The federal budget consists of both mandatory and discretionary spending. Mandatory spending, such as the annual costs of programs like Social Security, Medicare, and Medicaid, is determined by formulas and program eligibility criteria outlined in existing laws.
This brief follows up on the recent AIPI Policy Explainer: Federal Trust Responsibility and Higher Education, which clarified the status of programs supporting American Indian students in higher education in response to recent legal and policy developments by explaining that Federal relationships with Tribal Nations and their citizens/members are based on political distinctions rather than racial classifications.
This explainer clarifies the status of programs supporting American Indian students in higher education in response to recent legal and policy developments. Federal relationships with Tribal Nations and their citizens/members are based on political distinctions rather than racial classifications. The framework outlined in this document reflects the federal government’s unique relationship with and obligations to Tribal Nations.
Legal Framework
The decision in Loper Bright Enterprises v. Raimondo. is just as impactful as the U.S. Supreme Court overturning Roe v. Wade, its ruling on Presidential immunity, or any of the other recent blockbuster decisions. On its face, Loper Bright appeared to be a rather benign case involving commercial fishing vessels and whether private parties had to pay for federal observers on those vessels for purposes of monitoring possible overfishing – a scenario with little relevance to most tribes.
The American Indian Policy Institute’s Indigenous Leadership Academy (ILA) is currently running its second cohort! Sign up here to follow along and receive ILA updates.
On June 29, 2022, the Supreme Court of the United States (SCOTUS) delivered a decision that reverberated throughout all of Indian Country. In the case of Oklahoma v.