Law professor interviewed on Indian 'state'

Professor Robert Clinton, of the Sandra Day O'Connor College of Law's Indian Legal Program, was interviewed recently by 12 News on a proposal to create a virtual "state" for Native Americans.

The story, by 12 News' Andy Harvey, outlines a proposal by Navajo Mark Charles that  would allow the nearly 4 million people in 500 federally recognized tribes to have their own electoral votes and Congressional seats.

Clinton said that creating a new state is not a new idea, and that there were similar discussions by the federal government in the 19th century.

"There were proposals for an Indian state in the Indian territory, but that never happened," said Clinton, who serves on several tribal courts and teaches and writes about federal Indian law, tribal law, and Native American history.

He called the current idea a long shot.

"Essentially the state can't be carved out of existing states and all of the Indian reservations now are in existing states," Clinton said.

Today, it would take approval of state lawmakers to allow such a state to be formed, but Clinton thinks this would never happen.

"This is one of those ideas that was a terrific idea before the states were admitted. Once they were admitted because of that provision it becomes constitutionally almost impossible to accomplish," Clinton said.

Judy Nichols, [email protected]
(480) 727-7895
Sandra Day O’Connor College of Law