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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 .
As of January 8, 2024, 574 Indian tribes were legally recognized by the Bureau of Indian Affairs (BIA) of the United States. [1] [2] Of these, 228 are located in Alaska and 109 are located in California. 346 of the 574 federally recognized tribes are located in the contiguous United States. [3]
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.
Cherokee Nation v. Georgia (1831), 30 U.S. (5 Pet.) 1 (1831), was a landmark United States Supreme Court case. The Cherokee Nation asked the Court to stop Georgia from enforcing state laws that took away their rights within the Cherokee territory.
As the Department of the Interior explains, "federally recognized tribes are recognized as possessing certain inherent rights of self-government (i.e., tribal sovereignty)...." [1] The constitution grants to the U.S. Congress the right to interact with tribes. More specifically, the Supreme Court of the United States in United States v.
In 2020, the United States Supreme Court ruled in McGirt v. Oklahoma that the tribal statistical area (and former reservation) of the Muscogee (Creek) Nation remains under the tribal sovereignty of the Muscogee (Creek) Nation for the purposes of the Major Crimes Act. [30] [31] Federal civil jurisdiction is very limited in Indian country.
Elk v. Wilkins, 112 U.S. 94 (1884), was a United States Supreme Court landmark 1884 decision [1] [2] with respect to the citizenship status of Indians. [3]John Elk, a Winnebago Indian, was born on an Indian reservation within the territorial bounds of United States.
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.