A Modern Day Native American Nation Within the United States: Dream or Reality?

Will the Lakota secede? Will there be an independent, Native American nation made from United States territory? The Lakota Nation, a Native American tribe that can claim Sitting Bull and Crazy Horse in its long history, has long sought proper respect and dignity from the United States government. It is true that the United States lied to, mistreated, and ravaged the Lakota in a completely unethical and brutal fashion, signing and breaking every treaty they agreed to. Now, a Lakota member has formally declared that the Lakota Nation is withdrawing from all treaties with the United States, and is forming an independent nation from territory in five US states.

This Lakota member, Russell Means, bases his action on a UN declaration of the rights of indigenous peoples, and Article VI of the US Constitution, which says that treaties are the supreme law of the land. He has visited the State Department and delivered formal notice of the Lakota leaving all treaties with the United States, and even begun conducting diplomatic visits with other foreign powers, seeking recognition of the "new Lakota Nation." Although his argument that the Lakota have been lied to and abused by the US is accurate, his authority and reasoning for these acts are, to say the least, questionable.

Mr. Means is a Lakota, but he is not a tribal leader, chief, or elder. These are the individuals that officially speak for the Lakota peoples, dating all the way back to Sitting Bull's time. It can be argued that although he is a strong activist, he does not have the true authority to make such declarations on behalf of all Lakota. In fact, some actual Lakota chiefs have already publically stated that they do not support what Mr. Means is trying to do.

Mr. Means says the new Lakota Nation will be tax free, and will begin issuing its own driver's licenses and passports. If they will collect no taxes, how, then, will they pay for the organizations required to have passports, driver's licenses, and diplomatic missions? For that matter, who will pay for the police that will ask to see said driver's license, or the ambulance that carries you away if you have an auto accident? One can guess that they will not function for very long without any taxes.

The area described as being the new Lakota Nation consists of parts of North and South Dakota, Nebraska, Montana, and Wyoming. This area is filled with US nuclear weapons and Air Force/NORAD facilities. How do they plan to address these now-foreign military bases on their soil? What happens to all the non Native Americans living in the area? Mr. Means has said that anyone who is willing to renounce their US citizenship may join their nation. What if current residents of the area do not wish to do this? Will they be expelled?

Some of the biggest problems facing Native Americans are unemployment, drug addiction, and very poor life expectancy/health care. While parts of these problems exist due to discrimination and abuse against Native Americans by others, it would seem that withdrawing from and rejecting the US would exacerbate these problems, especially their economic roots. US isolationism and rejectionist behavior towards the rest of the world under George W. Bush and the consequences we have suffered from it is a good example of this.

I note that they are withdrawing from their treaties with the US government, which they have a right to do, especially under this indigenous peoples' UN mandate. They're also right about the Constitution's rule of treaties. It would be an interesting debate to ask them at what point do they officially give up their US citizenship, and thus their rights under the Constitution? After all, if they are basing their right to do this at least in part on the US Constitution, then they are agreeing by default that they are US citizens, which they claim not to be. At the same time, in their defense, as I recall the 14th Amendment says (among other things) that states must give equal protection under the law to all persons within their jurisdictions, including non US citizens. That was written for the benefit of black slaves after the Civil War, but could also apply here.

It's an interesting case. I don't think the Lakota have the funds, manpower, or military to really achieve their goal of a Lakota Nation, nor do I think Mr. Means is a true representative of the wishes of the Lakota, but I do give them props for actually attempting it. It's kind of like the Free State Project in New Hampshire, which had some laudable goals (especially if you are a libertarian) but which fell far short of actual follow through by its stated supporters. Perhaps, one day, Native Americans will truly get their due for the wrongs they have suffered, but this is not the way to go about it.