Secretarial Review
Encyclopedia
Secretarial Review is a part of the Indian Reorganization Act
of 1934 (IRA). According to this law, Native American
tribes were expected to write constitutions loosely resembling the United States Constitution
. These IRA constitutions provided for a Tribal Council
elected by the population and a chair person for the tribe; the chair person was either elected at-large
, or was chosen from among the members of the Council.
There was generally no provision for a Tribal Judiciary
. In the section of the tribal constitutions pertaining to the powers of the Tribal Council, there was generally a paragraph entitled "Manner of Review" which stated, "[a]ny resolution or ordinance
which by the terms of this Constitution, is subject to review by the Secretary of the Interior
, shall be presented to the Superintendent of the reservation
who shall, within ten days thereafter, approve or disapprove of the same."
As Tribal leaders engage in constitutional reform, the review by the Secretary of Interior is often removed from the constitution.
Indian Reorganization Act
The Indian Reorganization Act of June 18, 1934 the Indian New Deal, was U.S. federal legislation that secured certain rights to Native Americans, including Alaska Natives...
of 1934 (IRA). According to this law, Native American
Native Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
tribes were expected to write constitutions loosely resembling the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. These IRA constitutions provided for a Tribal Council
Tribal Council
A Tribal Council is either: an association of Native American bands in the United States or First Nations governments in Canada, or the governing body for certain tribes within the United States or elsewhere...
elected by the population and a chair person for the tribe; the chair person was either elected at-large
At-Large
At-large is a designation for representative members of a governing body who are elected or appointed to represent the whole membership of the body , rather than a subset of that membership...
, or was chosen from among the members of the Council.
There was generally no provision for a Tribal Judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
. In the section of the tribal constitutions pertaining to the powers of the Tribal Council, there was generally a paragraph entitled "Manner of Review" which stated, "[a]ny resolution or ordinance
Local ordinance
A local ordinance is a law usually found in a municipal code.-United States:In the United States, these laws are enforced locally in addition to state law and federal law.-Japan:...
which by the terms of this Constitution, is subject to review by the Secretary of the Interior
United States Secretary of the Interior
The United States Secretary of the Interior is the head of the United States Department of the Interior.The US Department of the Interior should not be confused with the concept of Ministries of the Interior as used in other countries...
, shall be presented to the Superintendent of the reservation
Indian reservation
An American Indian reservation is an area of land managed by a Native American tribe under the United States Department of the Interior's Bureau of Indian Affairs...
who shall, within ten days thereafter, approve or disapprove of the same."
As Tribal leaders engage in constitutional reform, the review by the Secretary of Interior is often removed from the constitution.