Search results
Results from the WOW.Com Content Network
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 .
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 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 ...
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.
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.
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.
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 test for the acknowledgement of aboriginal title in the United States is actual, exclusive and continuous use and occupancy for a "long time". [12] Unlike nearly all common law jurisdictions, the United States acknowledges that aboriginal title may be acquired post-sovereignty; a "long time" can mean as little as 30 years. [ 13 ]