The calculus of american indian consent: the law and economics of tribal constitutions

The article investigates the constitutional choices of American Indian tribes following the Indian Reorganization Act of 1934, using an economic framework to analyze the trade-offs between decision-making and external costs. It examines various constitutional attributes such as membership requirements, direct democracy, constraints on elected officials, and property rights protections. The study finds that tribes with more valuable common resources adopted stricter membership requirements and that larger tribes were less likely to adopt direct democracy. Additionally, it highlights the significance of agency costs in shaping constitutional provisions and the impact of these choices on tribal economic performance. The research is based on an analysis of 117 tribal constitutions and provides valuable insights into the factors influencing constitutional design in indigenous communities.