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Some tribes have a blood quantum requirement for citizenship. Others use other methods, such as lineal descent.While almost two-thirds of all federally recognized Indian tribes in the United States require a certain blood quantum for citizenship, [15] tribal nations are sovereign nations, with a government to government relationship with the United States, and set their own enrollment criteria.
Blood quantum laws or Indian blood laws are laws in the United States that define Native American status by fractions of Native American ancestry. These laws were enacted by the federal government and state governments as a way to establish legally defined racial population groups .
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 ...
This determined that Indian tribes were separate from the federal or state governments and that the states did not have power to regulate commerce with the tribes, much less regulate the tribes. The states and tribal nations have clashed over many issues such as Indian gaming , fishing, and hunting.
The United States was the first jurisdiction to acknowledge the common law doctrine of aboriginal title (also known as "original Indian title" or "Indian right of occupancy"). Native American tribes and nations establish aboriginal title by actual, continuous, and exclusive use and occupancy for a "long time." Individuals may also establish ...
Indian Country, as defined by Congress in 1948 (18 U.S.C.A. 1151) is: a) "all land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights-of way running through the reservation, b) all dependent Indian communities within the borders of ...
The Bureau of Indian Affairs (BIA), also known as Indian Affairs (IA), [2] is a United States federal agency within the Department of the Interior.It is responsible for implementing federal laws and policies related to Native Americans and Alaska Natives, and administering and managing over 55,700,000 acres (225,000 km 2) of reservations held in trust by the U.S. federal government for ...
States justified discrimination based on state statutes and constitutions. Three main arguments for Indian voting exclusion were Indian exemption from real estate taxes, maintenance of tribal affiliation, and the notion that Indians were under guardianship or lived on lands controlled by federal trusteeship.