Publication Date



66 p. ; An outstanding student paper selected as a Honors Paper.


This paper explores the effect of the Indian Reorganization Act on the Three Affiliated Tribes: The Mandan, Hidatsa, and Arikara Nations of Fort Berthold, North Dakota. The main purpose of this paper is to invite tribal discussion within the MHA Elders and among the Three Tribes as to whether the TAT should adopt a constitutional form of separation of powers. Part I of this paper begins with the history of the Three Affiliated Tribes. Part II explores the values of separation of powers in the federal constitution. Part III addresses the historical government separation of powers. Part IV demonstrates how federal policy impacts the amount of power that the Tribal government can dispense. Parts V and VI, the heart of the paper, delineate the current separation of powers in the internal government structure and ways in which the values underlying separation of powers could be institutionalized in the Three Affiliated Tribes' Constitution. Part VII addresses the division of power between the IRA government and the civil rights of its People. Part VIII compares the traditional government with the current governmental structure of power. In conclusion, Part IX briefly discusses what changes could be implemented to balance the powers of government and how these changes could be implemented.


University of New Mexico School of Law

Document Type

Student Paper



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.