Court Case Threatens Native Sovereignty

A serious threat to Native American tribes across the United states looms large. A decision on the Supreme Court case Brackeen v. Haaland -- a direct assault on the constitutionality of the Indian Child Welfare Act (ICWA), and by extension, the very right of tribes to be classified as sovereign nations -- is expected later this year.
 

Enacted in 1978, ICWA was part of the federal government's efforts to rectify the incomprehensible harm it caused to Native families through the forcible removal of Native children from their communities into boarding schools or non-Native foster and adoptive homes. Between 1819 and 1969, hundreds of thousands of children were taken from their families and homes. 

 

ICWA establishes minimum standards for a Native child to be removed from their home and empowers tribes to be more involved in adoption and custody procedures for kids enrolled or eligible to enroll in tribal nations. The law gives tribal courts exclusive jurisdiction over members who live on tribal land, in the hopes of keeping families together, and creates a process whereby they're noticed and involved in cases outside of these boundaries.
 

For years, people and organizations hostile to ICWA have tried to erode the legislation through the court system. Should ICWA fall, it's not only adoption and foster cases that will be gravely impacted; the basic foundations of tribal sovereignty could be unwound. Observers in Indian Country have long believed that attacks on the legislation have broader aims in mind than the wellbeing of children, and many anti-ICWA proponents are also perceived as gunning for access to natural resources, mineral rights and more.
 

Calling into question the authority of Congress to deal with tribal nations as distinct sovereigns would have ​major reverberations throughout the field of Indian law. These attacks on sovereignty can be traced back to the Trail of Tears, the deadly westward displacement of five tribes between 1830 and 1850 initiated by then-President Andrew Jackson. The argument made at the time was that the tribes were being overwhelmed by European settlers, and they would be annihilated if the government didn't take them into custody and move them. ​In truth, those tribes controlled the waterways, and Andrew Jackson said, "​We want it, and we are going to take it."
 

Tribal sovereignty predates the coming of the colonial powers. From 1778 to 1871, the United States federal government signed 370 treaties with tribal nations. Many were used as tools to forcibly remove Indigenous people from their native lands and relocate them to reservations. In exchange for the land they had lived on for generations, tribes were offered many now-broken promises from the government: of peace, the provision of health and education, hunting and fishing rights and protection against enemies.
 

According to the Constitution, treaties can only be enacted between two sovereign nations. That status and the right of tribes to self-govern was affirmed in the 1832 Worcester v. Georgia Supreme Court case. It's also grounded in the Constitution through not one, but two clauses, and was reiterated yet again in the 1990s by a Department of Justice memorandum that tribal nations have the unique status of ​"domestic dependent nations." You can help protect tribal sovereignty by supporting the Native American Rights Fund.

Happy Vernal Equinox

At the Vernal Equinox, we begin a new cycle on the Medicine Wheel of Life, entering the East -- home of the rising sun, morning, birth, beginnings, and the spring season. Spring arrives when the earth is tilted so that the sun is directly over the equator. In the Northern Hemisphere, the first day of spring is on or about March 21. This is the day of the Vernal Equinox. Vernal means spring; Equinox means equal night. Night and day are the same length, each lasting exactly twelve hours on this day. It is at this time when light and darkness are in balance. The forces of feminine and masculine energy, yin and yang, are also in balance at this time, providing a unique opportunity to tune in and find our inner balance, harmony, and alignment. The 2023 Vernal Equinox will occur on Monday, March 20, 2023 at 21:24 Coordinated Universal Time (UTC).
 

Throughout human history, people in the northern parts of the world have celebrated the Rites of Spring, marking the end of earth's winter sleep and the start of spring when everything is reborn. Ancient cultures connected spring with the return of life to the earth. The return of spring in ancient times was of more consequence than it is to us today because winter food and fuel shortages ended, inclement weather waned, and crops could be planted. Pagan customs such as lighting fires at sunrise for renewed life and protection of the crops still survive in South America as well as in Europe.
 
