The Declaration of Independence and the United States Constitution Editorial commentary by Bruce Kafer, RN (Oglala Lakota)
Recently I saw an email come across one of the list serves I am on and it pointed out a very interesting aspect of the Declaration of Independence. While I suspect many of you are familiar with this American Indian portion of this historic document - I must confess that I was not. Please recall that the Declaration of Independence was the action of the Second Continental Congress on July 4, 1776. In this most famous historical document, there is the unanimous Declaration of the thirteen United States of America. Some of you may recall from school the well known beginning section that starts out: WHEN in the Course of human Events, it becomes necessary for one People to dissolve the Political Bands which have connected them with another, and to assume among the Powers of the Earth, the separate and equal Station to which the Laws of Nature and of Nature�s God entitle them, a decent Respect to the Opinions of Mankind requires that they should declare the causes which impel them to the Separation.
WE hold these truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness - That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed, that whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or abolish it, and to institute new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness�
As you may know, the document is much longer than the excerpt I have included here. I have spoken with people on this and a number of them have cited that they once had memorized the first two paragraphs as a requirement for school. The interesting part is what comes after those first two paragraphs. Aside from looking at the obvious lack of compatibility which occurred for the indigenous people of this land despite the purported principles of this document, there is another equally striking part. After the first two paragraphs, there are a number of reasons cited for the United States to begin their own independent government; these are a litany of criticisms against the King of Britain. There approximately 29 criticisms of the King and the one I too found to be most glaring was where it states, �He has excited domestic Insurrections amongst us, and has endeavored to bring on the Inhabitants of our Frontiers, the merciless Indian Savages, whose known Rule of Warfare, is an undistinguished Destruction, of all Ages, Sexes and Conditions.�
To greatly make and understatement, it is clear that Natives in this land were portrayed in a very unfavorable light. Moreover, this passage punctuates the negative portrayal of Natives throughout history which still continues to this day, directly contradicting that �all men are created equal.� One of the statements on the list serve in response to this was �what can we do about this?� In thinking about that, I want to offer you my opinion as we seek to improve the status of American Indians and Alaska Natives in the United States. First, it is important that we become familiar with this document and note its importance as a teaching tool. Many of us speak in public events, lecture at schools, churches, etc. So, there are opportunities to teach others on attitudes towards Indians and the historical roots. Interestingly, I was just asked to review a curriculum designed to teach some of these little known facts about Indians and their historic portrayal. This curriculum is being considered at a church where the predominant congregation is Caucasian. I actually felt some optimism and noted that was a change from when I was in church school. Obviously, progress is slow. I also think it is very important that everyone should learn about the legal status that American Indians and Alaska Natives hold in the United States today. We are the only racial and ethnic minority that conducts government to government relations with the United States. This is primarily due to the United States Constitution and treaties that were made with us prior to 1871. As many of you know, there were subsequent Supreme Court decisions, Executive Orders, laws, and federal policies which have further established our sovereignty. What also is important to know is that it is only the federally recognized tribes which have this government to government relationship with the United States due to this special status. While state recognized tribes may have a unique relationship with a particular state, it is much more limited and does not have the same voracity. Of course, there is always the issue about American Indian and Alaska Native tribes who do not have any recognition and the difficulties associated with that process. However, what is important to note and what is often disconcerting to federally recognized tribes and American Indians and Alaska Natives is that Congress has full plenary power over American Indian tribes. As you have seen over history, Congress has made it difficult for tribes due to their ability to exercise their power. This power basically resulted in huge losses of land, relocation, unemployment, health care problems, and the list goes on. The reality is that Congress has full power and grants tribes their sovereignty. So, in actuality it is a limited sovereignty, although it does result in tribes having power. It is the tribes who decide who gets to enroll and how strict their enrollment criteria are going to be. They have the autonomy to decide if they will require a particular blood quantum or if just proving descendency will suffice for enrollment. For your reference, I am including the seven criteria that tribes have to meet in order to gain federal recognition. Note, only Congress has the authority to grant federal recognition to an Indian tribe, but Congress has delegated that power to the Secretary of the Interior. In 1978, the Secretary created an administrative process managed by the Bureau of Indian Affairs (BIA) - and issued a set of regulations to govern it - whereby Indian tribes can petition for and obtain federal acknowledgement. The Secretary�s regulations impose seven criteria that Indian tribes must meet in order to become federally recognized. The petitioning group must prove:
1.That it has been from historical times until the present, on a continuous basis, identified as American Indian.
2.That a substantial portion of the group inhabits a specific area or lives in a community viewed as American Indian, distinct from other populations in the area.
3.That the group has maintained governmental authority over its members as an autonomous entity throughout history until the present.
4.The group must submit a copy of its current governing documents including its membership criteria.
5.Prove that the group�s membership consists primarily of persons who are not members of any other Indian tribe.
6.Submit a list of all known current members.
7.Show that the group has not been the subject of federal legislation expressly terminating its relationship with the U.S. government.
Space limits us from getting into a discussion about the Bureau of Indian Affairs and the controversy over this agency. What is interesting though and as a side note, when the National Congress of American Indians was asked if they thought the BIA should be abolished and something else created they said no. This was due to the belief that the United States government would not be able to implement a positive reorganization of Indian services and any attempt would likely result in even more damage to Indian people and tribal governments. The NCAI decided it would be more appropriate that Congress adequately fund the BIA - this has not occurred yet. Even though there has been a shift in policy over the years to more self determination for tribes, Congress has not and does not provide adequate funding for American Indian and Alaska Native tribes in any of their federal agencies. It is important that we continue to write our Congressman and elect persons who can have best impact on Indians despite the constraints of the system. I hope you enjoyed this commentary and I look forward to writing with you in mind in the next edition of Drums Along the Ohio.
Bruce Kafer, RN, BSN, AAS is an enrolled member of the Oglala Sioux Tribe which is the federally recognized tribe that resides on the Pine Ridge Indian Reservation in South Dakota. He also practices as a registered nurse at the Louis Stokes Cleveland Department of Veterans Affairs Medical Center coordinating an outreach initiative for American Indian veterans as well as Latino Veterans. He also serves on the National Veterans Health Administration Native American Advisory Council. His office phone is (440)526-3030 ext.7262 and his email address is Bruce.Kafer@med.va.gov
