Donald Trump’s Pocahontas Problem

It is difficult to keep up with the sheer quantity of daily news generated by the new administration, but I wrote the following piece after Donald Trump, once again, referred to his principal critic, Senator Elizabeth Warren of Massachusetts, as Pocahontas.  The day after this news broke, I asked my students what they thought of it.  These are bright kids, engaged, and they believed quite strongly that Trump’s behavior was inappropriate, and juvenile.  Many of them volunteered that this sort of name-calling was racist.  When I asked them why, however, I felt that they struggled to provide an answer. They knew it was wrong, but had difficulty pin-pointing why.  This essay summarizes my explanation.

 

While Massachusetts Senator Elizabeth Warren’s claims to Native American identity certainly can be called into question, President Trump’s choice to deride her as “Pocahontas,” during the campaign and in a meeting  with Democratic lawmakers, goes too far.  Warren said she learned of her Cherokee ancestry through “family stories,” but she has not produced any evidence.  Still, Al Franken, Warren’s colleague in the Senate and a member of the Indian Affairs Committee, called Trump’s actions racist. He’s right. Here’s why.

            Trump’s recent name-calling is of a piece with his testimony before Congress in 1993, when he cast aspersions on the Connecticut tribes who then were opening up casinos that could compete with his own. “They don’t look like Indians to me,” Trump said.

            For President Trump, it seems, Native American identity can be determined by a quick glance.  He looked for certain characteristics and did not see them in the Pequots, or in Senator Warren. Centuries of intermarriage, enslavement, and the complex, messy, and tangled history of native peoples mattered in his determination not a bit.  For him, native peoples were individuals with certain easily distinguished racial features, and not members of political entities that possessed an inherent but limited sovereignty that predated the creation of the United States.

            But here’s the thing. Too many Americans share Trump’s views about who Indians are and what they ought to be.  Too many Americans view Indians as part of the past.  Think about the most commonly held stereotypes about Native Americans:  What images enter your mind? Ask your friends what they think. Chances are a lot of those images come from the past.

            And when we speak of Native Americans as being part of the past, we are aiding in an ongoing colonial project which erases native peoples in the present.  And if they are viewed as part of the past, or inauthentic, it becomes easier to dismiss the legitimacy of Native Americans, as individuals and as members of semi-sovereign nations, as being out of time and place and, as a consequence, irrelevant.  It becomes easier to ignore the very real problems of inequality and injustice in Indian Country; it becomes permissible to cheer for a football team with a racist name; or to silently assent to a President’s decision to authorize a pipeline through lands that a Native American community deems sacred. It also makes it possible to call into question the sovereign right of native nations to develop their economies, protect their lands, and against immense odds preserve their cultures.   When the President casts Indians as part of the past, he makes it more difficult for many Americans to recognize the importance of native peoples’ calls for justice today.

The Winters Doctrine and Dakota Access

After class a couple of weeks ago, one of my students asked me why the Winters decision had not played a larger role in the Water Protectors’ efforts to defeat the Dakota Access Pipeline. The students had read Winters v. US (1908) and they had been following closely developments at Standing Rock in their current events reading.

I have been teaching college history for a long time, but I am still reminded quite often how much there is that I do not know. My very best students frequently drive me back to the piles of books in my office, or to the library, or to the wonderful world of resources available online.  Sometimes their questions force me to ask my friends—historians, anthropologists, and, in this instance, lawyers—for guidance.  I learn a lot through teaching.  It is why I am so happy and feel myself so fortunate to be at Geneseo.

Winters, as Charles Carvell noted in an extremely useful article that appeared in the North Dakota Law Review, is quite simply a phenomenal ruling. “It occurred at a time,” Carvell writes, “when Indians wars were not distant memories and when federal Indian policy was      not to promote or even protect Indian interests but to break apart tribal communities and assimilate Indians into white society.” This was, Carvell continues, the era of Allotment, and of boarding schools—a full court press against native peoples and their cultures.   “The decision occurred at a time when the disappearance of ‘the Indian’ and Indian tribes was thought to be at hand.  It was issued a few years after Lone Wolf v. Hitchcock,” the 1903 decision that recognized the plenary power of Congress over Indian affairs and the ability of Congress, unilaterally and regardless of context, to abrogate an Indian treaty.  Winters was litigated as settlers crossed the Plains in droves. Still, “despite the milieu in which it was litigated, the Winters decision protected tribal interests.”