In China, the Vernal Equinox has always been celebrated as the time of new beginnings, of action, of planting seeds for future grains, and of tending gardens. Spring is a time of the earth's renewal, a rousing of nature after the cold sleep of winter. The life energy, symbolized by thunder, erupts from the depths in early spring to awaken the dormant seeds to new life. The yearly cycle begins in the spring when thunder quickens the renewal of life. Winter still has its grip on the land, but the days are lengthening and the light is growing stronger by the day. Spring is finally here... I hope we can be inspired by nature's reawakening to renew our own lives.

 

The Descent of the Feathered Serpent

In March of 1995, I was fortunate enough to visit the Pyramid of Kukulkan at Chich'en Itza, Mexico on the vernal equinox when the sun projects an undulating pattern of light on the northern stairway for a few hours in the late afternoon--a pattern caused by the angle of the sun and the edge of the nine steps that define the pyramid's construction. These triangles of light link up with the massive stone carvings of snake heads at the base of the stairs, suggesting a massive serpent snaking down the structure.
           
According to legend, twice a year when the day and night are in balance, this pyramid dedicated to Kukulkan (or Quetzalcoatl), the feathered serpent god, is visited by its namesake. On the equinox Kukulkan returns to earth to commune with his worshipers, provide blessing for a full harvest and good health before entering the sacred water, bathing in it, and continuing through it on his way to the underworld.

FNX - First Nations Experience

First Nations Experience (FNX) is the first and only national broadcast television network in the United States exclusively devoted to Native American and World Indigenous content. Through Native-produced and themed documentaries, dramatic series, nature, cooking, gardening, children's and arts programming, FNX strives to accurately illustrate the lives and cultures of Native people around the world.
 

Created as a shared vision between Founding Partners, the San Manuel Band of Mission Indians and the San Bernardino Community College District, FNX is owned by and originates from the studios of KVCR-PBS San Bernardino. FNX began terrestrial broadcast in the Los Angeles area on September 25, 2011 and went national on November 1, 2014 via the Public Television Interconnect System (PBS satellite AMC - 21 Channel SD08), making the non-profit channel available to PBS affiliates, community and tribal stations, and cable television service providers across the country. 

At the ceremonial unity launch of FNX in February 2011, Cherokee actor Wes Studi confessed he didn't see this coming. "Thank you for proving me wrong," Studi said, speaking at the KVCR/FNX studios in San Bernardino, California. "I once said that I didn't think in my lifetime I'd see a TV channel dedicated to Indian people like you and me, people who are rarely seen on screen in authentic ways. We're making history with this powerful new media tool. This is something I can tell my grandchildren about -- I'll tell them I was there when it launched."

San Manuel Tribal Chairman James Ramos said FNX is "fulfilling a dream our ancestors had ... using the resources we have built through gaming. It's important that people know what our ancestors had to go through so we could be here today. It's time for us to change negative perceptions about indigenous peoples in mainstream audiences. We need to stand together as one voice and make things better for our people."

Ramos added context from his own tribe's past. "There was a time in California's history when there was an effort to get rid of Indian people; we were shot and killed here in the San Bernardino Mountains," Ramos said. "Many people never heard that story, and today some people don't want to talk about that history. But it's important that we do so that we can learn from the past and move forward working together for a better future."

FNX is working diligently to obtain channel carriage in as many communities as possible across the United States. Currently, FNX is carried by 22 affiliate stations broadcasting into 25 states from Alaska to New York and has a potential viewing audience of more than 74.5 million households across the United States! Several additional stations have also begun streaming FNX digitally throughout their communities and states. More new stations are always coming on board, so stay tuned -- FNX may be available in your city very soon! If you'd like to get FNX carried in your community, please reach out to your local stations, cable and satellite service providers. I can't recommend FNX enough and best of all it is totally free!

