Among the flurry of executive orders signed by the President over the past few weeks, several targeted Native American communities. From the infamous border wall project to the ill-conceived Dakota Access Pipeline, the President affirmed his commitment to assaulting tribal sovereignty and environmental justice.
Verlon Jose, the leader of the Tohono O’odham Nation on the Arizona/Mexico border spoke for many people in Indian Country when he said, “over my dead body will a wall be built.”
Although some might think of the border wall and the Dakota Access Pipeline as “Indian” issues, it and others like it affect all Americans. That’s because what happens in Indian Country does not stay in Indian Country.
We have a vital concern with Indian self-government because the Native American is to America what the Jew was to the Russian Czars and Hitler’s Germany.
For nearly two centuries Native communities have been the staging area for federal policies and practices that would later be turned on the nation as a whole. Educational ideas were tried out on Native children—the Lancastrian monitorial method, the industrial school model. National water projects flooded Indian valleys.
Toxic runoff on Ft. Berthold Reservation, Montana.
National forest clear cutting denuded Indian hillsides. Nuclear weapons testing irradiated indigenous dunes and mesas; uranium mining for those same weapons scarred Indian Country’s mountains and poisoned its water.
Last summer, Duane Champagne, Professor of American Indian Studies and faculty member of UCLA’s School of Law, recalled Felix Cohen’s famous comment (made now a half-century ago) that Indians were like the canaries in the coal mine of American democracy. Given the events of the past few weeks, Cohen’s observation seems especially prescient.
Even more startling than his canary analogy is the context in which he made it.
Margene Bullcreek, opponent of toxic waste dump.
It was in the Yale Law Journal, in an article titled “The Erosion of Indian Rights, 1950 – 53” that Cohen forged this startling connection:
We have a vital concern with Indian self-government because the Native American is to America what the Jew was to the Russian Czars and Hitler’s Germany. For us the Indian tribe is the miner’s canary, and when it flutters and droops we know that the poison gases of intolerance threaten all other minorities in our land.
Intolerance. That’s the extra something that sharpens federal policy into the point of the spear in Indian Country. In North Dakota, the federal government was very slow to acknowledge and protect the civil rights of protesters. It essentially turned a blind eye to intolerance. Native people were denied hotel rooms because of their ethnicity. They were gassed and beaten in a way that no middle class white American has been. They were showered with rubber bullets, freezing water, and set upon by attack dogs all while the Obama administration did little on their behalf. It was only in the waning days of his presidency that Obama instructed the Justice Department to take a closer look at what was going on in Morgan County. Although Attorney General Loretta Lynch did eventually send Justice officials to the field to survey the situation, with the new administration, even those slim protections have been lifted and an aggressive BIA police force installed at Standing Rock to intimidate its residents.
BIA policeman beating a man on the Cheyenne River Reservation, February, 2017. [http://nativenewsonline.net/currents/cheyenne-river-sioux-tribe-reacts-bia-police-brutality/]
With the protection of state’s rights as its new role, the federal government has turned a blind eye to state legislation that is clearly, and maliciously, directed at Native people—with no other policy goals than intimidation and intolerance.
A case in point is North Dakota House Concurrent Resolution 3017. In January, when the new president took office, North Dakota legislators attempted to pass a bill that essentially made the old 1950s federal policy of “termination” (exactly the law Felix Cohen was discussing when he made his canary analogy) a model for the state’s relationship with its indigenous citizens. Like most Indian-directed legislation, it pretended to have the best interests of Native people at heart:
A concurrent resolution urging Congress to modify the Indian reservation system by vesting the states with the ability to engage in relations with Native American tribes and with the responsibility of developing plans to improve the failed Indian reservation system, advance and elevate the quality of life on Indian reservations, promote and increase literacy on Indian reservations, and help Indian reservations to achieve economic stability and independence.
The events in North Dakota, along the border of the Standing Rock reservation, on the Cheyenne River reservation, and in the Tohono O’odham homeland should worry non-Indians. Its is a short step from Indian Country to the “inner city,” and from there to suburbs and shopping malls. Native Americans are once again seeing the sweeping suspension of civil rights that happens when the government promotes the interests of the few over the objections of those it brands as alien, un-American, other. They know, perhaps better than the rest of us, that being Indian is just the beginning. Ask the Nisei, American citizens who, in the 1940s, found out they too were “Indians” and that they too could be herded into reservations “for the duration.”
Fracking in Indian County, North Dakota.