How did it do that? The Court held that when Congress established an Indian reservation, it established as well a right to the water necessary for that reservation to achieve its purposes.  Since one of the stated goals of the reservation policy involved leading native peoples towards what the federal government and many reformers considered a civilized way of life—and in this instance the native peoples in question were the Gros Ventre and Assiniboine communities residing near the Milk River on the Fort Belknap Reservation—that meant guaranteeing them the water they needed to undertake stock-raising and agriculture.  Thus the Winters Doctrine. Settlers upriver had diverted waters from the Milk River and this, the Court held, was unlawful.

So at the very time that Congress was seeking to dispossess native peoples and eradicate their culture, the Court, in this quirky case, recognized that these reservations had a claim to water superior to that of the settlers who coveted this vital resource.

Water is essential on the plains.  As the Water Protectors have asserted, “water is life,” and in their view, the Dakota Access Pipeline jeopardized waters flowing through the reservation.  As early as 1976, according to Carvell, the Standing Rock Sioux Tribe asserted that it controlled water and other natural resources on its reservation. The Standing Rock Sioux that year began demanding that all users of water obtain the approval of the tribal government.

And the Standing Rock Sioux have not only stated that they have control over their waters, but they have acted on their words. “They have developed on-reservation water resources, and reject any notion that in doing so they are subject to state regulatory authority. They have developed,” Carvell continues, “irrigation projects and water for domestic, municipal, and government purposes.”

Standing Rock, in other words, has asserted that its reservation was established as a permanent homeland and, as a result, that it “is entitled to use all water necessary to make itself economically self-sufficient, and because what is necessary to ensure self-sufficiency is never stated the tribe’s water right is ‘inherently unquantifiable.’” The scope of their claim is immense, extending to “the full spectrum of uses necessary to the ‘arts of civilization.’”

It is not difficult to imagine that an oil spill or a pipeline break upriver would threaten these water resources. Pipelines break. They leak. Oil spills.  It has happened in the vicinity of the Dakota Access in recent months. It is obvious that these accidents would threaten tribal water resources.  But North Dakota is unique in terms of western water law. The amount of water to which tribes in North Dakota are entitled has never been quantified, and as a result, one might argue that the Winters doctrine has, strictly speaking, never been applied to Standing Rock and other reservations in the state.

The efforts of the Water Protectors and their lawyers to obtain restraining orders to prevent the completion of the Dakota Access pipeline did not address these issues.  Nor have treaty guarantees and other matters received a full airing in court.  Needless to say, if the Dakota Access Pipeline is completed, and it is beginning to look like that is what is going to happen, many of the most pressing historical and legal question will not have received a full hearing.  And that, along with President Trump’s determination to undermine the Environmental Impact review, makes this episode even more disappointing and unfortunate than it otherwise might have been.

The Case for Civic Engagement

I published an opinion piece in the Rochester Democrat and Chronicle today, “The Case for Civic Education.”  I argued that one possible explanation as to why so many of Donald Trump’s supporters have accepted his trampling upon the Constitution is because too many Americans are unfamiliar with the country’s basic institutions, its history, and what the Constitution says.

I believe strongly that historians, and other academics, should engage the public.  We should write in defense of our disciplines.  We should advocate for our disciplines.  We should preach from the highest hills that history education, and education in the liberal arts and humanities generally, is vital to the functioning of a democratic republic because it equips citizens to participate in a mature, reasoned, and constructive manner.

The essay has drawn a bit of fire, but not nearly as much as I would have liked. I want to argue about these issues, and I want to have a debate.  So I will write.  It is the best way I know to engage with a broader public, to at least provoke some thought.

Alas, the D&C wants its opinion pieces short, 450 words, so there is not a lot of room to elaborate.  And for inexplicable reasons, the editorial staff decided to cut out the opening paragraph to the essay, despite the fact that I submitted a piece that came in below their word limit.  Maybe that opening was a bit inflammatory, but I do not think so.  The actual essay reads as follows:

 

A large minority of the voters who cast ballots last November chose Donald Trump to be their president, a choice endorsed and approved by the Electoral College, that antidemocratic anachronism designed to ensure that slaveholders controlled the national government.

