have the potential to achieve sustainability. Part 3 addresses the large number of tribes that are simply too small to ever fully realize the goals described in step 2, but it suggests alternatives that will accomplish the same goal while maintaining sovereignty and the nation to nation relationship. Finally, the paper calls for scholars and tribal leaders to begin a dialog; a dialog that they thus far have avoided. But it is a dialog that must take place if they wish to obtain sustainable societies and avoid the irreducible minimum.