WS.SS.9-12 Lesson 1: A Treaty is Supreme

Overview
Lesson 1: A Treaty is Supreme
Lesson 2: Shopping at Celilo
Lesson 3: Traditional Homelands, Traditional Foods
Lesson 4: How Salmon Teach Us History
Lesson 5: Defining What’s Important in Your Life

SUGGESTED ACTIVITIES

Standards

CIVICS AND GOVERNMENT

  • SS.CM.CG.01—Understand the purpose of laws and government, provisions to limit power, and the ability to meet changing needs as essential ideas of the Constitution.
  • SS.CM.CG.02—Understand the interrelationship between local, state, and federal government.
  • SS.CM.CG.03—Understand how the branches of government have powers and limitations.
  • SS.CM.CG.04—Understand the role of the courts and of the law in protecting the rights of U.S. citizens.
  • SS.CM.CG.05—Understand the civic responsibilities of U.S. citizens and how they are met.
  • SS.CM.CG.06—Understand how government policies and decisions have been influenced and changed by individuals, groups, and international organizations.
  • SS.CM.CG.08—Understand how various forms of government function in different situations.

CD Segments to Play

For this topic, go to Historical Introduction (Arlie Neskahi).

Background

The events that shape the Warm Springs Reservation are best summarized by a few key documents described at the tribe’s website:

  • The Northwest Ordinance of July 13, 1787 first states Indian Policy in a formal manner.
  • The Treaty of 1855 defined the area of the Reservation, and allowed the Tribes to keep their rights to harvest fish, game, and other foods on accustomed lands outside the reservation boundaries.
  • The Wheeler-Howard Act (Indian Reorganization) of 1934 established the principle that Indians are best governed by themselves.
  • The Tribal Constitution and By-Laws established the Tribal Government in 1938. PDF format.
  • The Corporate Charter incorporated the Tribes in 1938.
  • The McQuinn Strip Boundary Dispute: 1871-1972
  • The Declaration of Sovereignty of June 25, 1992 declared the sovereign authority of the Tribes to determine our destiny and control all persons, land, water, resources, and activities free from outside interference.

It is important to understand that the Treaty of 1855 did not “give” the Warm Springs Tribal people rights to fish, hunt, and gather foods and medicines. They are rights tribal members have had and exercised since they were created. In the Treaty, Warm Springs ancestors reserved those rights to ensure that the tribe’s future generations would be able to maintain and exercise their traditions and customs.

Suggested Strategies

  • Contact tribal offices in Warms Springs, Oregon for names of tribal members who might visit your school and discuss these issues (541) 553-1161 or email info@warmsprings.com.
  • Set up a conference call with tribal managers, judge, or legal staff to obtain their views.
  • Contact off-reservation government officials for their views on the meaning of treaties today (Governor’s office, current Representative from Oregon’s Second Congressional District). Invite students to begin their research on these issues by reviewing the tribe’s website.

Activities

1.  Discuss

  • What is the history of reservations in Oregon and the Confederated Tribes of Warm Springs in particular? What is known about the constituent tribes that make up the Confederation (Warm Springs, Wasco and Paiute)? Send students to http://www.warmsprings.com. Divide students to research each member tribe.
  • What are treaties and how are they to be regarded today? Read the original 1885 treaty and notice who signed it.  (See http://www.warmsprings.com)
  • Describe the laws that govern the Confederation and how these laws compare to the essential ideas of the U.S. Constitution.  Does the U.S. Constitution address Indian nations?
  • How is the Confederation organized to carry out its work?  See http://www.warmsprings.com for current employment openings.  Contact the Human Resources Manager for a projection of future needs.
  • What is the history of intergovernmental relations between the Confederated Tribes of Warm Springs and local jurisdictions such as cities, counties, school districts; the State of Oregon; and federal agencies? Why do reservations have different laws than off-reservation political entities? Does one jurisdiction supersede another? Give examples from recent history.
  • What are the limits of power for the reservation vs. local, state and federal laws?
  • How does the court system work for the Confederation? What is its jurisdiction?
  • Research a recent example of how an issue for Tribal members with an external government was resolved through negotiation, arbitration, legislation or other problem-solving mechanisms.

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