Tag Archives: Native American Studies

Indigenous Law and Public Policy, Spring 2023

I have not taught one of my two favorite courses in person in quite a while. I was on sabbatical last spring, and I taught an online version in the Spring of 2021. I have posted the syllabus here to share recent updates to the course, but also to solicit suggestions and advice. I would like to broaden the focus, or develop a similar course that explores similar issues as they are discussed and analyzed in Australia, Canada, and New Zealand. Before the pandemic, I was well advanced in planning a study-abroad course for Sydney that would allow students and me to learn on the ground in Australia. Please, feel free to share your expertise. I would love to hear your thoughts. I apologize in advance for any gloopiness in the formatting: copying the Word File into this website makes for some awkward transfers some times.

History 262    Indigenous Law and Public Policy               Spring 2023

Professor: Michael Oberg

Meetings:   MW, 8:30-10:10, Welles 131

Office Hours:  Wednesday, 10:15-12:00, Doty 208

Roughly every week or so I post to my blog on matters related to the teaching and writing of Native American history.  You are welcome to follow along.

Required Readings:

Stuart Banner, How the Indians Lost Their Land: Law and Power on the Frontier, (2005)

Daniel Cobb, Say We Are Nations: Documents of Politics and Protest in Indigenous America since 1887, (2015).

Sarah Deer, The Beginning and End of Rape: Confronting Sexual Violence in Native America, (2015)

Luke Lassiter, Clyde Ellis, and Ralph Kotay, The Jesus Road: Kiowas, Christianity, and Indian Hymns, (Lincoln: University of Nebraska Press, 2002)

Readings online.

News Articles in online news sources like indianz.com and other online sources.

Court cases and documents as per syllabus.

Recommended Podcasts and other media:

            Wind River (Motion Picture)

            This Land, Seasons 1 and 2.

            Missing and Murdered: Finding Cleo.

            Stolen: Surviving St. Michael’s

            Stolen: The Search for Jermaine

            5-4: Oklahoma v. Castro-Huerta

            5-4: Adoptive Couple v. Baby Girl

Course Description:   This course will provide you with an overview of the concept of American Indian tribal sovereignty, nationhood, and the many ways in which discussions of sovereignty and right influence the status of American Indian nations.  We will look at the historical development and evolution of the concept of sovereignty, the understandings of sovereignty held by native peoples, and how non-Indians have confronted assertions of sovereignty from native peoples.  We will also examine current conditions in Native America, and look at the historical development of the challenges facing native peoples and native nations in the 21st century.  This course is required for the Native American Studies Minor, and counts for the following Core attributes:

                        Diversity, Equity, Inclusion

                        Diversity, Pluralism, Power

                        Humanities

A Note on Grading:  Your work this semester will consist of Participation, Journals, and a Final Paper.

1). Participation is much more than attendance. I view my courses fundamentally as extended conversations and these conversations can only succeed when each person pulls his or her share of the load.  You should plan to show up for class with the reading not just “done” but understood; you should plan not just to “talk” but to engage critically and constructively with your classmates.  Our conversations will depend on your thoughtful inquiry and respectful exchange.  We are all here to learn, and I encourage you to join in the discussion with this in mind.  Obviously, you must be present to participate. Please have all assigned readings available when we meet. The reading load in this course is quite heavy. It will challenge you to keep up. If you have trouble with the reading, please let me know.  You obviously will be able to participate in classes with the most success when you complete the reading.

