I begin with the Anishinaabe story of Wenji-Nibwaakaad Nenabozho (Why the Trickster Is So Smart) in an attempt to understand the complicated nature of Tribal constitutions. As the story is told, Nenabozho, the trickster in Anishinaabe traditions, was walking along the shore:
Aabiding giiwenh o’ow babaamaazhagaamed a’aw Nenabozho enind, ogii- waabamaan biidaasamosed owiijanishinabem. Mii dash ow, ogii-naazikaagoon iniw anishinaaben. “Nenabozho,” ikido anishinaabe, “Giwii-kagwejimin gegoo.” “Ahaaw,” Nenabozho gaa-izhi-nakwetawaad. “Aaniin wenji-nibwaakaayan,” ogii-kagwejimigoon iniw anishinaaben, owiijanishinaaben. (This one time as that guy called Nenabozho was walking along the shore, he saw a fellow Indian walking towards him. Then he was approached by that Indian. “Nenabozho,” the Indian says, “I want to ask you something.” “All right,” Nenabozho replies to him. “Why are you so smart,” he was asked by that Indian, his fellow Indian.)
“Haaw.” Nenabozho gaa-izhi-inendang wii-inaad iniw anishinaaben, owiijanishinaaben. “Apane sa niin niijii nimiijinan nibwaakaaminensan.” “Oon, dagish waabanda’ishin wendinaman onow nibwaakaaminensan. Gaye niin niwii-nibwaakaa.” “Haaw,” Nenabozho gaa-izhi-inaaad, “Daga wiijiwishin. Giga-waabanda’in wendinamaan onow nibwaakaaminensan.” (“All right.” Nenabozho was thinking of what he wanted to tell that Indian, his fellow Indian. “As for me, my friend, I always eat smart berries.” “Oh, please show me where you get these smart berries. I would like to be intelligent myself.” “Okay,” Nenabozho told him, “You come with me. I’ll show you where I get these smart berries.”)
Mii dash megwekob gii-izhi-izhaawaad imaa. Megwaa bimosewaad, Nenabozho gaa-mikang o’ow waaboozoo-miikanens. “Mii imaa wendinamaan nibwaakaaminensan,” ikido Nenabozho imaa miiginaad onow nibwaakaaminensan gaa-izhi-miinaad bezhig owiijanishinaaben – a’aw waa-kikinoo’amawind. “Daga zhakamon abezhig,” ikido Nenabozho. “Ahaaw.” Owiijanishinaaben gaa-izhi-zhakamod bezhig. “Ishte,” ikido owiijanishinaaben, “Gaawiin aawaasinoon nibwaakaaminensan. Waaboozoo-moowensan gosha.” “Enh. Enh,” ikido Nenabozho, “Miish ow gaye giin nibwaakaayan.” (Then they went off there in the bush. While they were walking along, Nenabozho finds this rabbit trail. “I get the smart berries right there,” Nenabozho says there as he gives away the smart berries, giving one to his fellow Indian–the one who was going to be taught a lesson. “Put one in your mouth,” says Nenabozho. “Okay.” His fellow Indian put one [in] his mouth. “Ishte,” says his fellow Indian, “These aren’t smart berries. These are damned rabbit tirds.” “Yes. Yes,” says Nenabozho, “Then you’re getting smart yourself.”)
As we reflect on this story, in the context of the development and implementation of Tribal constitutions, Tribal Nations must ask themselves whether the federal government was playing a trick on Tribal Nations by imposing the Indian Reorganization Act (IRA) and its corresponding constitutions and Anglo-American governing principles upon Indian country. Are these documents and corresponding governing principles actually “shit,” dressed up as “smart berries” under the guise of making Tribal Nations “wise” in the image of Anglo-American law? Ninety years after the enactment of the IRA, it is time Tribal Nations become wise and return to traditional constitutional principles based on Tribal customary law and unwritten, ancient Tribal constitutions.