It's #DemConvention2020 week. I want to use my feed to highlight some policies/practices the Federal Government should adopt re Indigenous people.

First: Treaties

Too often, Tribes are in a defensive position with respect to treaties - defending assaults on rights (eg McGirt). We rarely see affirmative federal litigation or policy-making to defend tribal rights. The US acts like Indian treaties have only one party to the deal - tribes

The US (and individual States) benefit from tribal treaties to this day. The US remains a party to those agreements - which are "supreme law" under the Constitution. The Fed Govt must implement its obligations.

Tribes should not be alone in bearing this burden

This means:

1. Exec Branch policies and practices to account for tribal treaty interests. Don't make tribes go to Court to assert.

2. Review affirmative treaty obligations, and do those things

3. Bring affirmative litigation to defend existence of treaties

This also means:

4. Ensuring EVERYONE in govt understands treaties touch upon lands and waters far from present-day Reservations.

5. Review and implement unratified Indian treaties where there was tribal reliance (eg. California)

Lastly, Congress and the Judicial Branch cannot escape obligations either. This means:

6. Repeal unconstitutional statute prohibiting treaty-making with Tribes (House can't usurp Senate's role).

7. Appoint Federal judges with Indian law background.