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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 the Department of the Interior explains, "federally recognized tribes are recognized as possessing certain inherent rights of self-government (i.e., tribal sovereignty)...." [4] 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.
Martinez, 436 U.S. 49 (1978), was a landmark case in the area of federal Indian law involving issues of great importance to the meaning of tribal sovereignty in the contemporary United States. The Supreme Court sustained a law passed by the governing body of the Santa Clara Pueblo that explicitly discriminated on the basis of sex. [ 1 ]
Indian country jurisdiction, or the extent which tribal powers apply to legal situations in the United States, has undergone many drastic shifts since the beginning of European settlement in America. Over time, federal statutes and Supreme Court rulings have designated more or less power to tribal governments, depending on federal policy toward ...
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.
The following outline is provided as an overview of and topical guide to United States federal Indian law and policy: Federal Indian policy – establishes the relationship between the United States Government and the Indian Tribes within its borders. The Constitution gives the federal government primary responsibility for dealing with tribes.
It recognizes tribal sovereignty, lets Native councils lead the process and prioritizes consultation — features that make a big difference for a law that serves 574 federally recognized tribes ...
American Indian Treaties: The History of a Political Anomaly (1997) excerpt and text search; Prucha, Francis Paul. The Great Father: The United States Government and the American Indians (abridged edition, 1986) McCarthy, Robert J. "The Bureau of Indian Affairs and the Federal Trust Obligation to American Indians," 19 BYU J. PUB. L. 1 (December ...