2). Journals: On seven occasions during the semester I will read your journals.  I want you to think about what you are reading and I want you to write about that experience. You will submit your journals on Brightspace. You should plan on writing a minimum of 300 words a week. DO NOT SUMMARIZE OUR CLASS DISCUSSIONS.  DO NOT SUMMARIZE THE READINGS. I hope you will take this assignment as an opportunity to reflect upon what you are reading in class and in terms of current events, to discuss the things you wish that we had a chance to discuss in class, or to say what you wanted to say during one of our class meetings.  Show me that you are thinking about the material we cover in our readings and in the classroom.  Show me that you are keeping up with current events in Indian Country. Use the journals as an opportunity to educate yourself on issues in Native America that matter to you. Read the news on INDIANZ.COM,  National Native News, Native News Online, Indian Country Today, and CBC Indigenous for Canada, and the National Indigenous Times for Australia. I will also tweet out stories that I find of interest under the hashtag #HIST262MLO.  In addition, I would like you to follow news on one Native Nation.  You can set up a news alert on Google News, and stories will appear in your inbox whenever they occur. You can find a list of federally recognized Indian Nations here.  Some Indigenous nations receive more coverage than others.

Final Paper: Your paper should be approximately 15 pages in length.  You will take the role of an adviser to a new President.  Your assignment is to advise this President on Indian policy.  In your paper you will do the following:

1). Identify what you see as a major problem or problems in Native America today that you believe the President should tackle during her or his administration.

2). Explain briefly the historical origins of this problem and how and why previous solutions have either failed to address it or ignored it entirely.

3. Offer a thoughtful, plausible, and realistic path towards solving this problem, and       justify it legally and constitutionally.

4. Have at least 30 sources in a thorough bibliography that includes each of the following: news articles, government documents, reports from agencies working with indigenous peoples, and works by scholars who study these issues published in academic journals and books.

5. Format the paper according to the guidelines spelled out in the Turabian Manual. Write the paper with careful attention to grammar, style and substance.     

With any of these assignments, I encourage you to visit with me during office hours if you have any questions.  You should be clear on what I expect from you before you complete an assignment.  The door is open.  If you cannot make it to my office hours, please feel free to contact me by email and we will find another time. Many questions can be answered and problems addressed more effectively in person during office hours than by email.

I will write extensive comments on your written work.  I will ask you challenging questions, offer what I hope you will view as constructive criticism, and encourage you to push yourself as a writer and a thinker. But I will not give you grades, in the traditional sense, on this work. I want you to benefit from this course. On the date of our first class meeting, we will discuss the standards for the class.  You and I will work together to arrive at a set of expectations for the sort of work that will earn a specific grade.   In your final journal, and in individual meetings scheduled during Finals Week, we will discuss how well you think you did in meeting the agreed upon standards, and what your grade for the course ought to be. A proposed grading framework can be found, below.

A Note on COVID-19: We will be working together during a continuing global pandemic. Though the pandemic has slowed considerably, there is still reason to be careful. These remain trying times.  That you may feel stressed and anxious over the course of the semester is not surprising at all.  Your health is important.  The health of the people who matter to you is important. If the pandemic is posing a challenge to you doing the assigned work, please feel free to let me know.  I encourage you to ask for help if you need it. Stay in touch.

A Note on Phones: I ask that all cellphones be stored during the entirety of our class meeting.  If you expect an important call that just cannot wait, please inform me before class. Otherwise, I expect you to refrain from using your cellphone and I expect you to keep it out of sight. Please be present in mind and body.

Discussion and Reading Schedule

25 January       Introduction to the Course

The United Nations Declaration of the Rights of Indigenous Peoples

Banner, How, Introduction, Chapter 1; The United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP).    

30 January       Native Nations in the United States

                        How to Read a Supreme Court Case

Reading: Articles of Confederation, Article IX; United States Constitution; Northwest Ordinance  (1787); Federal Trade and Intercourse Act (1790); Treaty of Canandaigua (1794); Banner, How, Chapters 1-3

1 February       The Marshall Court and the Definition of Native Nations

Reading: Johnson v. McIntosh (1823); Banner, How, Chapters 4 and 5. If you are interested in a comparative perspective, I encourage you to look at Stuart Banner’s article, “Why Terra Nullius? Anthropology and Property Law in Early Australia,” Law and History Review, 23 (Spring 2005), 95-131, available on Brightspace.

6 February       The Expulsion Era

Reading: Documents on Jacksonian Indian policy (Brightspace); Cherokee Nation v. Georgia (1831); Samuel A. Worcester v. State of Georgia, (1832); Banner, How, Chapter 6.

Journal 1 Due.

 8 February      The Reservation System

Reading: Ex Parte Crow Dog; Major Crimes Act (1885) and US v. Kagama  (1886); Banner, How, Chapter 7.

13 February     The Policy of Allotment

Reading: Cobb, Nations, pp. 19-49; Banner, How, Chapter 8;Talton v. Mayes (1896); Lone Wolf v. Hitchcock (1903); United States v. Celestine (1909)

15 February     The Indian New Deal

Reading: Reading: Cobb, Nations, pp. 54-93; Banner,  How, (finish book) and the Indian Reorganization Act,  1934.

20 February     The Termination Era

Reading: Cobb, Nations, pp. 97-106, 115-123; HCR 108; Tee-Hit-Ton Indians v. United States (1955).

Journal 2 Due

22 February     Williams v. Lee and the Modern Era of American Indian Tribal Sovereignty

Reading: Williams v. Lee (1959); Native American Church v. Navajo Tribal  Council (1959).

27 February     The Era of Self-Determination

Reading: McClanahan v. Arizona Tax Commission, (1973); Morton v. Mancari (1974).

 1 March          Red Power

Reading: Cobb, Nations, 124-188

 6 March          The Supreme Court’s 1978 Term, Congress and Tribal Sovereignty

Reading: US. v. Wheeler (1978); Santa Clara Pueblo v. Martinez (1978); Oliphant v. Suquamish Indian Tribe (1978); Legislative Packet (Brightspace)

Journal 3 Due.

8 March           The Power of Tribal Governments

Reading: Merrion v. Jicarilla Apache Tribe (1982); Duro v. Reina, (1990); Atkinson Trading Company v. Shirley (2001); US v. Lara (2004)

20 March         The War on Native American Children and Families

Reading:  Adoptive Couple v Baby Girl (2013) (this was a messy case, with two concurring and two dissenting opinions); 5-4 Podcast on the Adoptive Couple case; Margaret Jacobs, “Remembering the ‘Forgotten Child’: The American Indian Child Welfare Crisis of the 1960s and 1970s,” American Indian Quarterly 37 (Winter/Spring 2013), 136-159 (Brightspace); Olivia Stefanovich, “2023 Will Be a Pivotal Year for Indigenous Child Welfare on Both Sides of the Border,” CBC News, 2 January 2023. The Cherokee Phoenix produced its own 42-minute long breakdown of the case, if you are interested in Native American reactions to Brackeen.

This would be a good time to listen to Season 2 of the “This Land” podcast hosted by Rebecca Nagel

Journal 4 Due

22 March         Jurisdiction and Sovereignty in the 21st Century

Reading: McGirt v. Oklahoma (2020); Oklahoma v. Castro-Huerta, (2022). Listen to 5-4 Podcast episode on the Castro-Huerta decision.

27 March         Sexual Violence in Indian Country

Reading: Deer, Rape.  We will discuss the book in its entirety.  You will want to begin reading

29 March         #MMIW #MMIWG

Reading:  Watch this advertisement from the Native Women’s Wilderness, and this one from the United States Office of Justice Programs/Office for Victims of Crimes; Absorb as much of the following as you can: Missing and Murdered Indigenous Women & Girls, (Seattle: Urban Indian Health Institute, 2017); a PBS NewsHour report featuring Abigail HenHawk, who oversaw the Urban Indian Health Institute report; National Inquiry into Missing and Murdered Indigenous Women and Girls.  (Explore the website, read the summary of the 2019 Final Report); the report from the Trump Administration’s “Operation Lady Justice”; and President Biden’s Executive Order 14053 from November of 2021.

Search on Twitter using the hashtags #MMIW and #MMIWG.  The podcast on the disappearance of Jermain Charlo would fit well here. Give it a listen.

3 April              Issues in American Indian Religion: Christianity in Indian Country

Reading: Lassiter, Ellis and Kotay, The Jesus Road, (entire book).

