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Tribal sovereignty in the United States is the concept of the inherent authority of Indigenous tribes to govern themselves within the borders of the United States. The U.S. federal government recognized American Indian tribes as independent nations and came to policy agreements with them via treaties.
Georgia to challenge federal and state policies that infringe on tribal sovereignty. Recent cases, such as McGirt v. Oklahoma (2020), reaffirmed the principle that treaties with Native nations must be upheld, reinforcing tribal jurisdiction over their historic lands. These rulings highlight the lasting impact of the Cherokee Nation’s legal ...
The Constitution gives the federal government primary responsibility for dealing with tribes. Some scholars divide the federal policy toward Indians in six phases: coexistence (1789–1828), removal and reservations (1829–1886), assimilation (1887–1932), reorganization (1932–1945), termination (1946–1960), and self-determination (1961 ...
The Rights of Indians and Tribes: The Authoritative ACLU Guide to Indian and Tribal Rights. New York: New York University Press. ISBN 0-8147-6718-4. Pommershiem, Frank (1997). Braid of Feathers: American Indian Law and Contemporary Tribal Life. Berkeley, CA: University of California Press. ISBN 0-520-20894-3.
This understanding of tribal sovereignty was considered in connection with a treaty between the Navajo Nation and the United States limiting the kinds of federal officials who could be present and act on the reservation. The treaty was read to preserve, rather than cede, the tribal sovereignty affirmed in Santa Clara. The Commission thus ...
In order to become a federally recognized, tribes must meet certain requirements. The Bureau of Indian affairs defines a federally recognized tribe as an American Indian or Alaska Native tribal entity that is recognized having a government-to-government relationship with the United States, with the responsibilities, powers, limitations, and obligations attached to that designation, and is ...
Leadership was organized at the village level, and not tribal level, so in most cases, a leader represented members of multiple tribes who were living together in the same settlement. Leadership in the villages was likewise divided between war chiefs and civil chiefs.
Georgia, 30 U.S. 1 (1831), the Supreme Court addressed whether the Cherokee nation is a foreign state in the sense in which that term is used in the U.S. constitution. The Court provided a definition of Indian tribe that clearly made the rights of tribes far inferior to those of foreign states: