Constitutions & Governance
Independence: Revolution and the U.S. Constitution in Indian Country
Cultures need rules to live by, otherwise there is chaos. Lawyers and courts, in fact 1/3rd of the foundation of Canadian and U.S. governance (judiciary, executive, legislative) is related to interpretation and enforcement of laws, the highest law being a “constitution,” a written document. Native Americans, except for the Inca, Mayan and Aztec, had only beginnings of a written languages and constitutions and counted in base number 20, (Hawaiians in 12) … not necessarily 10. The Iroquois “Great Binding Law of the Five Nations” was “written” with seashells on wampum belts. (Benjamin Franklin recommended this government form, modeled after the Iroquois Confederation). Think of these History Lesson Series like the human body: The brain and nervous system are the legal structure “Governing” today requiring electricity (power) and a complex language to communicate. Refined in America and Canada, originating in England, the World might be in chaos today without our system founded on individual freedoms and property rights and the Magna Carta (1215 AD) as a safeguard against imprisonment or seizure of private property “except by the lawful judgment of peers or by the law of the land.” It, and the Christian religion, allowed the evolution of our culture leading to the West’s concepts of women’s suffrage, systemic discrimination, and equal pay. Pioneers and Indigenous cultural roots were/are not that much different, evidence the Makah & Norse Longhouses. We are all brothers and sisters, our mitochondrial DNA attesting, but when the unwritten Indigenous’ could not pass down by word of mouth from elders who were killed by plagues the next generation suffered. In Europe ancestors (children of Abraham) relied upon the Bible, the first mass printed document. Today, we rely on “constitutions.” When writing a constitution, most states used English and Federal concepts: 43 state constitutions are based on the U.S. Federal Constitution (all are wordier), but Louisiana has a French bias, Florida, Texas, and California have a Spanish influence, etc. In Canada provincial laws can easily supersede Federal, it is vis versa in the U.S. where the U.S. Constitution is the highest authority. In the U.S. when disputes arise, as they have many times, a Federal Judge may decide (example, the “Bolt Decision”) relating to treaties signed. (The word “treaty” occurs when sovereign nations agree. They are not always perfect; a Treaty Topic Neglected with Indigenous Peoples describes not including agricultural areas tended for 1,000s of years, see Forest Glade and Forest Grove.) Native Peoples who believed that no one owns the air, wind, clouds, water, or land around them have struggled. That said, some 400 American Indian tribes today have established their own tribal courts and codes, some like States, having their own Supreme Courts (the Navajo above). Governance falls apart when it demands actions by citizens against their wishes especially in daily actions that treat the Earth with care. Legal and illegal behaviors are based on Law. Immoral and moral behaviors are based on spiritual beliefs. Can the topic, “caring for the Earth,” continue to ignore the Bible and Indigenous Peoples’ spiritual beliefs” … people, today, who continue to consider Genesis 2: 15 their moral Law? For related topics, see: Early Wives and Tree Huggers. Perhaps the greatest chance of extinction will occur when the citizens involved in this Great Experiment (because that is what our Constitutions are in the path of History), give in to apathy and indifference. For related Topics: Basic Utilities, Currencies, Elimination of Tribes, English Logging, First Nations’ Fears, PNW Indian “Tribes,” the Salish and The Need for Water.
When 10 highlighted lesson sections for Statehood, Constitutions, Far West’s Owner have been reviewed and answered, select the State or Province below for a Record of Completion.
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Ethnobotanicals and native animals also mentioned: Collector Berries: Strawberries and Blackberries; Owls: Great Horned, Barn and Spotted; Pines: Lodgepoles, Pinon and Ponderosa; Native American Shelters Brush Houses, Longhouses and Tepees.