5 April             Issues in American Indian Religion 

Reading: Employment Division, Department of Human Resources of Oregon v. Smith (1990); Lyng v. Northwest Cemetery Protective Association (1988).  Please watch on your own “The Silence,” a PBS documentary on one small Catholic Church in Alaska.

                        Journal 5 Due

10 April           Issues in American Indian Education: Boarding Schools and their Legacy

Reading:  Gord Downie, “The Secret Path.”  I would also like you to go to the Carlisle Indian Industrial School online project.  You can find the website here.  Your assignment is, first, to read Louise NoHeart’s student file (Brightspace) and then to read a minimum of at least 5 student files from the Indigenous Nation you have been following this semester (or a related Nation)(Ask for help if you are not clear on how to do this!) In general, for each student there is an information card and a student file. Read both of those and search for the student’s name in the newspapers and other documents.  What do you learn about those students’ experiences at Carlisle? Be prepared to discuss what you found.

Please spend some time as well with the ArcGIS project from the University of Windsor looking at Canadian Residential Schools and this nine-minute report by Amy Goodman of Democracy Now!

12 April           Mascots and Other Forms of Appropriation

Reading: Materials on the Andrea Smith case; Russell Cobb, “Why Do So Many People Pretend to be Native American,” This Land Press, (August 2014), available here; Audra Simpson, “Indigenous Identity Theft Must Stop,” Boston Globe, November 17, 2022.

17 April           Economic Development and Poverty in Indian Country

 Reading: California v. Cabazon Band of Mission Indians (1987); National Indian Gaming Commission (NIGC) website.

                        Journal 6 Due

19 April           The Land and its Loss: The Consequences of Dispossession and Environmental Degradation

Reading: City of Sherrill v. Oneida Indian Nation (2005); Stephanie H. Barclay and Michalyn Steele, “Rethinking Protections for Indigenous Sacred Sites,” Harvard Law Review, (forthcoming, on Brightspace).

24 April           Resistance: IDLA to Red Lives Matter, Idle No More

Reading: Watch Film: “You Are On Indian Land;” Cobb, Nations, 203-250;

Lakota Law Project, Native Lives Matter; Jonah Raskin, “Red Lives Matter,” Tablet Magazine, October 10, 2021. You can also read my report about the death or Reynold High Pine in 1972; Jason Pero in Wisconsin and Colten Boushie in 2018; Please also look at the Idle No More website and read about this Canadian movement.

26 April           GREAT DAY—NO CLASSES: Possible Guest Will Visit our Campus and Our Class.

1 May              Health and Well-Being in Native America

Reading: Indian Health Service, “Disparities,” Updated October 2019; Linda Poon, “How ‘Indian Relocation’ Created a Public Health Crisis,” Citylab, 2 December 2019; Mohan B. Kumar and Michael Tjepkema, “Suicide Among First Nations people, Métis and Inuit, 2011-2016),” Statistics Canada, 28 June 2019; Rural Tribal Health Overview, May 2022; Prabir Mandal and Jarett E. Raade, “Major Health Issues of American Indians,” 28 June 2018

3 May              What Is To Be Done?

Reading: Read the Preface, Introduction, and Calls to Action in the Truth and Reconciliation Commission Report from Canada, 2015, entitled Honouring the Past, Reconciling for the Future (read only the introduction, and whatever else interests you, in Brightspace) and “Calls to Action and Accountability: A Status Update on Reconciliation” by Eva Jewell and Ian Mosby of the Yellowhead Institute, (2019). 

Final Paper Due

8 May           What is to be Done? (Continued)

 Reading: Harold Napoleon, Yuuyarq: The Way of the Human Being, (Fairbanks: Alaska Native Knowledge Network, 1996).

                      Journal 7 Due

10 May            Final Class Meeting

17 May            Final Exam Period, 8:00-11:20: Individual Discussions to consider your final grade.

What You Need To Read, March 2022

Here is your latest quarterly bibliography in Native American and Indigenous History. It has been a busy and distressing first few months of 2022. I am sure I have forgotten or overlooked some important works, so please reach out and let me know what I may have missed. I hope you find this helpful. Stay in touch and stay safe.