Remembering Indigenous Rights Advocate James Abourezk

A few days ago, we lost a tireless champion of the rights of the Indigenous Peoples of North America. Retired South Dakota United States Senator James Abourezk, the architect of the Indian Child Welfare Act (ICWA), passed away at his home in Sioux Falls on Friday, Feb. 24 on his 92nd birthday. James George Abourezk was born in 1931 in Wood, South Dakota, the son of Lebanese immigrants. Growing up on the Rosebud Indian Reservation, he spoke only Arabic at home and did not learn English until he went to elementary school.
 

After high school graduation in 1948, Abourezk served in the US Navy during the Korean War. Following military service, he earned a degree in civil engineering from the South Dakota School of Mines in Rapid City in 1961, and worked as a civil engineer in California, before returning to South Dakota to work on the Minutemen missile silos. At the age of 32, he decided to pursue law, and earned a J.D. degree from University of South Dakota School of Law in Vermillion in 1966.
 

Abourezk began a legal practice in Rapid City, South Dakota, and joined the Democratic Party. He ran in 1968 for Attorney General of South Dakota but was defeated by Gordon Mydland. In 1972, Abourezk was elected to the U.S. Senate, where he served from 1973 to 1979, after which he chose not to seek a second term. He was the first chair of the Senate Committee on Indian Affairs. His legislative successes in the Senate included the 1975 Indian Self-Determination and Education Assistance Act, as well as the American Indian Religious Freedom Act of 1978. The American Indian Religious Freedom Act gives federal protection to the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians.
 

Abourezk's signature legislation was the Indian Child Welfare Act (ICWA, 1978), designed to protect Native American children and families from being torn apart. Native American children have been removed by state social agencies from their families and placed in foster care or adoption at a disproportionately high rate, and usually placed with non Native American families. This both deprived the children of their culture and threatened the very survival of the tribes. This legislation was intended to provide a federal standard that emphasized the needs of Native American children to be raised in their own cultures, and gave precedence to tribal courts for decisions about children domiciled on the reservation, as well as concurrent but presumptive jurisdiction with state courts for Native American children off the reservation.
 

In 1973, Senators Abourezk and George McGovern attempted to end the occupation of Wounded Knee by negotiating with American Indian Movement (AIM) leaders, who were in a standoff with federal law enforcement after demanding that the federal government honor its historical treaties with the Oglala Sioux nation. The Wounded Knee Occupation began on February 27, 1973 when about 200 Oglala Lakota and followers of AIM seized and occupied the town of Wounded Knee, South Dakota. The occupation lasted for a total of 71 days, during which time two Lakota men were shot to death by federal agents and several more were wounded. It was a key moment in the struggle for Native American rights.
 

The summer after the occupation of Wounded Knee, Abourezk introduced the American Indian Policy Review Commission Act, which created the eleven-member commission to study legislation with the goal of addressing key issues in Indian Country. He served as its chairman until its landmark report was published in 1977. He took the gavel as chairman of the Select Committee on Indian Affairs from its creation in 1977 to 1979, when he left the Senate.
 

In 1980, Abourezk founded the American-Arab Anti-Discrimination Committee, a grassroots civil rights organization. In 1989, he published his Advise and Dissent: Memoirs of South Dakota and the U.S. Senate. He was the co-author, along with Hyman Bookbinder, of Through Different Eyes: Two Leading Americans -- a Jew and an Arab -- Debate U. S. Policy in the Middle East (1987).
 

After his retirement from the Senate, Abourezk worked as a lawyer and writer in Sioux Falls, South Dakota. He continued to be active in supporting tribal sovereignty and culture. Since 2005, he chaired the Lakota People's Law Project Advisory Committee. The Lakota People's Law Project is committed to defending the rights of South Dakota's Native American families, exposing the epidemic of illegal seizures of Lakota children by the state of South Dakota, working towards the structural solution to end this injustice. Just last year, Sen. Abourezk assisted their legal team in filing an amicus brief supporting ICWA with the United States Supreme Court. Later this year, the High Court could overturn the senator's landmark piece of federal legislation -- and that poses an imminent threat to Native families and sovereignty.