The Role of the U.S. in the Formation of a Constitution for the Hopi Tribe
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The springboard for my Senior Individualized Project was a winter internship at a private organization known as Institute for the Development of Indian Law, in Washington, D.C. The Institute is funded by a combination of private and federal grants, and has as its general goal the upholding of civil and treaty rights of American Indian tribes. My S.I.P. analysis will proceed from an institutional framework, playing on the philosophical notions which characterized the New Deal period. These philosophical ideas are especially evident when applied to New Deal Indian policy, which in many respects was a total philosophical, if not in reality a practical departure from previous Indian policy. Why the institutionalization of several of these philosophical ideals failed to come about will be one of the major things highlighted in my project. Some of the specific difficulties encountered in the Hopi situation can then be extended in a general sense to all Indian policy. I feel that institutionalism is the most convenient analytical framework for several reasons: The original intention of the Indian policies behind the formation of the Hopi constitution attempted to create a universal solution to Indian problems by injecting libertarian ideals into a practical policy. Collier attempted to build certain libertarian principles into the mechanisms of rule delineated by his Indian policy. Institutional analysis will help draw focus on whether or not these policies did in fact embody libertarian principles, and to what degree other factors may have limited the practical expression of these principles. Also, this study will examine the formation and operation of a constitution. Ac constitution, in turn, contains the principles which provide a framework for institutions.