Barnes, Chief Benjamin J. and Stephen Warren, Replanting Cultures: Community-Engaged Scholarship in Indian Country, (Albany: SUNY Press, 2022).

Beck, Paul N. Inkpaduta: Dakota Leader, (Norman: University of Oklahoma Press, 2022).

Bennett, Cheryl Redhorse. Our Fight Has Just Begun: Hate Crimes and Justice in Native America, (Tucson: University of Arizona Press, 2022).

Berthelette, Scott. “‘Les Scioux n’etoient bons qu’a manger’: La Colle and the Anishinaabeg-Dakota War, 1730-1742,” Ethnohistory 69 (January 2022), 1-27.

Bigart, Robert J. Providing for the People: Economic Change among the Salish and Kootenai Indians, 1875-1910, (Norman: University of Oklahoma Press, 2022).

Blansett, Kent, Cathleen Cahill and Andrew Needham, eds., Indian Cities: Histories of Indigenous Urbanization, (Norman: University of Oklahoma Press, 2022).

Braund, Kathleen Holland, ed. The Attention of a Traveler: Essays on William Bartram’s ‘Travels’ and Legacy, (Tuscaloosa: University of Alabama Press, 2022).

Bruyneel, Kevin. Settler Memory: The Disavowal of Indigeneity and the Politics of Race in the United States, (Chapel Hill: University of North Carolina Press, 2021)

Castaneda, Terri A. Marie Mason Potts: The Lettered Life of a California Indian Activist, (Norman: University of Oklahoma Press, 2022).

Conrad, Paul. The Apache Diaspora: Four Centuries of Displacement and Survival, (Philadelphia: University of Pennsylvania Press, 2021).

Dennis, Matthew. “‘Ours from the Top to the Very Bottom’: Seneca Land, Colonial Development, Proto-Conservation, and Resistance in the Early American Republic,” American Indian Culture and Research Journal 44 (no. 1, 2020).

Feller, Laura Janet. Being Indigenous in Jim Crow Virginia: Powhatan People and the Color Line, (Norman: University of Oklahoma Press, 2022).

Greene, Lance. Their Determination to Remain: A Cherokee Community’s Resistance to the Trail of Tears in North Carolina, (Tuscaloosa: University of Alabama Press, 2022).

Haake, Claudia Bettina. “A Duty to Protect and Respect: Seneca Opposition to Incorporation During the Removal Period,” American Indian Culture and Research Journal 44 (no. 4, 2020), 21-40.

Heninge, David. Numbers from Nowhere: The American Indian Population Debate, (Norman: University of Oklahoma Press, 2022).

Hodge, Adam R. “Tradition, Sovereignty, and Conservation: The Controversy Surrounding the Wind River Indian Reservation Game Code,” Western Historical Quarterly 63 (Winter 2021), 369-391.

Hugill, David. Settler Colonial City: Racism and Inequity in Postwar Minneapolis, (Minneapolis: University of Minnesota Press, 2021).

Hunter, Douglas. The Place of Stone: Dighton Rock and the Erasure of America’s Indigenous Past (Chapel Hill: University of North Carolina Press, 2021).

Isaacs, Sandra Muse. Eastern Cherokee Stories: A Living Oral Tradition and its Cultural Continuance, (Norman: University of Oklahoma Press, 2022).

Margaret Jacobs. After One Hundred Winters: In Search of Reconciliation on America’s Stolen Lands, (Princeton: Princeton University Press, 2021).

Jones, David S. Rationalizing Epidemics: Meanings and Uses of American Indian Mortality Since 1600, (Cambridge, MA: Harvard University Press, 2022).

Jurss, Jacob. “Relations Across the Lands: Ojibwe and Dakota Interactions in the Indigenous Borderlands of the Western Great Lakes,” American Indian Quarterly, 45 (Fall 2021), 307-335.

