Although federal law acknowledges the inherent sovereignty of Native nations through centuries of treaty relationships and often works in partnership… - Dina Gilio-Whitaker

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Although federal law acknowledges the inherent sovereignty of Native nations through centuries of treaty relationships and often works in partnership with them through shared power, it is nonetheless a restricted form of sovereignty animated by imperialist legal foundations: the doctrine of discovery, domestic dependent nationhood, and the plenary power doctrine. These doctrines control Native peoples' lives and resources via intense regulation by the United States Bureau of Indian Affairs, meaning that Native people are more legally managed than all other people in the country, and arguably unconstitutionally contrary to the original treaty-based relationships. These are all constituent parts of what constructs the US domination-based legal paradigm.

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About Dina Gilio-Whitaker

Dina Gilio-Whitaker is an American academic, journalist and author, who studies Native Americans in the United States, decolonization and environmental justice. She is a member of the Colville Confederated Tribes.

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As its history with American Indians has shown, the US complies with laws it makes or agrees to only haphazardly at best, and often not at all. Indians have always had to fight to defend their lives, lands, and treaties. Resistance became a way of life a long time ago; only the tactics change. The federal government has never relinquished power over Native people without a fight, and the degree to which it has is directly attributable to work initiated by Native people themselves. In other words, more than any "granting" of rights by the United States, it is their bold assertions of self-determination, aided at times by powerful allies, that accounts for progress Native people have made in their relationships with the United States over the last century. Indigenous peoples have learned that no one is coming to save them, just as environmentalists have learned that their American legal system is a rigged game against the environment and their own communities. This is a pattern engrained by the forces of white settler colonialism and domination paradigms, but the growing sophistication in using education, law, and politics to advance tribal self-determination will continue to build a wall of defense against environmentally destructive corporate and government encroachments. There is no denying that the fossil fuel industry as we once knew it is dying. Even as its government puppets desperately grasp to hold on to power as the final drops of oil and gas are sucked from the Earth, the last chunks of coal are wrenched from the ground, and the nuclear industry continues to perpetuate the lie of its comparable cleanness, effective partnerships with allies in the environmental movement will provide the best defense for the collective well-being of the environment and future generations of all Americans, Native and non-Native alike. In the long run, environmental justice for American Indians is environmental justice for everyone... and for the Earth herself.

wherever, whatever kind of project that youʼre talking about, you must include Native voices and governments when appropriate. If we start there, then we create patterns of un-erasure and take meaningful steps in accordance with respect to Native people.

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