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Territorial sovereignty: Tribal authority on Indian land is organic and is not granted by the states in which Indian lands are located. Plenary power doctrine: Congress, and not the Executive Branch or Judicial Branch, has ultimate authority with regard to matters affecting the Indian tribes. Federal courts give greater deference to Congress on ...
Lone Wolf v. Hitchcock, 187 U.S. 553 (1903), was a landmark United States Supreme Court case brought against the US government by the Kiowa chief Lone Wolf, who charged that Native American tribes under the Medicine Lodge Treaty had been defrauded of land by Congressional actions in violation of the treaty.
The Congress may create and charter, through the enactment of statutes, corporate bodies (Federal Corporations) which can be granted (through the Congress' plenary power to legislate) derivative (derived from the legislation, as opposed to the Constitution itself) plenary power(s) in areas that are defined by statute and which comport with the constitution.
He also takes issue with the authority the U.S. government holds over Native Americans, known as “plenary power,” defined as “complete or absolute authority granted to a governing body ...
This is a list of U.S. Supreme Court cases involving Native American Tribes.Included in the list are Supreme Court cases that have a major component that deals with the relationship between tribes, between a governmental entity and tribes, tribal sovereignty, tribal rights (including property, hunting, fishing, religion, etc.) and actions involving members of tribes.
Nancy Carol Carter, Race and Power Politics as Aspects of Federal Guardianship over American Indians: Land-Related Cases, 1887–1924, 4 Am. Indian L. Rev. 197 (1976). Robert N. Clinton & Margaret Tobey Hotopp, Judicial Enforcement of the Federal Restraints on Alienation of Indian Land: The Origins of the Eastern Land Claims , 31 Me. L. Rev. 17 ...
Kagama (1886) set the stage for the court to make even more powerful decisions based on plenary power. To summarize congressional plenary power, the court stated: The power of the general government over these remnants of a race once powerful, now weak and diminished in numbers, is necessary to their protection, as well as to the safety of ...
The court's decision continued the contradictory treatment of Native Americans with the incongruous ideas of Indians as dependent people in need of protection and Indians as United States Citizens. [11] United States v. Nice upheld the plenary power of Congress. The nearly unlimited power of Congress to adjust Indian rights still exists today.