Justice, Daniel Heath and Jean M. O’Brien, eds., Allotment Stories: Indigenous Land Relations Under Settler Siege, (Minneapolis: University of Minnesota Press, 2021).

Kelton, Paul. “Pandemic Injustice: Irish Immigrant, Enslaved African American, and Choctaw Experiences with Cholera in 1832,” Journal of Southern History 88 (February 2022), 73-110.

Kramer, Erin. “‘That She Shall Be Forever Banished from this Country’: Alcohol, Sovereignty, and Social Segregation in New Netherland,” Early American Studies, 20 (Winter 2022), 3-42.

LaPier, Rosalyn. “Ella Mad Plume Yellow Wolf: Photographs by a Native American Woman in the Early 1940s,” Montana: The Magazine of Western History 71 (Winter 2021), 25-41.

LaPointe, Sasha taqwseblu. Red Paint: The Ancestral Autobiography of a Coast Salish Punk, (Berkeley: Counterpoint, 2022).

Lewis, Bonnie Sue. Creating Christian Indians: Native Clergy in the Presbyterian Church, (Norman: University of Oklahoma Press, 2022).

Marsh, Dawn. “The Coming Out Place,” Indiana Magazine of HIstory 118 (March 2022), 1-40.

Meadows, William C. Kiowa Military Societies: Ethnohistory and Ritual, (Norman: University of Oklahoma Press, 2022).

Meadows, William C. “Kiowa at the Battle of Washita, 27 November 1868,” Ethnohistory 68 (October 2021), 519-545.

Meyer, Sabine. Native Removal Writing: Narratives of Peoplehood, Politics and Law, (Norman: University of Oklahoma Press, 2022).

Millett, Nathaniel. “Law, Lineage, Gender, and the Lives of Enslaved Indigenous People on the Edge of the Nineteenth-Century Caribbean,” William and Mary Quarterly 78 (October 2021), 687-720.

Morrow, Julie. “Adapting Against Assimilation: Recovering Anishinaabe Student Writings from Carlisle Indian School Periodicals, 1904-1918,” Australasian Journal of American Studies 40 (December 2021), 71-102.

Nelson, John William. “Sigenauk’s War of Independence: Anishinaabe Resurgence and the Making of Indigenous Authority in the Borderlands of Revolution,” William and Mary Quarterly 78 (October 2021), 653-686,

Nielsen, Marianne O. and Barbara M. Heather, Finding Right Relations: Quakers, Native Americans and Settler Colonialism, (Tucson: University of Arizona Press, 2022).

Pigeon, Emilie and Carolyn Podruchny, “Bannock Diplomacy: How Metis Women Fought Battles and Made Peace in North Dakota, 1850s-1870s,” Ethnohistory 69 (January 2022), 29-52.

Richwine, Lindsay. “Comity at the Crossroads: How Friendships Between Moravian and Native Women Sustained the Moravian Mission at Shamokin, 1714-1755,” Pennsylvania History, 89 (Winter 2022), 1-29.

Rizzo-Martinez. Martin. We Are Not Animals: Indigenous Politics of Survival, Rebellion, and Reconstitution in Nineteenth-Century California, (Lincoln: University of Nebraska Press, 2022).

Roberts, Alaina E. I’ve Been Here All The While: Black Freedom on Native Land, (Philadelphia: University of Pennsylvania Press, 2021).

Simpson, Leanne Betasamosake. As We Have Always Done: Indigenous Freedom Through Radical Resistance, (Minneapolis: University of Minnesota Press, 2021).

Smiles, Deondre. “Erasing Indigenous History, Then and Now,” Current Events in Historical Perspective, 15 (October 2021), 1-24.

Smithers, Gregory D. Reclaiming Two-Spirits: Sexuality, Spiritual Renewal, and Sovereignty in Native America, (Boston: Beacon Press, 2022).

Snyder, Christina. “Many Removals: Re-Evaluating the Arc of Indigenous Dispossession,” Journal of the Early Republic 41 (Winter 2021), 1-29.

