Indian Reorganization Act I covered the background and provisions of the Act. This article covers its enactment and the short and long-term effects.
After decades of scandalous treatment, embezzlement by government officials, and government-sanctioned land grabs, The Indian Reorganization Act proposed by Commissioner of Indian Affairs John Collier, under Franklin Delano Roosevelt's New Deal stands out as a progressive and far-reaching piece of legislation. However, while benefiting Native Americans in the short-term, with the 20/20 vision of hindsight, some of the long-term effects can be questioned.
Enacting the Indian Reorganization Act
Within a year of its passage by Congress, elections were held on each separate reservation to accept or reject the IRA. Cleverly, John Collier had gotten language into the bill stipulating that the Act was accepted as long as a majority of adults did not vote against it. This got around the issue of "traditional" Indians who saw cooperation of any kind with the federal government as an encroachment on sovereignty. Ultimately a majority of adult Indians on a majority of the existing reservations accepted the IRA--or did not outright reject it--with the significant exceptions of the Crows, the Klamath, and the Navajo, where a majority actually voted and chose to reject it.
Next, tribal constitutions needed to be drafted and accepted. With no background in constitutional government, most tribes relied on model constitutions drafted by the Interior Department. These, of course, had a distinctly Euro-American flavor and, not surprisingly, the majority of tribal constitutions ended up resembling each other and the Constitution of the United States.
Short and Long-term Effects of the Indian Reorganization Act
John Collier's original idea for sweeping legislation to benefit American Indians without a doubt provided some short-term remedies for the wrongs that had been perpetrated since discovery. The long-term benefit of some of these provisions is more questionable.
The IRA staunched the flow of Indian land into non-Indian hands. However, this also continued the trust relationship indefinitely and kept Indian nations
wards of the federal government --perhaps not a bad relationship in the depths of the Depression, but afterward, as others moved forward, Indians were again left behind.
Establishing their own governments realized the ideal of a government-to-government relationship alluded to under the Marshall Trilogy . However, these governments were not always a good fit, sometimes widening the gulf between "traditionals" and "progressives" and leading to oligarchies or challenges to the legitimacy of elected tribal councils.
The major legacy of the Indian Reorganization Act was the incorporation of Indian tribes, allowing them to exist as financial entities. While tribes still operate under financial limitations that states do not, without this provision of the IRA Indian nations could never have entered into gaming or any of the other financial ventures that have allowed some nations to lift themselves from poverty and achieve true self-determination.
Perhaps that is the true legacy of the Indian Reorganization Act.
