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

Author

Listed:
  • Ennio E. Piano

    (Middle Tennessee State University)

  • Louis Rouanet

    (Western Kentucky University)

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.

Suggested Citation

  • Ennio E. Piano & Louis Rouanet, 2024. "The calculus of american indian consent: the law and economics of tribal constitutions," Public Choice, Springer, vol. 199(3), pages 341-366, June.
    • Handle: RePEc:kap:pubcho:v:199:y:2024:i:3:d:10.1007_s11127-022-01007-y
    DOI: 10.1007/s11127-022-01007-y
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