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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.
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]
Regardless of its founding circumstances, all aspirant states claim sovereignty over their claimed territory and seek formal recognition of their statehood in international society. Such an entity is only considered an aspirant state while it formally claims sovereignty but has not achieved international recognition as a sovereign state.
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]
A state refers to a political unit with sovereignty over a given territory. [22] While a state is more of a "political-legal abstraction," the definition of a nation is more concerned with political identity and cultural or historical factors. [22]
Also, B. T. Sumner's article mentions, "In international law and relations, ownership of territory is significant because sovereignty over land defines what constitutes a state." [2] Therefore, the breach of a country's borders or territorial disputes pose a threat to a state's very sovereignty and the right as a person of international law.
Indian Country, as defined by Congress in 1948 (18 U.S.C.A. 1151) is: a) "all land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights-of way running through the reservation, b) all dependent Indian communities within the borders of ...
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 ...