Exercising the Right of Self-Rule: Tribal Constitutional Law and Customary Law

As we reflect upon the Anishinaabe story of Wenji-Nibwaakaad Nenabozho (Why the Trickster is so Smart), in the context of the development and implementation of tribal constitutions, tribal nations must ask themselves whether the federal government was playing a trick on tribal nations by imposing the Indian Reorganization Act and its corresponding constitutions and Anglo-American governing principles upon Indian country. Are these documents and corresponding governing principles actually “shit,” dressed up as smart berries under the guise of making tribal nations “wise” in the image of Anglo-American law? After ninety years its time tribal nations become wise and return to traditional constitutional principles based upon tribal customary law and inherent tribal constitutions.