The calculus of american indian consent: the law and economics of tribal constitutions

Ennio E. Piano () and Louis Rouanet ()
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Ennio E. Piano: Middle Tennessee State University
Louis Rouanet: Western Kentucky University

Public Choice, 2024, vol. 199, issue 3, No 8, 366 pages

Abstract: Abstract The Indian Reorganization Act (IRA) of 1934 led many American Indian tribes to adopt formal constitutional texts to govern life on reservations. Over the following decade, dozens of tribes ratified their constitutions in hopes that they would start a new age of tribal self-governance. Given the opportunities for constitutional design subject to constrains, we develop a theory of constitutional choice on reservations. Tribal constitutions varied substantially in content and structure. We evaluate the constitutional choices tribes made regarding four areas: membership requirements, direct democracy, restrictions placed on officials, and protection of private property. Our theory yields several hypotheses that we test against data on 117 tribal constitutions, most of which were ratified in the aftermath of the IRA. The results provide evidence for the validity of our hypotheses.

Keywords: Constitutional choice; American indian constitutions; Indian reorganization act; D23; D73; K10; N41 (search for similar items in EconPapers)
Date: 2024
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DOI: 10.1007/s11127-022-01007-y

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