Teuton, Christopher B. Cherokee Earth Dwellers: Stories and Teachings of the Natural World, (Seattle: University of Washington Press, 2022).

Tongkeamha, Henrietta and Raymond Tongkeamha. Stories from Saddle Mountain: Autobiographies of a Kiowa Family, (Lincoln: University of Nebraska Press, 2021).

Williams, Samantha M. Assimilation, Resilience, and Surival: A History of the Stewart Indian School, 1890-1920 (Lincoln: University of Nebraska Press, 2022).

Witgen. Michael John. Seeing Red: Indigenous Land, American Expansion, and the Political Economy of Plunder in North America, (Chapel Hill: University of North Carolina Press, 2022).

Wright, Miller Shores. “Matrilineal Management: How Creek Women and Matrilineages Shaped Distinct Forms of Racialized Slavery in Creek Country at the Turn of the Nineteenth Century,” Journal of Southern History 88 (February 2022), 39-72.

Montana Story, Part I: Erasure

During a cross-country drive last month, we stopped in Billings, Montana, where I lived in the mid-1990s. It was at Montana State University-Billings where I began my career as a professor in the fall of 1994. We drove around the town, looked at the houses where we used to live. It was clear that the city had changed a lot in the more than twenty years since I last had been there.

            I was eager to see the campus. I left my family at the hotel—they all wanted to hang out by the pool—and I drove up 27th Street North to the campus. I struggled to find my bearings. It had been a long time. An addition to the science building had taken over what formerly had been a faculty parking lot. I headed toward the Liberal Arts Building.  My office had been on the eighth floor, I believe, and all the classes I taught were held in that imposing edifice. I spent some time walking around the campus on a quiet Sunday evening.  All the buildings were locked, so I could not go see my old office or the classrooms where I taught.

File:MSUB LA Building.JPG - Wikimedia Commons
More Daunting than Mordor

            Much had changed, so much that I felt a bit lost. Buildings had grown. It seemed like a very different place, and I noticed things I had forgotten over the years, especially the small garden that stands in the shadow of the Liberal Arts Building.  The garden was named after an English professor named Bruce Myers, who had died young—younger than I am now—two years before I arrived in Billings. A centerpiece in the garden was a poem Myers wrote shortly before his death:

“Last Class”

Seeds are floating from the cottonwoods

And the wind is up. All around us

Poets gather on grass the air carries

White puffs. We read each other’s words

Wondering if this as close as we’ll come

To the flight of clouds? Or is this

What flying means—sitting in Spring

Our bodies, full of birds and grass and words,

Wondering as cottonwoods whisper at our ears?

I do not know the word for this vision

This congregation of poet bodies, poet words

Beneath this tree. But last this once

This single sunlit singing afternoon

Love will do.

What a perfect statement of the depth of the joy that teaching can bring.

Where is Cookie?: Remembering: Poet's Garden honors legacy of a fine teacher

            I learned a lot from teaching in Montana. It was the first time in my career where I had significant numbers of Native American students in my classes. They drove in from Crow and from the Northern Cheyenne Reservation. I learned from these students things that put my academic and scholarly concerns in perspective. Many of the debates that dominate the field of Native American Studies and Native American History on college campuses simply do not carry much register in Native American communities on the Northern Plains.

            I learned a lot, but I spent much of my time at Billings trying to find a job someplace else. I was in a deeply dysfunctional department on a struggling campus, where more people left than went up for tenure.  The Dean of the College of Liberal Arts had no respect for what I did and said that whatever research I produced should be “relevant” and “applied.”  I asked her what she thought that meant, and I never really got a good answer, but it was clear that unless she thought it was important and relevant, today, to her, that it would not count for much.  Bruce Myers’ words meant nothing to her.

            I would like to think that things are better in the field of Native American history than they were in the 1990s, and that the field is booming.  A tremendous amount of scholarship is produced each year. Native American history no longer exists on the margins of the field. But the same day I arrived in Billings last month, I read on Twitter of a bill introduced into the Texas legislature by one of the Lone Star Republic’s many East Texas lunatics. He sought, in his effort to combat what he saw as the mortal threat posed by “Critical Race Theory,” to remove from the state’s social studies standards a requirement that students learn about “the history of Native Americans.”  If we do not talk about the bad things, they never happened.

