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These constitutional provisions, and subsequent interpretations by the Supreme Court (see below), are today often summarized in three principles of U.S. Indian law: [10] [11] [12] Territorial sovereignty: Tribal authority on Indian land is organic and is not granted by the states in which Indian lands are located.
The Civil Rights Act of 1968 also amended Public Law 280 so that states no longer held civil and criminal jurisdiction over Indian country unless the tribes consented at certain elections. [20] Also, in relation to the extension of state law into Indian country, in the 1983 Supreme Court case, New Mexico v.
Indian Law Stories. New York: Foundation Press. ISBN 978-1-59941-729-5. Hays, Joel Stanford. "Twisting the Law: Legal Inconsistencies in Andrew Jackson's Treatment of Native-American Sovereignty and State Sovereignty." Journal of Southern Legal History, 21 (no. 1, 2013), 157–92. Hester, Thurman Lee (2001). Political Principles and Indian ...
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.
A sovereign state is a state that has the supreme sovereignty or ultimate authority over a territory. [1] It is commonly understood that a sovereign state is independent. [2] When referring to a specific polity, the term "country" may also refer to a constituent country, or a dependent territory. [3] [4] [5]
Sovereignty can generally be defined as supreme authority. [1] [2] [3] Sovereignty entails hierarchy within a state as well as external autonomy for states. [4]In any state, sovereignty is assigned to the person, body or institution that has the ultimate authority over other people and to change existing laws. [5]
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.
Over 550 princely states, almost all of the states contiguous with the territory of India, acceded to India by 15 August. The exceptions were Junagadh , Hyderabad , and Jammu and Kashmir . The princely state of Jammu and Kashmir, although governed by a Hindu ruler, had a predominantly Muslim population, with over 77.11% of its constituents ...