The American Presidency

CONTENTS OF CURRICULUM UNIT 12.03.10

  1. Unit Guide
  1. Introduction:
  2. Rationale:
  3. Importance of a Government:
  4. Learning Objectives:
  5. Demographics:
  6. Chronological Culture:
  7. Kit Carson –Destroy and Conquer Campaign
  8. Treaty of 1968:
  9. Western Influence on the Dine:
  10. Navajo Tribal Code vs. Navajo Constitution
  11. Navajo Tribal Code vs. Constitution:
  12. Limits to Dine Government Power:
  13. Executive Branch of Dine Nation:
  14. Rules Before the Constitution:
  15. The Founders and the United States Constitution:
  16. A Call for a Convention:
  17. Success of the Convention:
  18. Commander in Chief:
  19. Collaborative Learning Activities:
  20. Essential Questions:
  21. Endnotes
  22. Works Cited

Naataanii'

Lucille Mitchell-Gagnon

Published September 2012

Tools for this Unit:

Navajo Tribal Code vs. Constitution:

"Why is there a Navajo Tribal Code instead of a Constitution? When the Navajo people first voted against the 1934 Indian Reorganization Act, they did so believing that it would end Collier's Livestock Reduction Program. Conflicting political reports from the government and tribal leaders confused the Navajos about establishing a tribal constitution. The issue was lost in the confusion. In 1950, the constitutional question arose a second time when the Navajo-Hopi Rehabilitation Act included a provision that the Navajo Tribe may adopt a constitution. A draft was written and sent to the Secretary of the Interior in 1953. During the same time, there was a debate between the Navajo Tribe and the Secretary of Interior regarding business partnerships with energy companies. The Navajo Tribe wanted to take advantage of oil and gas development on the reservation. They introduced a bill to allow the council to begin the process. Though the Federal Government strongly supported the end of a federal Indian policy, it refused to grant Navajos the freedom to develop their mineral resources. The Tribal Council deferred the constitution once again.

Raymond Nakai, Dine Tribal Chairman from 1963-1970 pledged to institute and adopt a constitution during his administration. A draft was made and submitted to the Dine Tribal Council on November 14, 1968. The Tribal Council had approved the constitution, but it was never put before the people for ratification.

"Section 6 of the Navajo-Hopi Rehabilitation Act authorized the Dine tribe to adopt a constitution. No further advisement to adopt a constitution has been made since 1968. Some of the reasons made by the Council are as follows:

1. They felt that the constitution would define some limit to their powers.

2. They may solely exercise all sovereign powers currently vested in them.

3. Constitutional provisions would require that some council actions be taken to the people for approval.

4. That it would be too time-consuming and expensive to involve the Navajo people in direct participation on certain tribal resolutions.

The Secretary of Interior must approve all tribal constitutions and can veto many tribal laws. This power of the Secretary is commonly referred to as "Secretarial Review". 10

In establishing the process of amending the Navajo Tribal Code, the Navajo Nation took steps to reorganize the Dine Nation government. The Dine people began to gradually take back their essential powers of self-government. The Tribal Code is now referred to as the Navajo Nation Code.

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