            Erasure.

            When it appears this baldly, it puts our academic and interpretive debates in perspective. We argue about interpretations, evidence, and approaches, and then there are those who could not care less about any of this.  “Cast all this aside,” they seem to say. History must be a celebration of White Christian America’s greatness.  Nothing else matters.

            I began teaching in Montana in 1994. That same semester conservatives worried about the spectre of political correctness.  Lynne Cheney had recently gone on a crusade against the National History Standards.  Liberal professors, she argued, were out to indoctrinate American students, to teach them that America’s story was one of racism, oppression, and greed.  They were teaching “multiculturalism” and emphasizing the bad parts of American history.  It is an old, old, argument, a tried-and-true Conservative tactic to avoid talking about historical moments that challenge their cherished and largely fictional narrative of the American past. Some of my colleagues in the department, too, shared Cheney’s concerns. They attempted, and to my embarrassment succeeded, in making my life miserable because I was newly hired on a tenure-track gig. I made the mistake of caring what these old racists thought. I hold no malice towards them now: they are retired, dead, or out of the academy, and I have spoken to none of them since the Clinton years. But they did not see Native American history as central to the American story.

            I have been at this for thirty years and there always have been people who claim to know something about my line of work that do not want to hear anything that is not a celebration of American greatness. I have friends who find it exhausting, the feeling of always having to justify their work. I am sympathetic. I felt that way during my four years in Montana, before I got out. As I walked around the quiet and empty campus, I realized how much I have changed. I have great faith in the power of teaching still, like Professor Myers, and I can view encounters with those who reject what I do as teachable moments, as opportunities for dialogue and engagement.  I feel like I must.  Of course, there are those who do not want this, and recoil from dialogue, who retreat from any situation in which their cherished notions of the past are called into question.  I have no control over that. So I work to keep my mind open, to exclude no one, to keep working with Indigenous communities, as I have done for the past 23 years, and to keep trying to produce scholarship as well. Doing good work in this field means trying to get it in front of as many eyes and into as many ears as possible.

            I learned from my time in Billings that in academia, as in so many other things, one must learn to accept that there are things beyond our control.  Accepting that brutal fact will help you sleep at night. The job market in higher education is, well, not much of a market at all.  Administrators can be cruel or obtuse, colleagues selfish and petty, and students, sometimes, just are not able to care.  There are those out there who reject everything we do without reading a word of what we write or listening to a word of what we say. Some of them are open to reason. You can engage with them.  But others will not listen no matter what you say.  Why let those people get to you?

            I do my work. I teach classes. I do service, on campus and off. I am fortunate to be able to work with, for, and in Indigenous communities. I write books and articles, knowing full well that more people will read this post on my obscure little blog than anything that appears in a scholarly journal.

            The first time an English-speaking writer put pen to paper to try to understand the Native American past and the Native American present on its own terms, there were English-speaking readers who not only rejected this work, but actively tried to discredit the author. Some tried to keep others from reading that author’s work.  The textbook policing of those little men who crusade against CRT—they are nothing new. Their assault on higher education, against free inquiry of any kind—may seem like a pernicious and unprecedented threat. It is not unprecedented at all. Remember what the anti-racists say. The rot is deep, and it goes to the core. It is fundamental. There have always been white loudmouths crying “Patriotism” and “Love of Country” and “MAGA!” as wittingly or unwittingly they seek to exclude, marginalize, and erase.

            Don’t laugh at these people. Don’t ignore them. Have the courage to engage them when the opportunity presents itself (and you absolutely should seek out those opportunities). Ask them questions. Hold their feet to the fire. Accept that this may be frustrating. They may be too fragile to engage you in dialogue. And that is the way it always has been. Take care of yourself, but do not give up and do not retreat. Peace.