            You have read in these pages many explanations for Trump’s unexpected victory. I would like to add another.  A significant number of voters cast their ballots for a bullying narcissist with little knowledge and less respect for American constitutionalism because they simply do not know enough about the Constitution, America’s political institutions, and the nation’s long struggle, in the Founders’ words, to “form a more perfect union.”  They can excuse Trump trampling over the Constitution because they do not know what the Constitution says.

            Let’s face it: despite a nationwide commitment to standardized testing, the social sciences, humanities, and liberal arts have been under attack.  We need “more plumbers and less philosophers,” said Marco Rubio during his brief quixotic run for the presidency.  The Lieutenant-Governor of Kentucky urged students not to study history but, instead, to focus upon something useful. Even Governor Cuomo, in his otherwise laudable proposal to provide tuition-free access to SUNY schools, promoted the program as a way for the state to produce more skilled workers, not informed citizens equipped to participate in American democracy in a meaningful and constructive manner.

            Education in history and the liberal arts, however, produces citizens capable of asking the tough questions and looking for answers in all their complexity.  They do not settle for simple solutions and pat answers. They know how to question assumptions, and demand evidence.  Civic education leads to responsible and mature civic engagement. Little wonder, then, that these fields of study are devalued and dismissed.

            Less than a third of Americans last year could identify all three branches of the federal government.  Another third could not name a single branch.  Many times more Americans can identify all five members of the Simpsons family than the five freedoms protected by the First Amendment. 

            The Founding Fathers argued that a flourishing republic needs citizens capable of displaying the virtue to set aside their narrow self-interest and petty fears and jealousies in order to pursue the common good.  They argued that citizens must be independent, informed, and active. An ignorant and quiescent populace, they feared, made fit tools for a tyrant.

            I cannot predict what will happen over the next several months and years. But I have watched the protests. We must do more, I believe, to engage the public, explain how our institutions are supposed to work, and protect them from a presidential administration that threatens the country’s fundamental aspiration of liberty and justice for all.

 

The evidence to support my assertions is not hard to find, and we should consider this evidence closely.  We have our work cut out for us.  Rick Shenkman, for one example, summarized some of the findings of his Just How Stupid Are We at Alternet.  The Annenberg Center for Public Policy in 2014 released a study in 2014 warning about Americans’ lack of basic civic knowledge.  Jason Brennan’s analysis from 2016 in Foreign Policy raises some points worth considering.  And the American Council of Trustees and Alumni found that American college graduates are “alarmingly ignorant of America’s history and heritage.”

This should disturb us all, regardless of the political party which claims our allegiance, regardless of who we voted for in the primaries or the general elections.  These results are a call to action. The challenge will be mustering the courage to answer that call.

I like to write opinion pieces. It is important for us all to bring our expertise to bear on public debates, and to make our voices heard.  Doing so requires a willingness to take some heat, some criticism that can be really, really vicious at times.  In my view, it comes with the territory. I could fume to my friends on Facebook.  I could bitch and whine or yell at the television set.  Better it seems to me is the effort to engage with as large a public as possible, to challenge assumptions, to offer explanations, and to provoke discussions.

 

 

#NoDAPL: Easement Approved

The news is not surprising, but disappointing nonetheless.  Douglas Lamont, the “Senior Official Preforming (sic) the Duties of the Assistant Secretary of the Army” announced that he had called upon the Army Corps of Engineers to end its Environmental Impact Review.  He has asked that his intentions be published in the Federal Register.  The process will move quickly if the Trump Administration has its way, for Lamont told congressional leaders that the Army will “waive its policy to wait 14 days after Congressional notification before granting an easement.”

The legal battle may continue.  There are, of course, the legal fights involving the many people arrested by the army of police protecting the assets of Energy Transfer Partners.  but there is also hope of an injunction. The message here is clear.  If you did not see it before, you can see it now.  The administration of Donald Trump has no interest in consultation with Native American communities as required under the entirely uncontroversial Executive Order 13175 issued by President Bill Clinton in early 2000.  Corporate well-being, a slowly dying fossil fuel industry, and not real people and the lands upon which they live and the water they need to survive, are what is most important to Donald Trump, our Creon, in his morally desiccated vision of the American republic.