First Nations Journal

The United States has a constitutional, statutory, and treaty-based obligation to provide quality education to Indian beneficiaries.  This responsibility extends to Haskell Indian Nations University (HINU) the Southwestern Indian Polytechnic Institute (SIPI), and the nations tribal colleges and universities (TCU’s).  Haskell and SIPI are not tribal institutions: they are federal institutions created, owned, and operated by the U S   and Indian treaty law and policy must be followed to provide quality education to Indian beneficiaries Haskell Indian Nations University (HINU), Southwestern Indian Polytechnic Institute (SIPI) and tribal colleges.  Haskell and SIPI are federal institutions created, controlled and operated by the U S Department of Interior (DOI) Bureau of Indian Affairs (BIA)and Bureau of Indian Education (BIE).  Their governance, funding and accountability flow directly from federal authority—not tribal governments.   

Federal and Indian treaty fiduciary trust education responsibility has failed at Haskell.  The Department of Interior, Burau of Indian Affairs, Bureau of Indian Education trustees are in breach of duty of trust responsibility at Haskell.  The Haskell trustees have no accountability and govern with impunity as the trustees know the U S does not enforce Indian rights.  Indian people pay the price.  The proposed Haskell Indian Nations University Improvement Act Section 2 cites the ‘neglect of governing duties from the Bureau of Indian Education   Section 3 of the proposed Act cites ‘the importance of the Federal Government fulfilling its trust and treaty responsibility to Native Americans and clarifies the University’s charitable organization tax status and independence from the Bureau of Indian Education.       

https://www.congress.gov/bill/119th-congress/house-bill/4085

The U S Constitution (the “Commerce Clause”) explicitly includes Indian tribes, granting Congress the power “to regulate Commerce with foreign nations and among the several States, and with Indian tribes”.  This clause recognizes tribes as sovereign nations separate from states and foreign nations, establishing a federal nation-to-nation relationship and plenary authority over tribal affairs. 

https://constitution.congress.gov/browse/essay/artI-S8-C3-9-2/ALDE_00012977

First Nations Journal pursuant to the Constitution and the Commerce Clause has appealed to Congress for a portion of the $175 billion revenue collection be provided to tribal governments and Indian beneficiaries that is identified in the recent supreme court decision Learning Resources, Inc.  v. Trump.  Federally recognized Indian tribes and Indian beneficiaries depend on tariff revenue for self-government and services including Indian treaty trust obligations of Indian education.   Indian tribes conduct international trade with foreign corporations.   Indian tribes are sovereigns recognized in the Constitution, and because tariff revenue is collected under the same constitutional authority that governs Indian affairs, Congress has both the power and the responsibility to allocate a portion of tariff revenue to tribal governments and Indian beneficiaries. 

Strengthening federal compliance with constitutional treaty obligations is essential to ensuring: 

• Stable and adequate funding
• Competent and accountable governance
• Protection of institutional missions
• Educational quality for Native Students

First Nations Journal in the path forward advocates to require Congress to reassert its constitutional authority, enforce its trust obligations and ensure that federal agencies uphold—not undermine—the commitments made to Native nations.   

                                               FIRST NATIONS JOURNAL

M’gwitch, 🪶

Steve Cadue

Kickapoo Nation Kansas>