Abstract
AbstractHistorical tensions and conflicts have existed between the nation and the state across the globe for centuries. These antithetical geo-political entities have also erected Constitutions of their own to assert their sovereignty and independence. The paper then explores the constitutional activism by the nation to attain its sovereignty and the right to self-determination from the state supervision. The paper specifically interrogates recent efforts by the Nation of Lakota in North America, and its constitutional activism and the attempts to secede from the US jurisdiction in order to declare the nation’s independence. The paper provides the critical investigation of an array of both domestic and international laws used by the Nation of Lakota in order to complete the withdrawal of its political ties and legal obligation from the US territory. The paper concludes by discussing the ongoing constitutional activism by multiple nations in Asia and other regions of the world in an effort to attain their sovereignty and independence within, and even beyond, the respective state systems.
Highlights
The Constitution represents the corpus of fundamental legal principles by which the power of the state is established, limited, and defined
This paper examines the contours of the historical path through which the original and indigenous nations have relied on the Constitution and political rights under international law to assert their independence from the state
This paper focused on the Oglala Sioux Tribe of the Lakota Nation and their efforts to create the Constitution and later amend to remove the constitutional compliance to the US government
Summary
The Constitution represents the corpus of fundamental legal principles by which the power of the state is established, limited, and defined. Some of the notable independent communities that have decided to erect their own Constitutions are: (1) the principalities of Kashmir in India, Kurdistan in Iraq, and Palestine in Israel; (2) Catalonia in Spain, Bavaria in Germany, and other autonomous communities in Europe; and (3) the Lakota, Iroquois, Seminole, and other indigenous nations in North America.. Some of the notable independent communities that have decided to erect their own Constitutions are: (1) the principalities of Kashmir in India, Kurdistan in Iraq, and Palestine in Israel; (2) Catalonia in Spain, Bavaria in Germany, and other autonomous communities in Europe; and (3) the Lakota, Iroquois, Seminole, and other indigenous nations in North America.2 These substate communities have adopted, in a sense, “bifurcated” Constitutions in an effort to protect their political autonomy, preserve human dignity, and maintain cultural and biological diversities in their ancestral homelands in the presence of state domination. The last section contemplates the future of nations and their constitutional movement around the globe, and explores the legal path towards the recognition of sovereignty for the nations and other self-governing communities
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